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/ 


iSi qw. -i §TEEL’S 

SHIP - MASTER’S ASSISTANT, 

AND 

OWNER’S MANUAL; 


CONTAINING 


GENERAL INFORMATION NECESSARY FOR OWNERS AND MASTERS 
OF SHIPS, SHIP-BROKERS, PILOTS, AND OTHER PERSONS 


CONNECTED WITH 

THE MERCHANT SERVICE ; 

TOGETHER WITH 


/rF 


THE LAWS RESPECTING SEAMEN, TABLES OF WAGES, &c. &c. 

ALSO, 

THE LAWS OF THE CUSTOMS, DUTIES OF CUSTOMS, RECIPROCITY ACTS, 
NAVIGATION LAWS, REGISTRY OF SHIPS, SMUGGLING, RATES OF PILOTAGE 
THROUGHOUT ENGLAND AND SCOTLAND, DOCK RATES ON SHIPPING, 
BRITISH FISHERIES, MARINE ASSURANCES, CONVENTIONS AND COMMER¬ 
CIAL TREATIES WITH ALL FOREIGN POWERS, &c. &c. 


THE TWENTIETH EDITION. 


NEWLY ARRANGED AND CORRECTED DOWN TO 1832-3 ; AND DEDICATED 
(BY PERMISSION) TO THE GENERAL SHIP-OWNERS* SOCIETY. 


BY I. STIKEMAN 

—, 

CUSTOM-HOUSE AGENT, LONDON. 


9 


WITH TABLES OF WEIGHTS, MEASURES, AND MONIES, EXCHANGES, &c. 

BY DR. KELLY, 

•A -i_ 

Author of the “ Universal Cambist ,” and Mathematical Examiner to the Trinity House. 



PRINTED FOR LONGMAN, REES, ORME, BROWN, GREEN, AND 
LONGMAN, PATERNOSTER-ROW. 


1832. 











7 ' 


LONDON: 

PKINTEl) BY WILLIAM CLOWES, 
Stamford-stveet. 


GEORGE PALMER, ESQ. 


CHAIRMAN, 


AND THE COMMITTEE OF THE GENERAL SHIP¬ 
OWNERS’ SOCIETY. 


GENTLEMEN, 

I am happy to have permission to lay this Book 
before you, because there are no Gentlemen to whom it 
could with more propriety be offered, and none more com¬ 
petent to judge of its utility. 

The Master of a Ship, when at home, can obtain every 
information he may want; but in Foreign Countries, and 
in remote parts of the World, he may find few to advise 
him, and none upon whose information he can rely. In¬ 
stances are not wanting where even Consuls have been 
applied to, and whose information was opposite to being 
useful or correct. It is therefore a matter of the first 
importance to the Shipmaster to possess a Work, by which 
he may learn in what Trade he may engage, without 
violating some of the innumerable enactments with which 
he is surrounded, and avoid the pecuniary penalties with 
which the laws are so bountifully studded. 

If this is important to him on the one hand, it is no less 
so to those whose Ships and Property are intrusted to his 
care ; for there are cases in which the Ship is liable to for¬ 
feiture for infraction of the law; and others in which not only 
the Ship, but the entire Cargo is liable to confiscation. The 
Merchant is therefore also interested in knowing that the 
Master possesses the means of such knowledge as may 
ensure the safety of the property committed to his care. In 
how many cases has it not occurred that the Market has 
been lost, and ruinous expenses been incurred, when upon 



iv 


DEDICATION. 


the arrival of Goods in this country it has been found that 
from not knowing the law, they have been so brought that 
they could not be imported to be used therein ? 

The utility of a Work by which these consequences may 
be guarded against cannot be doubted; but then its worth 
must depend entirely upon whether its accuracy can be 
implicitly relied upon; with this view nothing is given 
without an authority, and a reference to where that autho¬ 
rity may be found—whether it be an Act of Parliament— 
the London Gazette—the Minutes of the Treasury and 
Customs’ Boards—or the Law Reports. 

The desire to make the Book as extensively useful as 
practicable has necessarily led to the introduction of a 
great variety of subjects, and as it contains the Duties of 
Customs—Reciprocity Acts and Orders —the Pro¬ 
hibitions and Restrictions of Goods Inwards and 
Outwards —the Warehousing Laws —the Trade to 
the British Possessions —the Trade to the East 
Indies and Cape of Good Hope — Foreign Ex¬ 
changes, &c. &c. it is hoped it will be found to be equally 
useful to the Merchant in the Counting House as 
elsewhere, especially as all the Conventions and Com¬ 
mercial Treaties between this Country and Foreign 
Powers have been given at full length, by which the Du¬ 
ties, Drawbacks, and Charges in those Countries respec¬ 
tively have been mutually regulated. 


I am, Gentlemen, very respectfully, 
Your most obedient 

Humble Servant, 


9, St. Dunstan’s Hill; 

27 September , 1832. 


I. STIKEMAN. 


P.S.—As it is deemed of some interest to the Commer¬ 
cial Body that the Principles of the General Ship Owners’ 
Society should be fully and generally known and under¬ 
stood, the following particulars are given. 




COMMITTEE 

FOR MANAGING THE AFFAIRS OF THE GENERAL SHIP OWNERS’ 

SOCIETY. 


GEORGE PALMER, Esq., Chairman. 

GEORGE FREDERICK YOUNG, Esq., Deputy-Chairman, 

elected at North Shields. 

JOHN W. BUCKLE, Esq. 

HENRY BLANSHARD, Esq. 

ROBERT BARRY, Esq., elected at W hitby. 
JONATHAN CHAPMAN, Esq. 

JOHN CHAPMAN, Esq. 

ROBERT CARTER, Esq. 

NATHANIEL DOMETT, Esq. 

CHARLES ENDERBY, Esq. 

THOMAS FORREST, Esq , elected at South Shields. 
RALPH FENWICK, Esq., elected at Sunderland. 
NATHANIEL GOULD, Esq. 

HENRY NELSON, Esq. 

JOHN PIRIE, Esq. 

JOHN D. POWLES, Esq. 

WILLIAM TINDALL, Esq., elected at Scarborough. 


At a General Meeting of Ship Owners , held at the City of London 
Tavern , on Thursday , the 9 th of June, 1831, 

It was unanimously resolved, 

“ That the continued and increasing depression of the British Shipping Interest ren¬ 
dering it more than ever essential that a General Association should be formed 
of the Ship Owners of the United Kingdom, for the effectual preservation, pro¬ 
tection, and support of their great and common interests; the recommendations 
of the Provisional Committee appointed on the 10th of April, 1828, for the 
formation of such an Association, be forthwith adopted.” 

The General Ship Owners’ Society has in consequence been organized on the basis 
recommended, which is considered calculated to ensure a constant and efficient atten¬ 
tion to all questions in which British Maritime Interests are involved, and as provision 
is therein made for the adequate representation of the Ship Owners at the Out-ports, 
in the General Committee in London, it is anticipated that the cordial assistance and 
support of the great body of British Ship Owners throughout the Empire may be con¬ 
fidently relied on. 


RULES AND REGULATIONS. 

All Ship Owners or other persons interested in British Shipping, subscribing Fifty 
Guineas, or upwards, in one sum, to be Members of the Society for Life ; those sub¬ 
scribing Five Guineas, or upwards, in one sum, together with not less than One Guinea 
annually, and those subscribing One Guinea, or upwards, annually, to be Members so 
long as their Annual Subscriptions shall continue to be paid. 

The Members to be entitled to vote at all ballots, according to the following scale, 
viz.— 

Members for Life; those subscribing Twenty-five Guineas, or up¬ 
wards, in one sum, together with Five Guineas, or upwards, 
annually; and those subscribing Ten Guineas, or upwards, an¬ 
nually, to have ...»./. .Three Votes. 





VI 


Members subscribing Fifteen Guineas, or upwards, in one sum, 
together with Three Guineas, or upwards, annually; and those 
subscribing Five Guineas, or upwards, annually, to have.Two Votes. 

Members subscribing Five Guineas, or upwards, in one sum, together 
with One Guinea, or upwards, annually; and those subscribing 
One Guinea, or upwards, annually, to have......One Vote. 

The Ship Owners of the Out-Ports to be invited to co-operate with the Society, by 
the formation of District Associations, to be governed by their own rules. An annual 
contribution of £50 from any such Association to entitle the Port, from which it is 
received, to the annual appointment of a respectable individual usually resident in 
London as a Member of the General Committee ; an annual subscription of £100 to 
entitle to two ; and of £200 to three Members, but in no case to any greater number. 
Any smaller annual contribution than £50, from any Association, to constitute the 
Association, from which it is received, a. part of the General Society, and entitle it to 
enter into correspondence with the General Committee. All such Associations, whether 
having elected any individual as a Member of the General Committee or not, to be 
recommended to make such communications as from time to time may be found ad¬ 
visable to promote the general objects and advantage of the British Shipping Interest. 

The affairs of the Society to be managed by a Committee in London, consisting of 
twelve Members, to be chosen by ballot at a General Meeting of the Society, to be 
annually convened in London for that special purpose, and of the individuals elected 
at such Out-Ports as may be entitled to the privilege under the preceding regulation. 
Such four of the said twelve Members as shall have least frequently attended during 
the first year, to go out at the expiration thereof, and to be replaced by an equal num¬ 
ber by ballot, as above; the same course to be pursued at the expiration of the second 
year, with respect to such four of the original Members as shall have least frequently 
attended in that year; and in all subsequent years, one-third of the said number to go 
out annually by rotation, and not to be eligible for re-election for twelve months. In 
the event of any vacancy occurring in the Committee, by resignation or casualty, the 
individual standing next in number of votes, on the ballotting list of the last previous 
election, to become a Member of the Committee for the remaining period of the time 
during which the party occasioning the vacancy would have continued therein. 

The Chairman or Deputy Chairman of any Association subscribing to the Funds 
of this Society, or any Member thereof who may be specially deputed to attend in Lon¬ 
don upon any occasion before the Parliament, or other important occasion, to be 
Honorary Members of the General Committee during the period that they shall re¬ 
main in London. 

The Committee to nominate by ballot, at the first meeting after their appointment, a 
Chairman and Deputy Chairman, from their own body, for one year; the latter to 
become Chairman for the following year; and the Committee for the second, and 
each succeeding year, to nominate by ballot at the first meeting after their appoint¬ 
ment, a Deputy Chairman, who shall succeed in rotation to the chair The Committee 
to appoint a Secretary and such other Assistants as may be requisite for conducting 
the business of the Society. Five Members to be a quorum, except at the Meetings 
for appointment of Chairman or Deputy Chairman, at which the attendance of not less 
than one half of the Members of the Committee to be indispensable. 

The funds to be under the control and management of the Committee, who are 
annually to lay before a General Meeting of the Members a detailed Statement of the 
receipts and expenditure of the Society, together with a Report of their proceedings 
during the preceding year. 


Office, 72, Cornhill, London. 


N. W. SYMONDS, 
Secretary. 





INTRODUCTION. 


The interests connected with the business of Shipping are so important 
and so diversified, whether considered with reference to the persons 
concerned in their individual characters as Ship Owners, Masters, or 
Merchants, or with regard to the connexion which necessarily exists 
between them—the property intrusted to the Masters of Ships is so 
large, and the situations in which they will of necessity be placed, 
(especially when abroad,) must be often so difficult, that with the view 
to their assistance it has been deemed proper to put the present Edition 
into an entirely new and systematic arrangement. 

Following the original intention of compiling An Assistant to the 
Shipmaster , all that relates to him, whether in the capacity of Master 
only—or as Master and part Owner—as well as what may concern him 
and the crew—the Regulations of Ports and Harbours of England— 
Pilots and the Rates of Pilotage throughout England and Scotland (a 
thing never before done on so complete a scale)—Quarantine Regula¬ 
tions—Carrying of Passengers, &c.—forms as many Chapters, in the 
following order:— 

FIRST PART, viz.— 

Chapter I.—Owners of Ships. 

II.—Masters of Ships. 

III. —Seamen and Seamen’s Wages, Impressment. 

IV. —Ports and Harbours. 

. General Laws. 

. Particular Ports. 

.The Docks. 

.Ballast, &c. 

V.—Of Pilots and Pilotage, and Orders in Council 
relating thereto. 

VI.—Quarantine Laws. 

VII.—Carrying Passengers. 

VIII.—Aliens. 

IX.—Conveyance of Ship Letters. 

X.—Colours, Salutes, and Ship Accounts. 

The SECOND PART 

Is of a more general nature, embracing what is equally important to 
the MERCHANT, as the Shipmaster and Owner, and contains the 
alterations made in the laws down to the end of the last Session of 
Parliament:—the subjects are— 

Chapter I.—Registry of Ships. 

II.—Navigation Laws. 

III. —Smuggling Acts. 

IV. —Customs.—Management. 

V. —. Regulation—Inwards. 

.Outwards. 

.Coastwise. 









VU1 


INTRODUCTION. 


Chapter VI.—Customs.—Duties. 

. Reciprocity. 

. Commercial Treaties. 

VII.—Warehousing. 

VIII.— Bounties and Allowances. 

IX.—British Possessions abroad, and 
Council relating thereto. 

X.—Trade of the Isle of Man. 

XI.—The Corn Laws. 

XII.—The Coal Trade. 

. XIII.—The East India Trade. 

XIV.—The British Fisheries. 

XV.—Consular Fees. 


Orders in 


The THIRD PART contains— 

Chapter I.—Freight, Charter Party, and Demurrage. 

II.—Marine Assurances. 


PART THE FOURTH- 

CHAPTER I.—Bills of Exchange and Stamp Duties. 

II.—Of Factors and Factorage. 

III. —Weights and Measures, and Exchanges of the 

different Trading Places in the World. 

IV. —Of the Admiralty. 

V.—Mediterranean Passes. 

VI,—Of the Transport Service. 

VII.—The Slave Trade. 

VIII.—Privateers and Foreign Enlistment. 

IX.—South Sea Duties,—Duties payable to the 
Russian Company,—Scavage, and other 
Dues payable to the City of London. 

MISCELLANEOUS. 

Arrangement of the Countries with which the 
Foreign Trade of Great Britain is carried 
on. 

Table showing the computed length of Time 
required to make different Voyages. 

Systematic and comprehensive as this arrangement is, and with the 
view to make the Book of still greater practical utility by a ready refer¬ 
ence to any particular subject, the most important of the Contents of 
each Chapter have been set out in a conspicuous manner by way of 
Index to the whole; and the Publishers beg to add, that they will be 
happy at all times to receive communications from intelligent and 
experienced persons, by which they may profit, so as to render the 
Work in the greatest degree, what they are desirous it should be—A 
PRACTICAL AND USEFUL ASSISTANT TO THE SHIPMASTER. 


39, Paternoster Row. 




I. STIKEMAN avails himself of this opportunity to acquaint Ship 
Owners, Masters, and Merchants, that having been many years established 
as a Custom House Agent, he will be happy to afford them every Infor¬ 
mation and Assistance in his power; and to Memorialize the Lords of the 
Treasury, or the different Revenue Boards, for the Restoration of Seizures, 
or respecting such other difficulties as they may experience. 

Counting House, 

No. 9, St. Dunstan’s Hill, 

Lower Thames Street. 



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EXPLANATION 


OK THE 

PARTICULARS ON THE PLATE, 

DESCRIBING THE 

RIGGING, &c. OF A MERCHANT SHIP OF 550 TONS. 


1 BOWSPRIT. 

2 Gammoning. 

3, 3, Bowsprit shrouds. 

4 Bobstays. 

5, 5, Martingal and stay. 

6 Horse or man rope. 

7 Spritsail yard and sail. 

8 - horses and stirrups. 

9, 9, - brace pendents. 

10, 10, - braces. 

11, 11, - lifts, standing. 

12 - halliard. 

13 Spritsail, topsail, yard and sail. 

14 -horses. 

15 -braces. 

16 -lifts, standing. 

17 -halliard. 

18 -sheets. 

19 Jib-boom. 

20 -horses. 

21 -jib, guy, pendents, and falls. 

22 -jib, stay, and sail. 

23 -jib, halliard. 


24 FORE MAST. 

25 - 

26 - 

27 - 

28 - 

29 - 

30 - 

31 - 

32 - 


tackle pendent, 
runner, 
falls. 


■ shrouds, 
laniards, 
ratlines, 
stay and sail. 

-halliard. 

yard and sail. 

-jeers. 

-horses and stirrups. 

-tackle pendents. 

-tackles. 

-lifts. 

-tacks. 

-sheets. 

- braces. 


33, 33,- 

34 - 

35 - 

36 - 

37 - 

38 - 

39, 39,- 

40, 40,- 

41, 41,- 

42 FORE TOP MAST. 

43 -burton pendents and tackles. 

44 -falls. 

45 -shrouds. 

46 ■ laniards. 

47 -futtock shrouds. 

48 -stay and sail. 

49 -halliard. 

50 -backstay. 

51,51, -topsail yard and sail. 

52 -horses and stirrups. 

53 -Flemish horses. 

54 -lifts. 

55 -braces. 

56, 56, --sheets. 



65, 65 


57 FORE TOPGALLANT MAST. 

58 -shrouds. 

59 -*- stays. 

60 --- backstay. 

topgallant yard and sail. 

horses, 
braces, 
lifts, 
sheets. 

66 FORE ROYAL MAST. * 

67, 67,-yard and sail. 

68 -halliard. 

69 -sheets. 

70 MAIN MAST. 

- tackle pendent. 

- runner. 

- falls. 

- shrouds. 

- laniards. 

- ratlines. 

- stay and sail. 

- halliards. 


71 - 
72- 
73 - 

74- 

75- 

76 - 

77 - 

78 - 

79, 79, MAIN YARD and SAIL. 


80 
81 
82 

83 

84 

85 

86 

87 

88 MAIN TOP MAST. 


jeers. 

horses and stirrups, 
tackle pendents, 
tackles, 
lifts. 

• braces, 
tacks. 

■ sheets. 


89 

90 

91 

92 

93 

94 

95 


tackles. 


burton pendents and 

falls, 
shrouds, 
laniards, 
futtock shrouds, 
stay and sail, 
halliard. 


96 -middle staysail, stay and sail. 

97 - -halliard. 

98 -backstay. 

99,99, MAIN TOP-SAIL YARD and 
SAIL. 

-horses and 


stirrups. 


100 . 

101 
102 

103 

104 

105 MAIN TOPGALLANT MAST. 

106 -shrouds. 

107 -stay and sail. 

108 -' — ■ ■ ■ halliards. 

1 oo _ ... - - backstay. 


Flemish horses. 

lifts. 

braces. 

■ sheets. 






























































































EXPLANATION OF THE PLATES 


110,110, FORE TOPGALLANT YARD 
and SAIL. 

111 --horses. 

112 -braces. 

113 -lifts. 

114 -sheets. 

115 MAIN ROYAL MAST. 

116 -— stay. 

117,117,-yard and sail. 

118 -halliards. 

119 -sheets. 

120 MIZEN MAST. 

121 -burton pendent and tackle. 

122 -shrouds. 

123 -laniards. 

124 -ratlines. 

125 -stay and sail. 

126 -halliard. 

127, 127, CROSS-JACK YARD. 

128 -horses. 

129 -lifts. 

130 -braces. 

131 DRIVER BOOM. 

132 -topping lift. 

133 -guy pendents and tackle. 

134 GAFF PEAK. 

135 -halliards. 


136 GAFF sheet halliards. 

137 -vane pendent and falls. 

138 -driver yard and sail. 

139 -halliards. 

140 MIZEN TOPMAST. 

141 -shrouds. 

142 -futtock shrouds. 

143 -stay and sail. 

144 -halliard. 

145 -backstay. 

146,146, MIZEN TOPSAIL YARD and 
SAIL. 


147 

148 

149 

150 


horses. 

lifts. 

- braces, 
sheets. 


151 MIZEN TOPGALLANT MAST. 


152- 

153 ■ 

154 • 

155 ■ 
156, 


shrouds, 
stay and sail, 
halliard, 
backstay. 


156, MIZEN TOPGALLANT 
YARD and SAIL. 


157 

158 

159 

160 


horses. 

braces. 

lifts. 

sheets. 


REFERENCES TO THE SECTION 

OF THE 

INBOARD WORKS 


OF A 

MERCHANT SHIP OF 550 TONS. 


1 False keel. 

2 Main keel. 

3 Floors. 

4 Lower futtocks. 

5 Keelson. 

6 Lower deck beams and beam arms. 

7 Lower deck. 

8 Upper deck, beams and beam arms. 

9 Upper deck. 

10 Waist. 

11 Roughtree along the waist. 

12 Gripe. 

13 Knee of the head. 

14 Stem. 

15 Apron. 

16 Stemson. 

17 Deck hooks. 

18 Breast-hooks. 

19 Manger. 

20 Cheeks. 

21 Head-rails. 

22 Figure. 

23 Bowsprit! 

24 Forecastle. 

25 Fire-hearth and galley. 

26 Foremast. 

27 Windlass. 

28 Fore hatchway. 

29 Main hatchway, 

30 Mainmast. 


31 Pump. 

32 Pump-well. 

33 Pillars under the beams. 

34 After hatchway. 

35 Capstan. 

36 Ports. 

37 Roundhouse. 

38 Steering-wheel. 

39 Mizenmast. 

40 Roughtree trail. 

41 Stern timbers. 

42 Taffrail. 

43 Upper counter. 

44 Lower counter. 

45 Wing transom. 

46 Transoms under ditto. 

47 Fashion pieces. 

48 Deadwood. 

49 Deadwood-knee. 

50 Stern post. 

51 Inner post. 

52 Rudder. 

53 Tiller. 

54 Crutch. 

55 Mizen-step. 

56 Main-step. 

57 Fore-step. 

58 Cuddy, or Cabin. 

59 Steerage. 

60 Cabin for passengers. 














































CONTENTS. 


PART THE FIRST. 

CHAPTER I. 


OWNERS OF SHIPS. 

PAGE 

Ownership how acquired.—If by Purchase, Possession necessary 1 


.. .By Capture. 2, 379 

... By Mortgage... 2, 384 

Owners not liable for Loss of Goods beyond the value of the l 2, 4 
Ship and Freight.J 169 

...By Fire.. 3 

.. .For want of a Pilot.. 169 

. . .For certain Goods, unless their] 


nature and value Are stated upon > 3 

Shipping.J 

.. . Liable for Goods spoiled by default of the Master ... 7 

... for Repairs, Provisions, and Necessaries ... 8, 9 

. . . When Ship and Freight not equal to all the losses, 1 3 ^ 

—the Proceedings to be had thereon. J 5 

Part Owners not agreeing about a Voyage. 7 

... Bill filed by one Part Owner binds all other Part! j, 
Owners included therein . J 

... In what case the Owner of a Ship letting to another 1 - . n , 7 
is still liable for loss.. J * 

Decided Cases .... 9 


CHAPTER II. 


MASTERS OF SHIPS. 


Who qualified to be Masters ... 13, 391 

Responsible for Goods committed to their care;—but not liable! , r 
for more than actually Shipped.j 5 0 


What Acceptance makes a Carrier liable ... 15 

f 3 1 

In what cases liable for Loss of Goods.j j S ^ 

In what cases not liable for Stores delivered to the Ship.. 9 

b 




















CONTENTS. 


1 % 


MASTERS continued . ,\(t W* 

Have no Lien on the Ship for W ages, nor for Money paid for I ^ 
Stoves or Repairs.1 

Have no Authority to sell a Ship, but may Hypothecate her .. 16 

What to do if Passengers die..*. 1^ 


an . 
son « 
SrtOI 


In what cases they may Pilot their own Vessels. 170 

To enter into written agreements with Seamen, and to deduct 1 23 24 
Penalties from their Wages, and pay them to> 20 


Greenwich Hospital. 

Leaving Seamen abroad, or forcing them on shore—Penalty. 


15, 35 


... on account of sickness, to leave their 1 34 

Wages also.1 

To bring home Sea-faring Men, under penalty of £100,—and! 34 

to subsist them at 1 s.6d. per day. ) 

Free from Impress.48, 765 

Penalty on carrying Persons enlisted into any Foreign Service . 1111 

Legal Decisions... 13, 16 


CHAPTER III. 


SEAMEN. 


m 
081 
>£f 


British, who deemed to be.| 

Agreements with the Master to be in writing, and Seamen tol 
have a written discharge.I 

Refusing to defend, or destroying or running away with the Ship 

Deserting or absenting themselves, or refusing to go thel 
Voyage.. J 

Negligence of; Masters may reimburse themselves out of their 1 
Wages. J 

Not to be forced on Shore, or left in Foreign Parts;—but ifl 
left on account of Sickness their Wages to be left > 
also. ..J 

Wrecked abroad, or discharged from the Navy, Governors or') 

Consuls to subsist them at Is. 6 d. per day, and send l 
them home; and Consuls to have credit for dis-1 
bursements on their account. J 

Assaulting or Beating them to prevent their W orking... 


391, 392 
394, 793 

23, 25 
27 

24 

23, 25 
27,31 

24 


34, 35 


34 
805 

35 


The number to be employed in certain Vessels 

Regulations in the Coasting Trade. 

•.. West India Trade. 

Impressing of... 


f 390,391 
l 402,760 

. 24 

.. 27 

47 


Exemptions from 


31, 32 
47 

765,771 























CONTENTS. 


xi 


SK A MEN continued. 


ZWATZhU 

PAGR 


Smuggling.—Penalty on Persons found on l>oard Vessels with! 

Spirits and Tobacco in small Packages.j 

... unfit for Service, how to be disposed of.407, 416 

Enlisting into Foreign Service.. 35, 1106 

Entering on board a Slave Ship. 1072 

Apprentices, the number required to be in a Ship. 31 


Indentures to be enrolled with the Collector 1 
of the Customs.j 


433 


... Enticing them from the Fisheries. 7 59 

... Exempt from Impress. 47, 765 

... Fide Article Slave Trade .. .. 1076 

Wages.— In what cases due, and when to be paid. 23, 37 

... Of Dead Men . 28 

r 23,24 

... In what cases forfeited ; and to be paid to Green-) 25, 26 

wich Hospital, or the Seamen’s Hospital.j 27, 28 

V 32,33 


... Unjustly withheld, and Recovery of. 33, 38 

TABLES for calculating. 41 

... Of Greenwich Hospital Duty. 46 


CHAPTER IV. 

PORTS AND HARBOURS. 

List of the PORTS of ENGLAND, SCOTLAND, and 


IRELAND.j aw, iou 

Regulations for PORTS and HARBOURS generally . 52 

... For the Port of LONDON. 63 

... For Ballast .. 67 

... Rates for ditto. 77 

... For the London Docks. 78 

... Rates for Ships. 95 

... For the West India Docks. 97 

... Rates for Ships. 101 

, .. Rules and Regulations for ditto. 102 

... For the Fast India Docks.. 109 

... Rates for Ships. 118 

... By-Laws , fyc . 114 

... For Sr Katherine’s Docks ... 120 

. .. Rates for Ships. 128 

... For the Commercial Docks .. 130 

... Rates for Ships. 134 

b 2 


































CONTENTS. 


xii 

PORTS, &c. continued. page 

London Pout or Dock Dues. 135 

Regulations for the Port of Liverpool. 137 

... Rates for Ships ... 140 

.. . Graving Rates and Signals. 141 

A TABLE showing the Time of High Water at different 1 j^g 

places.j 

Bristol. —Order in Council respecting Commutation Tolls . 147 


CHAPTER V. 


PILOTS AND PILOTAGE. 

The Business of a Pilot. 

The Corporation of the Trinity House ;—The Trinity 'j 
Houses of Hull and Newcastle;— and the I 
Lord Warden of the Cinque Ports to license j 
Pilots and Pilots’ Vessels (6 Geo. IV. c. 125).... J 

Who qualified to be Pilots, and to be examined as to their 1 
fitness.J 

Licences to be in force one year, and may be annulled or sus-1 
pended, and to be produced on boarding a Vessel . j 

... Penalty for landing and for drunkenness.. 

By Laws.... 

Cinque Port Pilots—their limits. 

Pilots always to hoist a flag; and if a flag up and no Pilot on! 

board—Penalty.J 

.. Not going off when required, on refusing to Pilot! 
Vessels ..j 

.. To write their Names in the Log Book.. 

.. Leaving a Vessel without the consent of the Master . 
.. May not be carried to Sea without their consent.... 

.. Licensed Pilots may supersede unlicensed Pilot.... 

.. Employing more Boats than required—the Penalty . 

.. Unlicensed Pilots when they may act, and what! 
Compensation to have. J 

Boat running before a Vessel entitled to Pilotage .. 
Pilot Boats to be painted entirely Black . 

Vessels from the Westward, when to make a signal, and! 

Penalty on the Master if piloted by any but a> 
Licensed Pilot. J 

... In what cases Masters may Pilot their own Vessels! 
and remove them.J 

Losses, where they happen, who liable to... 

Consignee or Agent may retain the amount of Pilotage ...... 

Draught of Water, how to be computed. 

... Giving false account of—Penalty. 

Compensation allowed to Pilots when waiting Quarantine. 

Certificate to be given for the payment of Pilotage. 


153 

154,155 
158,163 

154.158 

165 

155,157 

171 

173 

157,178 

158.159 

164 

172 

166 
166 

165 

172 

173 

167,172 

164 

429 

159,169 

170 

169 

167 

167 

171 

166 
167 




























CONTENTS. 


xi 11 

PAGE 
166, 168 


PILOTS continued. 

RATES of Pilotage, how to he computed and Recovered .... j 
For Trinity House Pilots from Orfordness to London 


186 

For Cinque Port Pilots from the Downs to Stangate 1 , Q<7 

Creek.1 187 

For Margate, Ramsgate, Sandwich, and Dover .166,188 

From the Downs to the Isle of Wight . 188 


For the Districts of 

Newhaven and Shoreham. 

Portsmouth and Cowes. 

Poole... 

Weymouth ..... 

Exeter.... 

Dartmouth... 

Plymouth. 

Fowey .. 

Falmouth..... 

Penzance.... 

Scilly... 

Padstow.. 

Milford.. 

Aberdovey. 

Holyhead. 

Caernarvon. 

Beaumaris . 

Yarmouth. 

.. . Harbours of, and Southwold and Harwich . 

. . . Colchester and Maldon . 

Bristol.(47 Geo. III. Sess. 2. c. 33.). 

Neath.(39 & 40 Geo. III. c. 107.). 

Chester.(16 Geo. III. c. 61.). 

Liverpool.(5 Geo. IV. c. 73.). 

Greenock . .. .(41 Geo. III. c. 51—57 Geo. III. c. 32.). 

Newcastle.(41 Geo. III. c. 86.). 


188 

189 

191 

192 
192 
194 

194 

195 

196 

197 

198 
198 

215 

216 

217 

218 

219 

270 

271 

272 
200 
208 

220 
224 
233 
246 



Berwick , Stockton, and TVhilbg . 

249, 251 

Hull ... 

.(39 & 40 Geo. III. c. 10.). 

252 

Boston., 

.(16 Geo. III. c. 23.). 

260 

Lynn .. 

.(13 Geo. III. c. 30.). 

266 



225 

Foreign 

Vessels. 



Rules and Rates for Piloting them. . . 

181 


Certain Vessels under 60 Tons need not be Piloted... 

183 


Certain Vessels not to pay higher Duties than British - ) 

VpccpIc ..........I 

183 

Of the Royal Navy. 

275 


Quarantine Instructions to Pilots. 

278 








































XIV 


CONTENTS. 


804 *? 


PAGE 


CHAPTER VI. 


QUARANTINE. 

Ships liable thereto ... 

Ships. —Where to perform Quarantine— 

... if bound to England or Scotland... 

... to Ireland. 

... if not bound to the United Kingdom..... 

Having passed the proper Station may proceed to another.... 

Having performed Quarantine in Foreign Ports. 

In what cases may be immediately discharged. 

Goods. —Liable to Quarantine.... 

Embezzling or Damaging. 

Certificates of Origin, in what cases required. 

Exemptions.—Vessels from Bordeaux. 

Pilots. —Instructions and Regulations for. 

Passengers quitting Vessels may be compelled to return on 
board. 

Letters.—R egulations respecting them’. 

... of the Privy Council. 

Signals..... 

Decided Cases... 

F umigation.. 


281, 283 
294 

295, 309 

284,296 

313 

297 

297 

307 

312 

284, 304 
289 

306,309 
309 
278 

288 

291,332 
283, 309 
285,308 

313 
315 


CHAPTER VII. 

PASSENGERS. 

To America. 

The number to be in proportion to the tonnage of the Vessel... 318 

Vessels having more than one Deck how to be constructed. 320 

Quantity of Water and Provisions,—and not to be carried! Q1Q 
between Decks.j 

List of, to be delivered to Officers of Customs before clearing,! 

and counterpart to be shown at the Ports of landing J 61 y 

Landing them without their consent. 319 

What Offences deemed Misdemeanours. o i 9 

Nothing above to affect Post-office Packets,—nor Ships to the! 

Bahamas or the West Indies.J 

*•** 1 he Order in Council, requiring Ships to have a Surgeon on boaul. 
dated 28 March, 1832. 



























CONTENTS. 


xv 


PASSENGERS continued. 

To Ireland. 


PACK 


The number allowed in Passage Vessels. ........... 320 

... in Merchant Ships..... 321 

Licences in what cases required..... 320 


Commissioners of Customs to cause a copy of the Act of 41 

Geo. IV. c. 88. to be hung up in the Custom-house > 322 

at every Port in England. J 

Penalty of £10 on the Master for not hanging up an Abstracts 

of the same, and a copy of the Licence of the num-1 322 

her of Persons allowed to be carried in his Vessel. j 


.. . How to be recovered,—and Appeal. 322 

Exciseable articles may be sold on board Passage Vessels. 323 

Passengers Dying on board Ship. 15 


Baggage, Notices respecting. 325, 326 

Decided Cases.... 324 


ALIENS. 


CHAPTER VIII. 


Masters of Vessels to declare to the Chief Officer of the Cus-l 
toms if he has any Aliens on board.j 

Aliens to declare their Names, and deliver their Passport. 

... to transmit Certificates to the Alien Office, and declare) 
their Residence, half yearly.J 

... Making false Declaration. 

... On departing may have their Passport sent to the Out Ports 

... Forging Certificates, &c.. 

... Nothing to affect Foreign Ministers, or Persons under) 
14 years of age.J 


327 

327 

328 

328 

329 

330 

330 




CHAPTER IX. 


CONVEYANCE OF SHIP LETTERS. 


None but the Postmaster to carry Letters, under a Penalty .,. j 
Exceptions.—Letters by private hands. 

., .Letters of Ship Owners on board their ownl 

Ships, not exceeding certain weights > 

Falsely subscribing them, Penalty.j 


331,332 

335 

331, 336 

336,337 
338, 342 


.Letters of Owners, &c. of Goods sent in the) 

same Vessel. ' 

jo earnaniJa 


1 


nui see Opinion of Attorney and Solicitor -) 

General .J 

.'.HI ‘ - ■ ?« r 

... Letters stamped for that purpose. 


336 

442 

344 

333 























XV! 


CONTENTS. 


LETTERS continued. page 

Masters to collect and deliver Letters to persons appointed by j 331,338 
the Postmaster-General—if afterwards found, the > 33gj 342 
Penalty.J 

Exception. 346 

( 332, 337 

. .. And before the Ship is reported.j 343 

... Required to take Letters to India. 3 ^ 

... Declarations to be made by them.337,343 

( 336, 344 

Stealing or Opening Bags.\ 346 

Merchants’ Accounts, Bills of Exchange, Invoices, See. written 1 

on the same Paper with a Letter,—or several Let-1 g 4 ^ 

ters on the same Sheet between Great Britain and I 
Ireland, to be charged only a Single Letter. J 

Foreign Letters, containing Prohibited Goods, to be cut andl 

sent to the Custom House—the Goods to be de- > 332 

stroyed ..J 

Newspapers.—Regulations relating thereto. 345 

Recovery of Penalties and Limitation of Actions. 339, 340 

f 335 341 

Allowance to Masters for carrying Letters.| g 44 

TABLES OF RATES.— 

Between Great Britain and Ireland. 347 

To Foreign Parts.— 

Europe and other places. 348 

East Indies. 348 

South America. 349 

Newspapers, &c. 349 

Times when the Mails are made up. 349 


CHAPTER X. 

COLOURS AND SALUTES, AND SHIPS’ ACCOUNTS. 


Proclamation respecting the Union Jack ... 351 

... Penalty for using. 401 

Colours of the Royal Navy. 353 

Salutes* to Ditto, &c. 354 

Signals.—The Penalty for making any intimation to Smugglers 409 
Ships’ Accounts. 356 


* [Quantities of Gunpowder permitted to be Shipped as Stores on 
board Vessels bound to Foreign Parts. 

In the East India Trade,— equal to 20 rounds for each Gun. 

In the West India, African, American, and. Mediterranean Trades,—equal 
to 15 rounds for each Gun. 

In all other Trades,—equal to 10 rounds for each Gun. 

Order in Council, 9 July, 1818.] 

























CONTENTS. 


\Vll 


PART THE SECOND. 

CHAPTER I. 

REGISTRY OF SHIPS. 

PAGE 

No Vessel to enjoy the privilege of a British Ship until regis -1 369,371 
tered—the Penalty.J 390 

Exceptions... 391, 373 

( 371,373 

What Vessels entitled to Registry—and where to be registered^ 380,386 

( 1079 

Persons authorized to make Registry.j ^ 333 ^ 

i 374, 375 

Requisites to be performed.< 376, 378 

[ 379, 500 

Persons residing abroad may not be Owners—Exception. 374 

Ships built in the Colonies for persons residing in the United) g^g 
Kingdom may import a Cargo before Registry . .. j 0 

,.. Name not to be changed, and to be painted on the Stern.) 

—Exception.J 

... Stranded, or Unseaworthy and Sold, to lose their Privi-1 Q70 
leges.J 67 * 

. .. Captured, or Sold to an Enemy, not to be again regis-1 g.,g 

... Foreign Repairs—Ships repaired above 20s. per ton tol n 7 n 

lose their privilege .. J 

Change of Master, fresh Bond to be given. 377,500 

. .. Unless Masters are endorsed on the Register, the j 

Officers of Customs may refuse to let them do any > 480 

acts as Master.j 

f 379 381 

... of Property—R egistry de novo when required.j g’g^ 

Transfer to be by Bile of Sale— and in what case dispensed) oon 00 , 
with../ 

Bill of Sale not effectual until recorded, and all the requisites) 

performed—30 days to be allowed for endorsing > 381, 382 
the Register.J 

Where the Bill of Sale has not been recorded. 383 

Partners may hold Shares as joint Owners. 380,388 

Shares of Ships to be divided into 64 integral parts—but only) 

32 Persons to be Owners of one Ship at one time. j 

. .. Sold by an Agent. 384 

... By way of Mortgage, or for Security of Debts. 385 

. .. Mortgagee not to be affected by the Bankruptcy of the Iv*" 
Mortgagor....... ..... j 

... I 11 case of two transfers of the same Property, who to) 
be the Owner...J 






















XX 


CONTENTS. 


SMUGGLING continued. page 

f 405 409 

Molesting and resisting Officers.j 439 

Penalties for Persons found on board Vessels liable to forfeiture j ^ 423 

... Unshipping Spirits and Tobacco—£100. 407 

... Procuring Persons to assemble—£100. 428 

... Seafaring Men, how to be dealt with.416, 428 

Spirits.—Quantity allowed for Vessels coming from places! 

between Brest and Cape Finisterre, the Helder, > 399 

and other places ..J 

... Found floating may not be picked up but by Officers. 413 

Seizures may be restored—or how to be disposed of. j 

Signals, making them—Penalty £100.409, 424 

Flags resembling those of the Navy not to be used. 401 

Rewards for Seizures.411,507 

Felonies—what offences deemed to be. 410 

Claims for Seizures—and notice of intended Claim to be given 1 418, 419 
within one month from the seizure.) 430 

Onus probandi to lay on the Claimer. 421 

Condemnation—what deemed to be. 430 

Bribes. ... 430, 434 

Treasury Order, Proof of... 424 

Carts, &c.—Officers may stop them. 429 

Tea and Silk Manufactures.—Persons carrying them may bel 

stopped.J 4 ~° 

( 414,425 

Jurisdiction and Legal Proceedings./ 427,429 

t 430 

Married Women may be committed to prison. 430* 


CHAPTER IV. 

MANAGEMENT OF THE CUSTOMS. 

Board of Customs.—How constituted—and Orders signed by\ .... 

two or more Commissioners deemed valid. j 4J1 > 

Officers of Customs.—Who deemed to be, and how appointed .. 432, 435 

... May seize Goods, Ships, Vessels, and Boats. 434 

Also Letters ... / 338,342 

..I 347 

... Collectors clearing Vessels until Post-office Regula-l Q0Q „ ... 

tions are complied with—Penalty £200. j J4J 

... Not to be compelled to serve Parochial Offices. 435 



























CONTENTS. 


xxi 


PAGE 


MANAGEMENT continued. 

Officers of Customs.—Not to take Fees—Exceptions. j ^ 433 ^ 

... Bribes; offering them to Officers—Penalty £500 .... 434 

... Oaths of Office. 432,436 

... In certain cases abolished, and Declaration sub-1 Al3c 

stituted.J 4d6 ’ 4c57 

... Exception for those relating to the Excise. 437 

434 


. Surveyor General, &c. may examine Persons on 
Oath. 


Hours of Attendance for Business. 433 

Holidays. 433, 440 

Debentures for Drawback and Bounty Goods—who to pay. 433 

... Stamps on ditto.•. 439 

Bonds—Stamps on—And Penalty on Agents including in the 1 

same Bond Goods belonging to more Persons > 440 

than one. J 


Ireland.—Jurisdiction for Offences against Customs’ Laws .... 435 


. . . Appeal.... 434 

Orders of the Treasury—What deemed to be. 434 

Forgery—Punishment of. 433 


CHAPTER Y. 

GENERAL REGULATION OF THE CUSTOMS. 


Inwards. 


Goons not to be landed or Bulk broken before Report of the 1 
Skip and Entry of the Goods , on pain of forfeiture./ 

Exceptions. 

... Reported “ Contents Unknown”. 

... Found concealed , forfeited. 

... May be landed by Officers, if not entered in a given time. 

... Undervalued. 

... Times and Places for landing. 

... Certain Goods may be stamped to denote payment of") 
Duty.J 

... Forging Stamps—Penalty £200. 

Manifest.—A ll British Ships—and Foreign Ships with ToA 
bacco —to have a Manifest, on pain of forfeiting > 

£1100 .I 


441,404 

442 

443 

445 

446 

447 
456 

495 

495 

442, 443 


... How to be authenticated; and other Regulations .. 442 


Report. —Master to make a due Report within 24 hours ofl 
certain particulars, on pain of forfeiting £100 ....) 

... And to deliver his Manifest, Bills of Lading, &c.l 
under Penalty of £100.J 


443 

443 


























xxiv 


CONTENTS. 


GENERAL REGULATION continued. page 

... Before Goods be laden, &c. Notice to be given—and) 
Particulars in that Notice.J 

... Certain Goods exempt from Regulations. 474,775 


.. . Bond required for Prohibited and Duty Goods (other 1 
than ad valorem duty) removed Coastwise.j 

... Master to keep a Cargo Book, under Penalty of £'50 . 

. .. If Package entered as containing Foreign Goods does'! 
not contain such Goods—and if any Package con-1 
tains Foreign Goods, not entered as such—the j 
Goods forfeited.J 


... Accounts of Foreign Goods, &c. to be delivered to 
the Collector—if false, Penalty £50.. 

... General Transires... 


... Officers may go on board and examine any Coasting! 
Vessel.j 

... Times and Places for Landing and Shipping. 

... Goods Prohibited, or restrained by Proclamation,) 
carried Coastwise, forfeited./ 

. .. Spirits... .Ditto. 


476 

476 

477 
477 
477 
477 


. . Construction in General. 478 

.. Malta deemed in Europe. 478 

.. Weights, Measures, &c. to be Imperial Weights. 479 

.. Bonds—Collectors to take them. 479 

.. Spirits—Mode of ascertaining the Strength. 479 

. . Coal Meters—The Commissioners to appoint. 477 

... Fitter’s Certificates. 479 

.. Officers of Customs may take Samples .. 479 

.. Time of Importation and Exportation defined. 480 

.. Return of Duty overpaid not to be made after three 1 

years .f 4. 


.. Counterfeiting or falsifying Documents—Penalty £200 480 


.. Seizures—and Restoration of them—Remission of! 

Forfeitures, &c.j 481 

.. Ships not bringing to at Stations—Master to forfeit! . 01 „„„ 
£100—Officers may be boarded on them.j 482 


. . Rent in the King’s Warehouse.. 482,485 

. . Goods in the King’s Warehouse, not cleared in three) 

months, may be sold. ) 482 

.. But liable to Freight. .. 432 


.. Legal Quays and Sufferance Wharfs —Who to 1 

appoint.} 482,498 

.. Ships carrying Letters may carry Goods in certain cases 344,483 

. . Agents.—Regulations respecting, and the Duties they! 467 481 
may perform...../483, 440 

.. Apprentices Indentures to be enrolled with Collector.. 483 































CONTENTS. 


XXV 


GENERAL REGULATION continued. page 

... Certain Acts not repealed. 485 

... Tea may not be sent to Ireland without the duty) ^gg 
being paid.J 

... Coffee and Cocoa not subject to Permits. 493 


... Silk Manufactures.—Restrictions on Importation, and) ^g^ 
as to Licences.j ’ 

. .. Sail Cloth.—Stamping name of the Manufacturer re-) ^gr 


pealed.j 

. Counterfeit Coin, importing—the Penalty. 496 

. Natives of Africa—Master to make a Report of and) ^gg 
give Bond for taking them back.J 

. Tobacco.—Additional Ports may be appointed. 497* 


CHAPTER VI. 

DUTIES OF CUSTOMS. 

To be under the Management of the Commissioners of the) ^gg 
Customs. j ‘ ’ 


* ■ 


Inwards. 


TABLE of DUTIES, and how Goods are to be charged with 
duty. 

Not payable for Goods Warehoused. 

Overcharged, not to be repaid after three years. 

... What deemed to be a demand. 


Reciprocal,— His Majesty empowered to raise higher Duties 
on Foreign Ships and Goods in certain cases—and 
to authorize the Importation and Exportation of 
Goods in Foreign Ships, on the like terms as in 
British Ships.. 


Orders in Council admitting certain Vessels on the same) 
terms as British Ships.j 

Treaties and Conventions with Foreign Powers reg 
Duties, &c. 


egulating j 


As these will be found , with the exception of Frankfort, 
which is the last — Alphabetical , they are not enumerated 
here. 


Goods undervalued, how to be dealt with. 

... Certain Goods, the produce of particular places, to be 
imported from such places. 

. .. How certain Goods imported into the British Possessions 
in North America are to be deemed, on importation 
into other British Possessions—or into the United 
Kingdom. 

. . . From the Cape of Good Hope and Mauritius, how to 
be. deemed. 


447, 559 

499 

505 

494 

498 

512 

513 

517 

522 


447 

503 

508 

499, 559 


c 

























XXVI 


CONTENTS. 


DUTIES continued. page 

Goods from Guernsey, &c. not to pay duty. 452 

. .. East India Goods from Malta and Gibraltar . 499 

... Aliens’ Goods.—Regulations respecting. 502, 503 

... Undervalued, how to be dealt with. 447 


.. . Goods in American Ships to pay like Duties as Goods 1 

in British Ships, and the difference to be paid out \ 514, 516 
of the Consolidated Fund.I 


... May be sold free of Auction duty. 

Cambrics and other Linen not rated, to pay duty according to 
the number of threads. 

Coal Vessels carrying more Coals than allowed, forfeited. 

Coals, Screened, what deemed to be, and Metage of. 

Honduras Mahogany, how to be charged. 

Spirits, though mixed with other ingredients, to pay duty as 
Spirits ..... 

... Rum sweetened—how to be charged .. 

Tonnage Duties, see page 135, and Duties Reciprocal. 

Countervailing Duties. 


514 

504 

501 

503 
506 

505 

504 

599 


Outwards. 


TABLE of DUTIES. 598 

Exceptions. 505, 598 


The duty of 10«. per cent, not to be charged on Goods s 
to any other Export duty. 



504 


Drawbacks not allowed after 4 August, 1832, on Goods ex-'j 

ported; except Rice, Tobacco, Wine, and Silk! 468,498 
Manufactures; and to be claimed within certain | 507, 511 
times. J 


... TABLE of. 


626 


... To be under the Management of the Commissioners 
of the Customs. 

... Goods unshipped, forfeited .. 

See Goods Outwards in Regulation Act. 


} 479,498 
. 407 


CHAPTER VII. 


WAREHOUSING. 

Ports and Warehouses,— Who to appoint, with power ofl 

revocation.J 601, 602 

... Warehouses of Special Security, what deemed to be 601 

List of Ports approved for Warehousing Goods. 615 

TABLES of GOODS allowed to be Warehoused. 617 

TABLE of GOODS which may not be Warehoused . 459 ^ 611 



























CONTENTS. 


XXVII 


PAGE 




Bond. —In what cases required, and by whom to be given ... 


WAREHOUSING continued. 

602, 605 
606,608 
609,611 

... How discharged. 605,620 

Entry of Goods to be made, and an account taken on the| 
landing. 

... Goods not to be delivered from the Warehouse with-1 
out Entry. .. 

... Goods sold, although not delivered from the Ware¬ 
house, the Sale to be valid if an Agreement is 
signed and entered in the Officer’s Book 


7 


603 


603 


602 


Goods —How to be carried to the Warehouse, and how stowed) 
—if concealed or removed—forfeited.J 


602 


.. Accident in landing or shipping. 603 

.. What to be deemed a virtual Warehousing. 604, 606 

.. Duties to be paid on original quantities. 604 

.. May be sorted and repacked. 606 

.. After repacking, the refuse and damaged to be 
destroyed. 

.. Increase and Decrease how to be ascertained. 


607 

608 


.. What Goods may be abandoned. j 

.. To be cleared in three years— Ships Stores in one) 

year—or to be Sold and then removed within three > 603 

months, or forfeited.j 

.. In. Bulk, how to be delivered. 608 

. . Demand deemed Delivery. 489 

. . Removed to another Port. ...... 604, 605 


In the same Port. 


606 


.. Rewarehoused, held as first Warehoused, and sub-) 

ject to original conditions.j ’ 

. . Reweighing, dispensed in certain cases.619, 620 

. . Embezzled or wasted by the Officers. 609 

.. “Piece-Goods”—S ilks—Linen—Rice, &c. may be) rns rl9 
taken out to be cleaned.j 1 5 

.. Copper Ore may be taken out to be smelted. 610 

.. Tea may not be sent to Ireland till duty paid. 612 

.. Tobacco Warehouses, who to provide Rent. 602, 619 

... Examination of on landing. 603 

... May be abandoned.,.607 

... To be charged duty on delivery Weight .... 610 

... Quantity to Guernsey, &c. and may be) „ 

exported without Licence.J “ b U 

... For the use of the Royal Navy.. 604 

. .. Wine and Spirits may be Bottled and Mixed—and) ggg gj Q 
Samples taken—on notice being given...... / ’ 

... Foreign Casks, Corks, &c. not to be used ..... 607 

































xxviii 


CONTENTS. 


GOODS continued. 



page 

*** For the Orders for Racking, Fortifying,! gj^ g20 


&c. see. . 

Natural Waste. —Allowance in Warehouses! 
of Special Security. $ 

On Spirits for Horae Consumption. 613 

Exception. 613 

In Warehouses not of Special Security.— 

... On Spirits for Home Consumption. 613 

Exception. 613 

... Exportation. 608 

... On Wine, Coffee, Cocoa Nuts, and Pepper 608 
... On Sugar .. 614 


Outwards. 


Ship to be 70 Tons. 

Goods to be entered and removed under the care 
of Officers—or forfeited.. 

Bond to be given for due Exportation—if Goods 
unshipped, forfeited. 

Stores. —Rum and Stores, how to be shipped. 603, 604 

.. . List of Foreign Goods allowed to bel g.^ 
shipped as Stores for certain Voyages J 

. .. Bond not required for Stores ... 619 

Isle of Man, Restrictions as to. 609, 610 

Freight. —Goods Warehoused liable for Freight . 609 


609 

609 

469 


CHAPTER VIII. 

BOUNTIES AND ALLOWANCES. 

To be under the Direction of the Commissioners of Customs. .. 479 


Goods entitled to Bounty... 621,624 

TABLE of BOUNTIES, &c. 626 

... Bond to be given for due Exportation of the Goods. 621 

... If Goods unshipped or relanded, forfeited. 407 

... Sugar Candy, how to be packed. 621 

.. . Sugar for Crashing—Regulations respecting. 

... In what cases forfeited. 622 

... Committee of Sugar Refiners to provide Sample ) 

Loaves,—and what to be deemed a proper > 623 

Sample Loaf.| 



























CONTENTS. 


xxix 


BONNTIES continued. 


VwwswUtoa PAGE 


... Equal to double refined, to have the bounty of, 
double refined. j 

... Not equal to the standard—forfeited. 

Drawbacks. —On Barilla used in Blacking. 

... Plate. 

... Rice. 

... Silk Manufactures... 

... Timber used in Mines.j 

... Tobacco Manufactured. 

.. . Wine. 

Goods brought for Shipment, which shall not agree with the ] 
endorsement, forfeited. J 


624 

624 

623 
627 
627 
626 

622, 623 

624 

627 

627 

464 


CHAPTER IX. 

BRITISH POSSESSIONS ABROAD. 

SHIPS and VESSELS.—In what Ships TRADE to be car-1 oqq 
ried on, &c. ».) * 

... Foreign Ships trading between British Possessions'! 630, 653 
and other Places.J 654 

Orders in Council. 659 

... Vessels trading on the Lakes as British . 640 

. .. Not to Sail from Jamaica to St. Domingo, or froml g.. 
St. Domingo to Jamaica .J 

... Running Goods liable to Forfeiture. 644 

... Liable to Forfeiture ; Persons found on board liable 1 fie . n 

to a Penalty of £100./ 

... Small Vessels importing Prohibited Goods forfeited .. 653 

... All British Vessels to be subject to equal Duties"! _ 
in the Colonies.J 

Importation and Exportation confined to Free Ports . 629 

_ f 629,651 

Free Ports .f 657* 668 

Free Warehousing Ports .| ggg 

Liverpool and Yarmouth in Nova Scotia , by Order in 
Council, 12 October , 1832. 

TABLE of PROHIBITIONS and RESTRICTIONS.j 63 g^ 51 

TABLE of DUTIES Inwards. 632 

„ .. f 632,656 

Exemptions .. 657 

... At the Cape of Good Hope . 667 

. . . Temporary Additional . 634 





























XXX 


CONTENTS. 


BRITISH TOSSESSIONS continued. 

Trade of the Cape of Good Hope. 

Orders in Council . 

... Mauritius. 

. .. Guernsey, Jersey, Alderney, and Sark 

.. . East India Trade. 


l'AOE 

647, 652 

665, 666 

643, 651 

390, 648 
649, 650 
651,655 
656 

647,652 





£8d 


Inwards. 

Goods.—Entry and Clearance ok.—P articulars required . j *^ 39 ° " 

... Goods landed without, forfeited. 630 

... Landed by Bill of Sight .. 637 

... Not entered in 20 days, to be sold, &c. 638 

. .. Imported from United Kingdom or liritisk Possession 639, 652 

.. . Subject to Duty ad valorem. Declaration required .. 638 

... Brought overland ; or by Inland Navigation . .. 640 

... Masts, Timber, &c. brought inland into Canada ( 651, 652 
and other Possessions.{ 655 

. . . Goods not the Produce of the Mauritius, coming] 

from thence, deemed as of the Mauritius for > 651 

duty ..j 

... East India Goods—Importation of ... 651 

... Corn, &c. certain duties repealed . 656 

. . . Warehoused.— 

... Warehouses to be appointed by the Governor 641 

... Regulations respecting. 641 

... Wheat may be delivered to be ground. 655 

... Certificates for Sugar. Coffee, Cocoa Nuts.l rori r 
Spirits, or Mahogany.’} 639,G4( 

*** Coffee, &c. though British, deemed Foreign 1 ™ 

in certain cases.j VK1 

... For East India Sugar. 648 

... For Cape Wine. 648 

... For Goods of Guernsey, &c. 648 


Outwards. 

Goods.—Entry to be made and Particulars required in 


the same.‘.J 

Shipped without forfeited. 630 

... Coals may be exported to Foreign Places_ 650, 657 

.. . Duties, ad valorem . 638 

Regulations respecting.j ^35,^640 

Re P*d of. 656, 657 


























CONTENTS. 


XXXI 


BRITISH POSSESSIONS continued. page 

Orders in Councii., Declaring what Foreign Ships to have) Q 
the benefit of Trading to British Colonies.J 

Canada.— 

... Beef and Pork may be warehoused only fori . 
Exportation to Newfoundland .J 0 

. . . Goods arriving at the frontier may be passed 1 
on to a Warehousng Port. J 

... Warehoused Goods removed to another Port 653 

Drawback on Rum and Spirits from Newfoundland . 635 

... Judicial Proceedings .. ... j ^658*^ 

... Counterfeiting Documents. 658 


CHAPTER X. 


TRADE OF THE ISLE OF MAN. 


... To be carried on only in British Ships ;—and Crews all \ 

British .J d9U 

Goods to be imported and exported by Licence, under certain) 609, 676 


Regulations . j 681 

... Licences to be granted by the Commissioners of the) 
Customs upon security being given.J 

... Counterfeiting them, Penalty £500. 678 

. . . Licensed Goods may not be Re-exported. 678 

. .. British Goods, to appear on the Cockets. 676 


... LIST OF GOODS Prohibited to be Imported ... 679, 681 


. .. Foreign Goods may not be Exported . 678 

... Imported or Exported contrary to Law, forfeited. 678 

. . . Limiting the quantity of Spirits, Tea, and Tobacco for) 

Seamen. J 

... Certificate required for Goods the Produce of. 681 

DUTIES payable on Importation, and Exceptions . 675, 682 

... To be under the management of the Commis-1 
sioners of the Customs .J 

RENT, in the King’s Warehouse .. 680 

CARDS not to be Imported or Exported, hut under certain) 
Regulations.J 

SPIRITS, Distillation of Low Wines and Spirits Prohibited ... 680 

. . . RUM to be charged Duty according to the Strength 683 























XXX11 


CONTENTS. 


CHAPTER XI. 

CORN LAWS. 

PAGE 

Foreign Corn may be imported on payment of the Duties ini ggg ggg 
the Schedule .J- 1 

Fide Treasury Letter . 690 

. .. But Malt and Corn ground may not be imported into) ggg 
Great Britain or Ireland for use. J 


. .. Regulations on shipping Corn from any British Pos¬ 
session out of Europe . 


} 

... On Corn entered for Home Consumption... 

Penalty | 


... If the Regulations are violated—■! 
£100. and forfeiture of the Corn 


.. . Monthly Accounts to be published in the Gazette by thel 
Commissioners of the Customs. J 


... Average Prices to be made up every Week. 

. . . Peas for Seed may be admitted to duty , though prohibited 
by the average price. 

... If any Foreign State subjects British Ships, &c. to 
higher duties than Ships of other States, his Ma¬ 
jesty may prohibit the Importation of Corn from 
such State. 


685 

685 

685 

686 
687 
500 

686 


. .. Prohibited Goods may not be imported from Guernsey, j 

&c. though manufactured there, if the materials be > [689 


Foreign. This will extend to Flour, 8fc .) 

Corn may be Warehoused under the Warehousing Acts. 689 

*** For approved Warehouses, see . 615 

Corn bonded to Guernsey and Jersey, see . 619 


CHAPTER XII. 


THE COAL TRADE. 

Accounts therein. 691 

Regulations for loading Vessels at NEWCASTLE. 697 

... Table of NEWCASTLE Measure . 709 

. .. List of the Collieries. 708 

Keel Dues ... 708, 709 

, ... Coal Fitters Certificates and False Cer-1 479, 728 

tificates.J 729 

ACT for the Vend of Coals in LONDON. 717 

Coal Market to be an Open Market. 718 

... Regulations thereof. 718 

• • • Coals to be Sold by Weight. 720, 724 

... Sellers’ Tickets and Regulations. 721 

... Coals to be delivered in Sacks, but maybe) 

delivered in Bulk.. f 722 




























CONTENTS. 


xxxiii 


COAL TRADE continued. 


PAGE 


... Caiman to Weigh Coals and carry a] 
Weighing Machine, and Penalty for > 
driving away without Weighing. J 

.. . Sale of one kind of Coals for another—1 
Penalty.j 

A TABLE of the Relative Weights of Chaldrons of) 
Coals brought into Tons.J 

A TABLE showing the amount of any quantity of Coals from 1 
1 Ton to 300 Tons—and from 12s. to[23s. per Ton/ 

A TABLE showing the amount of any quantity of Coals from) 
J of a Chaldron to 300 Chaldrons—and from 13s. ( 
to 25s. per Chaldron, allowing 21 Chaldrons to the j 
Score. J 


7 22 

720 

733 

734 

712 


Quantity of Coals brought into London from 1825 to 1832.... 

Meters. —To be appointed by the Commissioners of the Customs 

... Customs’ Officers not to Cancel Bonds before Duties) 
are paid.j 

... Coal Ships carrying more Coals than allowed—for-) 
feited.J 


710 

477 

726 

501 


Duties on Coals Imported 


565 


Inland Coal and City Dues. 

Exportation of Coals— Regulations relating thereto 


r 718,725 
\ 7 26 

. 476, 479 


... Bond to be given for Coals to the Isle of) 

Man and the British Possessions. J ’ 

... Coals exported to a British Possession may bei 

re-exported in a British Ship to any Foreign > 657 

State, on payment of Duty. > 

... Duties on Coals Outwards. 598 

Impress. —Who not liable to on board Coal Vessels.47, 710 

Judicial Proceedings . 730 


CHAPTER XIII. 


THE EAST INDIA TRADE. 


The Original Trading Limits of the East India Company .. 749 

... The Cape of Good Hope, deemed within those) 499. 647 
Limits.....J 761 

In what Shipping Trade to be carried on, and how Navigated. j 

The Right of Trading to all Ports and Places within the) 

Limits of the East India Company,—except the l 752 755 
Dominions of the Emperor of China,—open to all j ’ J 
of his Majesty’s Subjects. J 


... The Exclusive Trade to China and in Tea to be 
in the East India Company—But Persons may 

Trade thither, and in Tea by Licence. 

. . . Act not to Permit Trade without the Company’s 
Limits. 

.. . Trading illegally within the Limits. 


1 648,752 
j 756 

j- 756 

/ 750. 751 
t 756 























XXXIV 


CONTENTS. 


EAST INDIA TRADE continued. 

. *, J 750,753 

Restrictions and Provisions as to the Resort and Residence oil 757 

Persons in India......J 759 

Ships not to proceed to any Port or Place between the Indus 1 

and Malacca until admitted at one of the Principal > 757 

Settlements. J 

... Additional Settlements. 757 


... List of Persons and Arms on board to be delivered 
to Collector. 

. . . Vessels in Amity may Import and Export Goods 
from the British Possessions in India. 

... Trading Eastward of the Cape of Good Hope, how to 
be Navigated. 


758, 759 
751 
392 


... Registered in India 


759 


... What deemed duly navigated. 760, 763 

.. . When a sufficient number of Seamen cannot be had. . 760 


Duties imposed in India not Valid till sanctioned by the) 
Court of Directors./ 

... To be paid on Importation of Goods in America 1 
and the West Indies./ 

Goods to be Imported only into Ports having Docks and) 
Warehouses./ 

.. . Imported into Malta and Gibraltar may be re-1 

exported.} 

... Certificates required on Importation of Cape Wine) 
and East India Sugar.J 

... Sending them to Europe through Suez, Prohibited... 

Lascars and Natives of India.—L ist of to be made out and) 
delivered before Ships are admitted to Entry.J 

. . . Convicted of Vagrancy. 

. .. The East India Company to supply them with! 
Necessaries—send them back—and may Re-( 
cover against the Commander or Owner of j 
the Ship.•.j 

... Not deemed to be British Seamen. 


753 

758 

757 

758 

648 

750 

761 

762 

762 

760 


Governor in India to make Rules respecting) 

Lascars. 761 


Cape op Good Hope deemed within the Limits of the East! 499, 647 


India Company .j 764 

... Orders in Council Regulating the Trade of. 666 


Mauritius deemed one of his Majesty’s Sugar Colonies in the 
West Indies. 


449 


CHAPTER XIV. 

BRITISH FISHERIES. 

FISH.— Fresh Fish, British taken, and imported in British\ 

Ships—Turbots and Lobsters fresh (however [ AA0 
taken or imported) may be landed without Report, j 
Entry, W arrant, or Duty. J 
























CONTENTS. 


XXXV 


BRITISH FISHERIES continued. 

... Cured Fisli may be admitted free of duty on Decla-1 
ration of being taken and cured by British Subjects] 

... Foreign, taking or curing prohibited to be Imported) 
in Foreign Ships—Exceptions.•. J 

. .. Dried or Salted (except Stock-fish) may not be) 
W arehoused.J 

The Lords of the Treasury may permit the produce of Colonial) 
Fisheries to be Imported from Guernsey, &c.j 

*** See British Possessions, p. 631. 


Duties on . . 

Impress —Persons free from. 

... Remedy for Protected Persons, if Impressed ... 
Seamen, refusing to fulfil Engagements—Penalty £5.. . 

Apprentices —Hiring or Enticing them—Penalty. 

.. . Actions to be commenced in Three Months 


. .. Application of Penalties—and Appeal. 

VESSELS and BOATS used in Fishing on the Coasts of 1 
the United Kingdom, to be Painted entirely Black . > 
except the name—under Penalty of Forfeiture ... J 

. . . Crews to be all British ... 

... Vessels used on the Coast of Ireland, solely for) 
Fishing, need not be Licensed. j 

COD FISHERY. — Vessels in the Deep Sea Fishery may) 
take Cod, Ling, &c.. ..J 

... Commissioners of the British Herring Fishery to) 
make Regulations in respect to the Exportation > 
of such Fish.J 

IRISH WHITE HERRING FISHERY.— 

Trammel Nets not to be used on the Irish Coasts unless) 
Licensed by the Commissioners of the Irish Fish-1 
eries, under Penalty of Forfeiture of the Netsj 
and £10.... 1. ' 


Promissory Notes, not exceeding £10., for Loans to poor) 
Fishermen, recoverable at Petty Sessions—And > 
Personal Service in certain cases not required . .. J 


SOUTHERN WHALE FISHERY— 


Whale Boats not liable to Seizure on account of their 
build, &c. 

Foreigners who have served in the Southern Whale Fishery, 
deemed British Seamen in such Voyages. 

Regulations respecting Certificates, &c. for Blubber, Train 
Oil, &c.. 


NEWFOUNDLAND FISHERY— 

Right of Fishing, in whom—and the Privilege of British 
Subjects to Cut Wood, &c. 

... Residents not to sell their Boats, &c. to Foreigners, 
on forfeiture of treble the value. 

,., No Purchases to be made of Foreigners—Except Pro¬ 
visions . . t .... 


PAG E 

453 

457 

459 

453 

568 

48,765 
771 

766 

767 
767 
767 

767 

429 

390 

428 

768 

768 


790 

791 

793 

793 

454 


797,798 

795 

795 






















xkkVf CONTENTS. 

BRITISH FISHERIES continued. page 

... H. M. Ships may stop and examine suspected Vessels 795 

Vessel having Certificates of Clearance, exempt from makingl 

Entry at any Custom House at Newfoundland l 636 
during the fishing season—and in what case for-1 798 
feited. ' 

Ballast, Penalty on throwing out in Harbours £50 . 799 

Annoyances to the Fishery, and Stealing Bait. 799 

Masters to obey Instructions of the Governor for carrying into! ?qq 
force the Act relating to Treaties.J 

Wages. —Agreements for. 799 

. . . Oil and Fish liable for. 800 

... Only a portion to be advanced... 799 

... Agreements to be produced. 800 

Seamen to be discharged only for neglect of duty. 799 

... Deserting. 800 

Recovery of Penalties. 801 

This Act to expire 31 Dec. 1834... 801 


BRITISH WHITE HERRING FISHERY — 

Commissioners and Officers for superintending the Fishery,! ^g --g 
appointment of; and to be sworn to the faithful > 77Q ’ 7Q 
discharge of their duty.J ’ 7 

... May make and alter Rules—Forms of Documents,! 77i , 7Q7 
&c.} //b} 707 

... To make Annual Reports. 770,779 

... May remit Penalties. 786 

Superintendent of Loch and Coast Fishery, appointment of,l - Qn 
and duties of his office.-..| 771, 780 

... Obstructing him—Penalty £100.. 780 

Destroying small fish—Penalty £40 . 771 

Vessels fitted out for the Fishery, notice to be given of certain") 770 7{J1 
particulars.J 77^,781 

.. . And if any Salt, Nets, &c. are shipped without 1101106,1 77<? 

or removed before Certificate given, forfeited—but > ‘ nJy 
Coast Sufferance not required.J ' 

... What Vessels shall be deemed to be fitted out for thel 7ft9 7ftfi 
British Herring Fishery—Boats excepted.j 7yf> 

... Manner of fishing in the Deep Sea Herring Fishery.. 769 

... Crews of Deep Sea Busses may fish for Cod, Ling, &c. 779 

... Arriving with Herrings cured with Salt carried out ini 77 „ 

a different Vessel.j 7 ** 

... Officers may go on board at all times, and attend the! 77 . 

landing of Herrings . J 77 1 , 77b 

. .. Sufferance not required for landing Stores. 775 

. .. Boats to have Vessel’s names painted on them. 776 

(771, 772 

. \ 7 82, 783 

. 775 


Herrings, Regulations for Curing 
... Not properly cured. 






























CONTENTS. x^|i 

BRITISH FISHERIES continued . 

,.. Cured in bulk. 784 

Otherwise than in bulk. 772 

.. How to be packed. 784 

.. Transhipment of. 782 

.. Herrings landed contrary to Regulations—forfeited... 772, 773 

,. Cured on Shore—Regulations. 774, 783 

.. Repacked, going Coastwise for Exportation.. .. 774 

.. Shipped withoxit notice or the presence of an Officer,) 77A 77r 
&c. forfeited.| 774,//o 

.. Refuse of Red Herrings. 784 

Measure by which Fresh Herrings to be sold.. 781,787 

r 772, 774 

Barrels—Regulations respecting size of for Exportation—Howl 775, 776 

to be made—Contents—Branding, &c.1 777, 781 

l 785, 789; 

Salt.—Account to be kept of the quantity used. 772,782 

... In Store, Regulations for using. 774 

Nets.—Set or hauled on Sunday, forfeited. 780 

it , ' , , f 771,780 

... Unlawful ones...< ^g 9 

Affirmation to be made in certain cases. 773, 789 

... False Oaths deemed Perjury. 777 

Documents, Falsifying. 777 

Officers may enter Warehouses at all times to Examine 1 

Herrings—Resisting them, Penalty.j / ’ 

... Receiving Fees.1. 778 

... Not Liable to Suits. 778 

Disputes, modes of Settling. 785 

Recovery of Penalties.j ^787^ 

Jurisdiction of Sheriffs of Scotland. 778 

Justices, Provisions relating to. 778 


CHAPTER XV. 

CONSULAR FEES. 

... Salaries to Consuls in lieu of Fees and former Salaries .... 803 

... Fees allowed as per Schedule. 804 

.,. Penalty on demanding more Fees than allowed—or spe-1 gQ^ 
cified in any Order in Council.J 

... Table of Fees to be exhibited at Custom Houses andl 

at Consuls’ Offices under a Penalty.J ’ 

... Oaths may be administered by Consuls. 805 

... To have Credit for money disbursed for Shipwrecked andl gQg 
Distressed Persons.. ,a./ 
































xxxviii 


CONTENTS. 


PART THE THIRD. 

CHAPTER I. 

FREIGHT, CHARTER PARTY, AND DEMURRAGE. 

Freight.— page 

... Definition of. 807 

... When due. 808, 809, 

... Cargo answerable for... 808 

.. . For the Voyage out and home .... .. 809, 810 

.. . For Passengers. 810 

. . . For Cattle. 810 

... For Wine which has leaked out. 811 

.. . For Spice and Jewels. 818 

. .. RATES for the Conveyance of. 819 

Charter Party.—P roclamation respecting. 818 

... The Nature of it. 807 

... Of the performance of it. 811 

... By the Master or Owner. 812 

. .. How an Embargo will end it. 813 

... Forms of.. .'.. .817,1054 

... Decided Cases. 817 

Demurrage... 817 


CHAPTER II. 

MARINE ASSURANCE. 

The Policy . 822 

... What Persons may be assurers. 823 

. .. Goods may be assured. 824 

... Requisites of. 826 

... The time when the Risk commences. 828 

... The Risks against which the Underwriter Assures. 829 

.. . The Premium. 829 

... The Stamps. . . 830, 915 

Construction of the Policy. 832 

... Legal Decision. 916 































CONTENTS. 


xxxix 


MARINE ASSURANCE continued. 

Perils of the Sea. 

... Legal Decision... 

Capture and Detention by Princes or Foreign Powers. 

.. Legal Decision... 

Barratry of the Master or Mariners... 

Partial Loss and Adjustment. 

General Average. 

... Examples of. 

Salvage. 

. .. Order in Council, relative to Compensation for Sal-' 
. vage, (1813.). 

... Legal Decision... 

Abandonment ... 

Fraud in Policies. 

Sea-Worthiness... 

Illegal Voyages . 

Prohibited Goods. 

Wager Policies... 

Re-assurance and Double Assurance. 

Changing the Ship. 

Deviation... 

Non-Compliance with Warranties. 

Return of Premium. 

Bottomry and Respondentia.•... 

. o. Legal Decision... 

Forms of Policies. 

... Respondentia Bond... 


PAGE 

841 

918 

843 

918 
845 
850 
854 
857 

257, 863 
866 

919 
873 
881 
888 

889 

890 

891 
893 
895 
895 
900 
904 
908 

920 
911 
914 


... Protest in case of Damage or Damage or Loss at) 
Sea.j 


915 





























xl 


CONTENTS. 


PART THE FOURTH. 

CHAPTER I. 

BILLS OF EXCHANGE AND STAMP DUTIES. 

Bills of Exchange. —Explanation of. 

... Of the Acceptance. 

... Presentment of. • • • 

... Endorsements... 

... Protest. 

... Notice of Dishonour. 

.... Remedies for... 

.. . Promissory Notes. 

... Duties and Exemptions. j 

... Becoming due on Good Friday or Christmas | 

.. . On Fast and Thanksgiving Days .... 

... Bankers, Regulations for. 

Stamp Duties. 


CHAPTER II. 


FACTORS AND FACTORAGE. 


Definition of, &c. .... 

Factors having Goods in their possession shall be deemed the 
true Owners. 

Persons in possession of Bills of Lading to be the Owner so 
far as to make valid Contracts . 


No person to acquire a Security upon Goods in the hands of] 
an Agent for an antecedent Debt, beyond the > 
amount of the Agent’s interest in the Goods.... J 

Persons may contract with Agents if within the Agenl’sl 
authority.j 

Persons may accept and take Goods in pledge from known 1 
Agents.j 

Right of the true Owner to follow his Goods in the hands of) 
his Agent or of his Assignee. j 

Agents fraudulently pledging the Goods of their Principals.. 

... Not to extend to cases in which the Agent has] 
not made the Goods a securily for any sum> 
beyond the extent of his own lien. J 

.. . Not to extend to Partners not being privy to thel 
offence.J 

... Not to lessen any remedy at Law or Equity. 


PAGE 

923 

925 

926 

927 

928 

930 

931 

933, 937 

933, 934 
937, 939 

935 

935 

936 
938 


945 

949 

950 

950 

950 

951 

951 

951 

952 

952 

952 























CONTENTS. 


FACTORS AND FACTORAGE continued. 


Commercial Agents, 
Supercargoes, 

Ships’ Husbands, 
Custom House Agents, 


' definition of 


its 


PAGE 

952 


CHAPTER III. 

MONIES, WEIGHTS, MEASURES, AND EXCHANGES. 

Weights and Measures in General . 955 

... of France . 957 

... Metrical or Decimal System. 956 

... Comparison of French and English'! 

Weights and Measures./ 0 

... English Weights and Measures. 959 

Tables of English Weights and Measures compared with) 

those of France. .j y 

New or Imperial System. 965 

Weights and Measures of Scotland .. 969 

... Ireland. 970 

English Standard of Gold and Silver. 974 

Exchanges, Monies, &c. 

Note. As the Places of which the Exchanges are given are in 
alphabetical order, an enumeration here is unnecessary. 

Miscellaneous— 


A Table showing the Tonnage of Old Staves. 1039 

Cordage Tables . 1040 

The Weights of Bolts of Sail Canvas . 1043 


Proportions of one species of Provisions to another, as 
allowed by Government. 


CHAPTER IV. 

ADMIRALTY. 

Constitution of, and Authority... 1045 

Offences cognizable therein. 1047 

Session of Oyer and Terminer to be held twice a year. 1047 


CHAPTER V. 

MEDITERRANEAN PASSES. 


Proclamation respecting.»... 1049 

Table of Fees. 1051 


For what relates to Mediteranean Passes for inhabitants of) qo r 

Malta and Gibraltar./ )f ° 



























xlii 


CONTENTS. 


CHAPTER VI. 

TRANSPORT SERVICE. 

PAGE 

Form of a Tender. 1053 

_ , „ . .816,1054 

Charter Party. 

1056 

Instructions respecting. 

Affidavit in case of Capture. 1059 

Observations on the Accommodation of Transports. 1061 

Provision Table..... 1043 ’ 1065 

List of Stores that may be Shipped from Bonded Warehousesl 614? j 130 
for the use of the Crew.1 

Rum and Wine for Officers.—The Drawback allowed onl 1066 
them on application to the Lords of the Treasury j 


CHAPTER VII. 

SLAVE TRADE. 

The dealing in or Shipping on Exportation of Slaves un-1 1071 

lawful—Penalty £100.j ’ 

Ships fitted out for Slave Ships—Forfeited. . 1069 r 1071 

„ f 1069,1071 

Embarking Capital in ditto—Penalty.j jo82 

Insuring or Guaranteeing Adventures—Penalty. 1069,1070 

Shipping Goods for the Slave Trade—Penalty . 1070,1071 

Dealing in Slaves at Sea—Piracy... 1070 

Serving on board Slave Ships—Penalty. 1072,1083 

Persons may purchase Slaves belonging to his Majesty. 1073 

Slaves may be removed Coastwise from one part of to anyl ^ 073 1092 
other part of the same Island, &c. ..J ’ 

His Majesty may authorize the removal of Slaves from onel 1074 

British Island to another British Island.J 

Convict Slaves may be Transported to a Foreign Settlement. 1074 

Domestic Slaves may accompany their Masters. 1074 

Slaves may be employed in Navigation. 1075 

... In Fishing. 1075 

... In Military and Naval Services. 1075 

Ships in distress, with Slaves on board, may be assisted .... 1075,1076 

How captured Slaves to be disposed of. 1075, 1090 

Bounty to be given for Slaves captured, and how recovered J 1076, 1077 
and distributed... \ 1090 

Apprentices, how to be disposed of when their time is expired 1078 

... If ill-treated—the Remedy.. 1076 

Providing for Slaves captured. 1 078 




























CONTENTS. 


xliii 


SLAVE TRADE continued. page 

Proceedings in case of Appeal. 1077, 1079 

Ships condemned for carrying Slaves to have British Register 1079 
Registration of Slaves. 1080 

Slaves removed without observing Regulations, forfeited, and 1 . 

£100 penalty.j 

Ships and Goods forfeited, how to be disposed of. 1083,1084 

Who may Seize ... 1083 

Perjury, punishment for . 1083, 1087 

For Legal Proceedings—Recovery of Penalties, and appro-) 1077, 1084, 
priation of Forfeitures, &c. ..j to 1091 

Regulations of Prize Agents. 1091 

Mixed Courts, under the Netherlands Treaty, shall be the) |Qgg ^ 089 
only Tribunal.j 


CHAPTER VIII. 

PRIVATEERS AND FOREIGN ENLISTMENT. 


... Remarks upon Privateers. 

... Articles of Agreement usually entered into. 

... Rules of Discipline. 

Fokeign Enlistment.— Enlisting in Foreign Service deemed) 
a Misdemeanour.j 

... Offenders to be apprehended by Warrant. 

.,. Vessels may be detained having Offenders on board.... 

... Masters of Ships taking Offenders on board. 

.. . Fitting out Armed Vessels for Foreign Powers without) 
Licence.J 

... Aiding the Equipment of Foreign Vessels. 

... Offences, how to be tried... 

... Recovery of Penalties. 

. .. Not to extend to Asia... 


1097 

1099 

1101 

1107 

1109 

1110 
mi 

mi 

1112 

1113 

1113 

1113 


CHAPTER IX. 

L ->ii v£ui JbiEod no ifiiw t&aarteib m tsqaiS 

TABLE OF SOUTH SEA DUTIES. 

Russian Company Duties ... j ; 

............ b'jtwlhteib bne 

Duties ok Package.. 

_ 

Package Rates, outward ... 

f -.... . vboroafl arfi—batfiMt-Ui II ... 

JoAlLAGE Duties.... 

. 4 ., .fiyiuiqao mai8 gmbr/oiH 

Portage Duties... 


1115 

1117 

1121 

1125 

1125 































xliv 


CONTENTS. 


APPENDIX. 

Arrangement op the Countries with which theI 

Foreign TradE of Great Britain is car-V 1127 
ried on... J 

A Table of the quantity of British Plantation Rum 
allowed to be delivered from the Warehouses 
free of Duty for Stores of Ships, according to 
the destination of the intended Voyage, and the 
Number of Mariners intended to be employed in 
Navigating the same, and of His Majesty’s 
Troops Embarked therein, at half a pint per 
man, per day. 



NOTICE.—The Binder is desired to cancel pages 669, 670, 671, 672 and 673, 
the subject having been repealed after the sheets were worked ofFl 


CORRECTIONS TO BE MADE IN THE WORK. 

page 

615. Chichester. Read— 

“ Goods in Table C, and Wool in Table E.” 

616. Cowes. After Table C insert— 

“ and Goods in Table (E).” 

„ Gloucester. Read— 

“ All Goods not East India Produce, and Articles other than Sugar in 
Table F.” 

„ Portsmouth. After C insert D, and strike out Hides in Table D. 

„ Shoreham. Add— 

“ Wine and Spirits in Table B.” 

,, Swansea. Add— 

“ Rum in Table A, and Goods in Table B.” 

„ Weymouth. Read— 

“ Rum in Table A, Wine and Spirits in Table B, Timber and Wood in 
Table C, and Goods in Table E.” 

617. Aberdeen. Line 7, instead of C read_E. 

„ Dundee. Add— 

“ Goods in Tables D and E (except Tobacco.) 

„ Grangemouth. Add— 

“ Bristle and Kelp in Table'C, 
and 

Ashes, Barilla, Bark, Black or Dantzic Beer, Bristle undressed, Linen 
plain, (except Sail Cloth,) Madder and Mats of Russia in Table E.” 







tiie 


SHIP-MASTER’S ASSISTANT. 


PART I. 


CHAPTER I. 

OWNERS OF SHIPS. 

The interests of owners and masters of ships are in some respects so 
intimately blended one with the other, that it is almost impossible to 
treat of them to all purposes separately: so far, however, as those 
interests admit of distinct , as well as combined , considerations, they are 
comprehended in this and the following chapter. 

The property of ships is most frequently acquired, like that of other 
chattels, either by being the fabricator, or purchaser, of the article. 

There is, however, a great and distinguishing difference, imposed by 
statute, between ships , and all other personal chattels; for by former 
statutes, and lastly, by 6 Geo. IV. c. 110, it is required, that the pro¬ 
perty in ships shall only be transferred by a bill of sale, or other instru¬ 
ment in writing, accompanied by certain other formalities therein 
specified, by which the seller exhibits his power to sell or transfer, and 
the purchaser may ascertain the safety of his purchase. This provision 
has been made principally on account of the great distances from the 
supervision and superintendence of the owners, at which vessels en¬ 
gaged in trade must frequently be, and also as an additional security to 
the objects of the registry acts. 

Compliance with the directions of the registry statute accomplishes a 
complete legal alienation and transfer, in all cases where such aliena¬ 
tion and transfer would not have been illegal in its nature before that 
statute ; but mere compliance with those directions in point of form, 
cannot confer a validity on a conveyance which antecedently, would have 
been in its nature bad and invalid. For this reason, it is discreet, in 
all cases where a delivery is possible, to add possession also to the title 
acquired by the “ bill of sale or other instrument,” as a caution to re¬ 
move such contracts from the operation of the bankrupt laws, and from 
any presumptions of courts upon cases where an execution may issue 
against an apparent owner. 

The whole subject, in all its bearings, as involved in the necessity of 
compliance with the specified regulations of the law, and the prudence 
of superadding subsequent possession is fully considered, in three 
decided cases; viz. Mair v. Glennie, 4 Maule and Selwyn’s Rep. 240. 
Robinson v. Macdonnel, Selw. 1142. And Hay v. Fairburn, 2 Barne- 
wall and Alderson’s Rep. 193. In all these cases the transfer had been 
regular according to the rules prescribed by the statute, but no posses¬ 
sion had been subsequently taken by the purchasers; owing to which 
neglect, and the vendors becoming bankrupts while in the ostensible 
possession, their creditors came in 

B 




4 


OWNERS OF SHIPS. 

it shall be lawful for every such person or persons so injured, to pur¬ 
sue such remedy against the said master and mariners, as they might 
have done before the making of this act. 

6. This act shall be a public act. 

By the act 53 Geo. III. c. 159, it is enacted as follows : 

1. Owners not answerable for loss beyond the value of the ship , Sfc. 
—From the 1st of September, 1813, no owner or owners, or part- 
owner or part-owners, of any ship or vessel, shall be liable to make good 
any loss or damage occasioned by any act or neglect which may hap¬ 
pen, without the fault or privity of such owner or owners, to any 
goods, wares, or property, laden on board that ship, or any other 
ship, farther than the value of the ship or vessel, with all its appur¬ 
tenances, and the freight due, or growing due, during the voyage 
which may be in prosecution, or contracted for, at the time when 
the loss or damage happens. 

2. What shall be considered as freight. —The value of the carriage 
of any goods, &c. belonging to the owner or any of the owners, and 
also the hire due or to grow due under any contract whatsoever, (ex¬ 
cept only such hire, as in the case of a ship or vessel hired for time, 
may not begin to be earned until the expiration of six calendar 
months after the happening of such loss or damage,) shall be con¬ 
sidered as freight, within the intent and meaning of this act, and of 
preceding acts. 

3. Separate losses. —-In case any loss or damage happens by more 
than one distinct accident, act, neglect, or default, or on more than 
one occasion, in the course of a voyage, or after the end of a voyage, 
and before the commencement of another, every such loss or damage 
shall be compensated according to the provisions of this act, in the 
same way, and to the same extent, as if no other loss or damage had 
happened or arisen during the same voyage, or after the end of one 
voyage and before the commencement of another. 

4. 5. Masters , mariners , owners of lighters , fyc. —Nothing herein 
contained shall lessen the responsibility to which a master or mariner 
of any ship or vessel may now by law be liable, notwithstanding such 
master or mariner may be an owner, or part-owner; nor extend to 
the owner or owners of any lighter, barge, boat, or vessel, of any 
burthen or description whatsoever, used solely in rivers or inland 
navigation, or of any ship or vessel not duly registered according to law. 

6. Actions may be brought for damage , Sfc. —Nor does the act extend 
to prevent any action or suit being instituted, or proceeded in, in 
any court of competent jurisdiction, by persons who have suffered loss 
or damage, notwithstanding other persons may have suffered loss 
or damage by the s;pne accident, &c. or on the same occasion ; but 
all such actions may be instituted and proceeded in, in the same 
manner, as if this act had not been made ; subject, nevertheless, to 
such order as any court may think fit to make, to restrain proceedings 
on special circumstances, as justice and equity may require. 

7. When ship and freight are not equal to all the losses.—If several 
persons suffer loss or damage in their goods, ships, or otherwise, 
and the value of the ship, with her appurtenances, and the amount of 
the freight, shall not be sufficient to make full compensation to all per¬ 
sons suffering such loss; it shall be lawful for the person or persons 
who are liable to make satisfaction, or any one or more of them, on 
behalf of himself, heiself, or themselves, and the other owner or 
owners, to exhibit a bill in a court of equity, against all the persons, 


OWNERS OF SHIPS. 


5 

who shall have brought any such action or actions, and all other per¬ 
sons who shall claim to be entitled to recompense for similar loss, to 
ascertain the amount of the value of the ship or vessel, appurtenances, 
and freight, and for payment or distribution thereof rateably amongst 
the several persons claiming recompense, in proportion to the amount 
of the several losses sustained, according to the rules of equity,' and 
as the case may require : provided always, that the plaintiffs in such 
bill shall annex to it an affidavit, that he, she, or they, do not directly 
or indirectly collude with any of the defendants, or with any other 
owner or owners of the same ship or vessel, or with any other person 
or persons, but that such bill is filed for the purposes only of justice, 
and to obtain the benefit of the provisions of this act; and, that the 
several persons named as defendants are, as the person or persons 
making such affidavit verily believes, all the persons claiming to be 
entitled to recompense for loss or damage sustained by the same 
accident, &c. or on the same occasion ; and that all such defendants 
do claim such recompense, and to be entitled to proportions of the 
value of such ship or vessel, appurtenances, and freight ; and that no 
other person claims to be entitled to any proportion thereof under the 
provisions of this act, and that the amount o^the value of such ship or 
vessel, appurtenances, and freight, does not exceed a sum to be spe¬ 
cified in such affidavit ; and that the several claims made by the 
defendants, do exceed the amount of the value of such ship or vessel, 
appurtenances, and freight; and the plaintiff or plaintiffs shall, on 
filing such bill, apply to the court and obtain an order for liberty to 
pay into court the amount of the value, as ascertained by such affi¬ 
davit, and shall pay the same into court according to such order; and 
no defendant to such bill shall be compellable to put in any answer 
thereto until such value shall have been paid into court, unless the 
court shall, for any special cause, think fit to order security to be 
given for the same, in such manner as the court shall think fit; 
either instead of payment thereof into court as aforesaid, or until 
such court shall make other order to the contrary; and unless such 
money shall be paid into court, or the court shall make such order 
for security, and such security shall be given according to the order, 
within one month after such bill shall have been filed, the bill shall 
immediately, after the expiration of the month, stand dismissed with¬ 
out any motion for that purpose; and the court shall thereupon 
order the payment of the costs of suit to all the defendants who shall 
then have appeared to such bill ; and, in case such security shall be 
given, and the value shall afterwards be ordered to be paid into 
court, and the same shall not be so paid within the time to be limited, 
such bill shall also stand dismissed without motion for that purpose ; 
and the court shall also order costs to be paid to the defendants, and 
in case any bill shall at any time be dismissed after such value shall 
have been paid into court, or such security given, the court shall 
direct the money so paid into court, if any, to be paid to the several 
claimants, who shall appear to be entitled to proportions thereof, in 
such manner as shall appear to be just, and shall order any security so 
to be given to be put in suit, and the money to be recovered thereupon 
to be paid into‘court and distributed in like manner; and such pay¬ 
ments shall be, without prejudice to any action or suit which may be 
instituted by any other person or persons, not party or parties to such 
bill, for any such loss or damage as aforesaid, although such loss or 
damage shall have arisen or happened by the same accident, act. 


OWNERS OF SHIPS. 


6 

neglect, or default, or on the same occasion as the losses or damages 
for which recompense shall be claimed by the parties defendants to 
such bill, and all such payments as shall be made under the order of 
the court shall be without prejudice to the recovery of the costs in any 
action or suit which shall have been brought by any such defendant or 
defendants, unless such costs shall be otherwise provided for by the 
said court. 

8. Provision in case the true value of the vessel , Sfc. be not paid .— 
If it shall appear to the court, that the money paid in, or for which 
security shall be given, is not the true amount of the value, the court 
shall order such further sum to be paid, or such further security to 
be given, as shall seem proper ; and the court shall also, at any time, 
if it shall see fit, order security to be given for the costs of suit; and 
if such further sum of money shall not be paid, or such further secu¬ 
rity shall not be given within the time to be limited for that purpose, 
such bill shall stand dismissed; and the court shall thereupon order 
the payment of costs to the several defendants by the plaintiffs, and 
give the proper directions for the application of any money paid into 
court, or due on any security given, to answer the demands of the 
several defendants, as shall appear to be just. 

9. Costs in abatement of suits. —If, after any such suit shall have 
been instituted the same shall become abated or imperfect, in the 
whole or in part, and the same shall not be revived or made perfect 
within the time to be limited for that purpose, such suit and all pro¬ 
ceedings therein shall stand dismissed; and the court shall order the 
costs to be paid to the defendants, or to the representatives of any 
who shall be then dead ; and if the plaintiff or plaintiffs in any such 
suit, or any of them, shall be then dead, such costs as shall not be 
otherwise paid shall be a charge on the assets of such deceased 
plaintiff or plaintiffs, and shall be recoverable as a debt by simple 
contract. 

10. Court to ascertain the value , Sfc. —The court in which any such 
bill shall be filed as aforesaid, is hereby authorized to take all such 
measures as to such court shall seem just for ascertaining the value of 
the ship or vessel, appurtenances, and freight, the amount of the 
losses or damages claimed by the defendants respectively, and all 
such matters as shall be necessary for the purposes of justice, and for 
payment and distribution of the value amongst the several persons 
entitled thereto, and generally to do therein as shall appear to be 
just; and the costs of all such proceedings shall be paid by the plain¬ 
tiff or plaintiffs, unless such court shall think fit otherwise to order. 

11. Costs to be taxed. —All costs to be paid by the plaintiff or 
plaintiffs shall be taxed and settled as between attorney and client, 
if the court shall think fit so to order. 

12. New bills not to be fled. —If any bill shall be filed, and aller- 
wards be dismissed by reason of default of the plaintiff or plaintiffs, 
or under any order of the said court, no new bill shall be filed by the 
same plaintiff or plaintiffs, or their representatives, or by any other 
part-ow ner or part-owners, unless the court shall order such dismission 
to be without prejudice to the filing of a new bill, either absolutely or 
under such conditions as to the court shall seem just. 

13. Interest of money paid into court. —If any money shall be 
paid into any such court of equity as aforesaid, in respect of the value 
of any such ship or vessel, appurtenances, or freight, all interest and 
profit made thereof whilst such money shall remain in court shall be 


OWNERS OF SHIPS. 


7 

considered as belonging to the parties in such suit, who shall appear 
to be entitled to the principal money or proportions thereof respec 
tively. and shall be divided and distributed accordingly ; and if security 
shall be given for such value, or any part thereof, the same shall bear 
interest, and such interest shall be applied in like manner. 

14. Bill filed by one part-owner. —If any such bill shall be filed as 
aforesaid by any part-owner or part-owners, on behalf of himself, or 
themselves, and the other part-owners, such bill shall bind all such 
other part-owners, and their representatives, in the same manner as 
they would have been bound if parties plaintiffs to such bill: and if, 
after the filing of any such bill any of the plaintiffs or other part- 
owners shall die, the right of action against such part-owners so dying, 
founded on any tort or wrong, shalt not thereby be lost, but it shall 
be lawful to proceed against the respective representatives of the part- 
owners so dying, in the same manner as might have been if such right 
of action had been founded on contract. 

15. Any court competent to act as a court of equity, is to be deemed 
such for the purposes of this act. 

16. All money which shall be paid for or on account of any loss 
or damage, or any costs incurred in relation thereto, shall be brought 
into account among the part-owners as money disbursed for the use 
thereof. 

17. This act shall be deemed a public act, &c. 

Such are the acts of parliament which, principally and particularly, 
affect the interests of the ship-ottmers; beside which, however, there 
are certain well-defined, well-known rules of law to which they are 
subjected. Some that are of most ordinary practical occurrence, and 
therefore most generally useful, are inserted as follows : 

Goods spoiled by default of a master —If goods are spoiled by de¬ 
fault of a master of a ship employed by the owners, the owners are 
liable; but the action must be brought against all the y?ar£-owners, 
who make but one master. It is a case of continual occurrence that 
the master is a part-owner. 

Part-owners not agreeing about a voyage. —If several part-owners 
wish to send a ship on a voyage, but two or three other part-owners 
refuse their consent, the former may send her on the voyage, but they 
must enter into a recognisance in the admiralty for her safe return. 

A part-owner of a ship sued the other owners for his share of the 
freight on finishing her voyage ; but the other owners had fitted her 
out, in which complainant w ould not join: whereupon the other 
owners complained in the admiralty; and, by order there, they gave 
security, if the ship perished in the voyage, to make good to the plain¬ 
tiff his share, or to that effect; in such a case, by the law marine and 
course of the admiralty, the plaintiff was to have no share in the 
freight. It was referred to Sir Lionel Jenkins to certify the course of 
the admiralty, who certified accordingly, and that it was so in all 
places, for otherwise there would be no navigation : whereupon the 
plaintiff’s bill was dismissed. The admiralty has a power to arrest a 
ship upon the application of a part-owner till security be given by the 
other part-owners, but none to direct a sale. Nor can the admiralty 
interfere when the shares of the part-owners respectively are not 
ascertained, but the resort must be to a court of equity. 1 Wils. 101. 

2 Mer. 77. 

In what case the owner of a ship, letting it to another, is still liable 
for loss. —The defendant was sole owner of a ship, which he let out 


8 


OWNERS OF SHIPS. 


to one Fleteher for a voyage for a certain sum, and Fletcher was to 
have the benefit of carrying goods. The plaintiff sent a quantity of 
moidores, and had bills of lading signed by the captain; and, many of 
the moidores not being delivered according to consignment, an action 
was brought against the defendant, the owner of the ship, to make him 
liable, as far as the ship and freight were worth, according to 7 Geo. II. 
c. 15. For the defendant it was insisted, that, though the ship was 
his property, yet that Fletcher is for this purpose the owner. But, it 
appearing that the defendant had covenanted for the condition of the 
ship and the behaviour of the master, the chief-justice held he was 
liable to the plaintiff: and the freight he had in general from Fletcher 
was sufficient, though the identical freight for the gold belonged to 
the other; and Fletcher had only the use of the ship, but no owner¬ 
ship. Parish v. Crawford. 2 Strange’s Rep. 1251. 

But two cases have since been determined, inconsistent with this 
decision ; and probably it is not to be considered as law. When the 
charterer of a ship causes it to be laden with goods belonging to other 
persons, he is to be considered as the owner of the ship. Mackenzie v. 
Rowe , 2 Campbell, 482. 

Repairing a ship. —If a ship be repaired in the river Thames, and 
fitted out there with new rigging and apparel, the ship itself is not 
liable, but the owners. If she be repaired abroad the ship is liable, 
and the master may hypothecate (or pawn) her for payment of the 
charges. The repairer of a ship may sue either the master who - em¬ 
ploys him or the owners; but, if he undertake it on a special promise 
from either, the other is discharged. An action was brought by a 
shipwright for repairing the defendant’s ship in his dock. About three 
hours before the ship’s repairs were finished a fire happened, and she 
was burnt. Notwithstanding which, the court held, that the owner 
was liable to pay for the repairs that had been done. 

Owners liable for provisions , fyc. bought by the master. —If the 
master of a ship buy provisions for her, and have money of the owners 
to pay for the provisions, but sails without paying the money, the 
owners are liable to pay, in proportion to their respective shares in the 
ship, the master being but a servant to the owners. 2 Vern. Rep. 643. ; 
but in a modern case, viz, Fraser v. Marsh, (13 East. 238.) defendant 
became purchaser of a ship under sale by a sheriff, got possession, 
and had her registered in his own name. Afterward, by a charter- 
party, he let the ship for a certain number of voyages, and at a certain 
rent, to one W., who was then the captain, and who afterwards ordered 
stores for the ship, which stores were supplied by the plaintiff in this 
action. For the value of these stores it was that the action was 
brought against the defendant as registered owner. Plaintiff was non¬ 
suited on the ground that, during the existence of the lease, the rela¬ 
tion of master and owner ceased to subsist between W. and defendant, 
and that the stores must be taken to be ordered on W.’s own account. 
The Court of King’s Bench were afterwards of opinion the nonsuit 
was right; for notwithstanding the register acts, it would be too much 
to say, that the registered owner who divests himself by the charter- 
party of all controul and possession of the vessel for the time being, in 
favour of another, which other has all the use and benefit of it, is still 
liable for stores furnished to the vessel by order of the captain during 
the time. The question is, Whether the captain, in this instance, who 
ordered the stores, was, or was not, the servant of this defendant 
who is sued as owner? Now, it is clear they did not stand in the 


OWNERS OF SHIPS. 


9 


relation of owner and master to each other at the time, and there 
fore the defendant cannot be liable for the acts of one who had foi 
the time no connection with him. There are other cases to the same 
effect, but this is sufficient. 

Master not liable for stores ordered before , but delivered after , his 
appointment as master. —Lord Mansfield, in delivering his opinion of 
the court, in a case of Farmer and another v. Davis , where goods were 
ordered for a ship by the owner, before the appointment of the cap¬ 
tain, and some of which goods were delivered after his appointment, 
said, “ Where a captain contracts for the use of a ship, the credit is 
given to him, in respect of his contract; it is given to the owners, 
because the contract is on their account; and the tradesman has 
likewise a specific lien on the ship itself. Therefore, in general, the 
tradesman who gives that credit debits both the captain and the 
owners. Now, what is this case? The captain made no contract 
personally ; the owners contracted for their ship; the credit was given 
to them only; and there is not a shadow of colour to charge the 
captain with any part of these goods.” 

Master has no lien on the ship for his wages; nor for money paid 
for stores mid repairs.—IVilkin and others (assignees of Brooke, a 
bankrupt) v. Carmichael. The question in this case was, whether a 
captain, having paid for stores supplied, and repairs done, to a ship in 
England, and having wages due to him, has such a lien on the ship as 
to be entitled to keep her till he is paid ? 

Lord Mansfield said, “ Notwithstanding the strongest inclination 
that the defendant (the captain) should have full satisfaction, we are 
not able to find ground on which we can give judgment in his favour. 
1. He has set up a lien upon two sorts of claim, viz. wages and stores 
and repairs. As to wages, there was no particular contract that the 
ship should be a pledge; there is no usage in trade to that purpose; 
nor any implication from the nature of the dealing. On the contrary, 
the law has always considered the captain as contracting personally 
with the owner, and the case of the captain has, in that respect, been 
distinguished from that of all other persons belonging to the ship; 
this rule of law may have its foundation in policy, for the benefit of 
navigation ; for, as ships may be making profit and earning every day, 
it might be attended with greaf inconvenience, if, on the change of a 
captain for misbehaviour, or any other reason, he should be entitled 
to keep the ship till he is paid. As to stores and repairs, it is a strong 
answer to that claim, that, when the demand was made to the as¬ 
signees, the captain had not paid the tradesmen’s bills. But, if there was 
any lien originally, it was in the carpenter. The captain could not, 
by paying him, be in a better situation than he was, and he had parted 
with the possession ; so that he had given up his lien, if he ever had 
one; the other creditors had none. If the defendant is liable to the 
tradesmen, it is by his own act. Work done for a ship in England is 
supposed to be done on the personal credit of the employer; in foreign 
parts the captain may hypothecate the ship. The defendant might 
have told the tradesmen that he only acted as an agent, and that they 
must look to the owner for payment.” Judgment for the plaintiffi 
There are many other cases to the same effect; especially Westerdell 
v. Dale (7 T. R. 312.) But it has been recently decided that a ship¬ 
wright has a lien upon a ship for repairs Franklin v. Hosier , 
4 Barn, & Aid. 341 

Owners liable for necessaries ordered by the ?naster y whether they 


10 


OWNERS OF SHIPS. 


know of it or not. —The plaintiffs being 1 ropemakers, supplied the ship 
Henry-and-Thomas with cables to the value of <£5. 8s. 3 d. by the 
order of Thomas Harwood, the captain; and made Harwood and the 
owners of the ship (the defendant) the debtors, in the usual manner, 
without naming the owners, or knowing particularly who they were.— 
The ship Henry-and-Thomas had been let by the defendants to Har¬ 
wood, upon certain articles, in which it was mutually covenanted be¬ 
tween them as follows: 1st, the owners covenanted with Harwood, 
that, on his performance of the covenant stipulated on his part, he 
should have the sole management of the ship, and employ her for his 
sole benefit and advantage for the space of eleven years, if he should 
so long live, and the ship should not be lost. The covenants on the 
part of Harwood were, (amongst others,) to pay a yearly rent of £36. 
per cent., at stated periods; that he would at all times, at his own 
cost and charge, repair, maintain, and keep the vessel and her rigging, 
&c. in good and sufficient repair. The plaintiffs had no notice of 
this contract at the time they furnished Harwood, the captain, with 
the goods.—The question was, whether the defendants were liable to 
this debt? 

Lord Mansfield, in delivering judgment, said, “ This case was 
reserved, not with a view to the particular matter in dispute, or the 
parties now before the court, but in consideration of a general anxiety 
in the owners of ships, employed in this trade, to know how far they 
are by law liable for the acts of their respective lessees. In that 
point of view we think it impossible to say that the plaintiffs are not 
entitled to recover. Whoever supplies a ship with necessaries has a 
treble security. 1. The person of the master. 2. The specific ship * 
3. The personal security of the owners, whether they know of the sup¬ 
ply or not. —1. The master is personally liable as making the con¬ 
tract. 2. The owners are liable in consequence of the master’s act, 
because they choose him: they run the risk, and they say whom they 
will trust with the appointment and office of master. Suppose the 
owners in this case had delivered the value of the goods in question 
in specie to the master, with directions for him to pay it over to the 
creditors, and the master had embezzled the money; it would have 
been no concern of the creditors; for they trust specifically to the 
ship, and generally to the owners. In this case the defendants are 
the owners; and there happens to be a private agreement between 
them and the master, by which he is to have the sole conduct and 
management of the ship ; and to keep her in repair, &c. But how 
does that affect the creditors, who, it is expressly stated, were total 
strangers to the transaction ? And that is an answer to the observa¬ 
tion, that the plaintiff must have known the real situation of the mat¬ 
ter, in this case, from the general usage and custom of the country in 
that respect. Indeed, if it appeared that a tradesman had notice of 
such a contract: and, in consequence of it, gave credit to the captain 
individually as the responsible person, particular circumstances of that 
sort might afford a ground to say, he meant to absolve the owner, and 
to look singly to the personal security of the master; but here it is 
stated, that the plaintiff had no notice whatever of the contract. The 


* This lien on the ship has since been denied in several cases for necessaries and 
repairs, as has been recently noticed; but the other observation of Lord Mansfield is 
decidedly confirmed, when the very case was fully discussed. 



OWNERS OF SHIPS. 


11 


owners themselves are aware of their being liable at the time; they 
choose a master to whom they agree to let the ship, and trust for their 
security to the covenants which they oblige him to enter into ; these 
covenants are, that he shall be obliged to keep the ship in repair, and 
deliver her up at the end of the term in as good condition as when 
lelivered to him. This is not all; for they indemnify themselves 
against the private debts of the master, and against his being taken 
in execution; for, if he does not perform all and every the covenants 
in the agreement, (except in case of the loss of the ship,) the conse¬ 
quence (beside the remedy against him upon the covenant) is, that 
the contract and agreement are to be absolutely at an end, and they 
are to take possession of the ship. 

“ Suppose the ship had been impounded in the admiralty-court, 
and that happened at the end of the term; or, suppose the captain 
had broken a covenant which had put an end to the agreement; the 
defendant could never have taken the ship out of court, without pay¬ 
ing the debt for which the ship was impounded. We are all of opinion, 
therefore, that, under these circumstances, there is no colour to say 
that the creditors shall be stripped of the general security they are, 
by law, entitled to against the owners.”— Rich , executor, v. Coe, Cow- 
per, 626. The liability, however, of the owners to the contracts of 
the master is confined to contracts for necessaries only , and the word 
necessary , applied to repairs, means such as are proper for the vessel, 
and such as a prudent owner would, if present, order. See Eva?is v. 
Williams , 7 T. R. 481. Rocher v. Busker, 1 Stark. 27. Palmer v. 
Gooch, 2 Stark. 428. and Webster v. Seekamp , 4 Barn. & Aid. 352. 
But though the owner be liable for necessaries, such liability does not 
supersede the right of the owner to examine the accounts, and to 
inquire into the necessity which occasioned the orders. On this 
ground, an owner is not bound to honour a bill of exchange drawn by 
the master in a foreign port for money supplied to him for procuring 
these necessaries. {Harder v. Brotherstone, 4 Campb. 254.) 

A party who takes a share in a ship under a conveyance, void for 
want of conformity with the provisions of the Registry Acts, is not 
liable for articles furnished to the ship, unless credit be given to him 
individually, or he holds himself out as owner. Harrington v. Fry, 
2 Bingham, 179. 

It has been already observed at the commencement of this chapter, 
that those who intend to acquire the property of a ship by purchase, 
should previously ascertain that the person who proposes to sell is 
legally empowered to do so ; for, although a sale of other goods, by 
the person who is in possession of them, may, in many cases, vest the 
property in the buyer, even when the seller himself has neither pro¬ 
perty in them nor authority to dispose of them, it is not so with respect 
to ships: for the sale of which there is no open market. Written do¬ 
cuments, it has been seen, determine this species of property; and 
the buyer has therefore the means of ascertaining the title of any one 
who offers to sell, and can seldom be deceived, unless by his own fault. 

The requisite documents not only furnish the owner with proof of 
his property, but also enable him to dispose of it when the ship is at 
sea, or in a foreign port. 

In case of a sale, or agreement for sale, of a part only, it has been 
thought sufficient, if the vender, having delivered the muniments of 
his title, ceased from the time to act as a part-owner, actual delivery 
of a part being considered impossible. This, however, is to be under- 


12 


OWNERS OF SHIPS. 


stood with some limitation ; for, if a part owner has the actual posses¬ 
sion of the ship, it is not impossible for him to deliver the possession ; 
but, if he has not the actual possession, the possession of the other 
part-owners may reasonably be considered to be the possession of the 
vendee after the sale. 

When a ship is abroad, a perfect transfer of the property may, at the 
common law, be made by assignment of the grand bill of sale , and 
delivery of that, and the other documents relating to the ship, as the 
delivery of the key of a warehouse to the buyer of goods contained 
therein, is held to change the property of the goods, according to the 
rule of the civil law ; such delivery, in each case, being not merely a 
symbol, but the mode of enabling the buyer to take actual possession so 
soon as circumstances will permit. See Abbott, pp. 11, 12. 

For an explanation of the law relative to the sale of a ship by the 
master , see the next chapter. 

For what relates to the owner’s responsibility on the subject of loss 
by pilots, see 6 Geo. IV. c. 125, § 53, 54, and 55, Part I Chap. V. 

For what relates to the owners on account of masters not using 
proper Dunnage, see Loading of Ships, Part IV. Chap. III. 




MASTERS OF SHIPS. 


13 


CHAPTER II. 
MASTERS OF SHIPS. 


No person can be qualified to be a master of a British ship, except 
he be a natural born subject of his Majesty, or be a person naturalized 
by act of parliament, or a denizen by letters of denization, or have 
become a subject of his Majesty by virtue of conquest or cession of some 
newly acquired country, and who shall have taken the oaths of alle¬ 
giance, &c. or a foreign seaman having served three years in time of 
war on board one of his Majesty’s ships. (See Part II. Chap. I.) 

It behoves a master to know what degree of responsibility is attached 
to his situation, and what privileges it invests him with; and it is the 
design of this chapter to explain them. The master and owner are 
however, as has been observed, so connected together, that many obser¬ 
vations in the preceding chapter of owners, will be found to be neces¬ 
sary knowledge for the master of a ship. The doctrine of marine 
assurances, too, he should be well acquainted with, in order that he may 
not, by his conduct, inadvertently prejudice his owners’ claim on the 
underwriters. (See Part III. Chap. II.) 

Masters of ships responsible for goods committed to their charge .— 
The law makes no distinction between carriers by land , and carriers 
by water; and, for whatever losses arise from the neglect of persons 
employed under them, they are answerable; whatever cases, therefore, 
relate to carriers by land, must be understood generally to be equally 
applicable to carriers by water, such as masters of ships and hoy men. 

The master of a ship is liable for goods of which the ship is robbed 
in the river. —The reasons are : 1. Because he is an officer known. 2. 
Because he receives his salary out of that which is paid for the freight. 
But the master may reimburse himself out of the mariners’ wages for a 
loss happening by their neglect. 

Masters are charged to carry goods against all events , but the acts of 
God and the king’s enemies. —The plaintiff put goods on board the 
defendant’s hoy, who was a common carrier. Coming through bridge, 
by a sudden gust of wind, the hoy sunk, and the goods were spoiled. 
The plaintiff insisted that the defendant should be liable, it being his 
carelessness in going through at such a time ; and offered some 
evidence, that if the hoy had been in good order, it would not have sunk 
with the stroke it received; and thence inferred, the defendant was 
answerable for all accidents which would not have happened to the 
goods in case they had been put in a better hoy. But the Chief 
Justice held the defendant not answerable, the damage being occa¬ 
sioned by the act of God ; for though the defendant ought not to have 
ventured to shoot the bridge if the general bent of the weather had 
been tempestuous, yet this, being only a sudden gust of wind, has 
entirely differed the case; and no carrier is obliged to have a new car¬ 
riage for every journey; it is sufficient if he provides one which (with- 


14 MASTERS OF SHIPS. 

out any extraordinary accident, such as this was) will probably perform 
the journey. 

In the case of Forward v. Pittard , (1 T. R. 27.) the plaintiff had 
delivered goods to the defendant, who was a common carrier; and 
which goods were afterwards destroyed by accident of fire. The ques¬ 
tion was, whether the defendant was answerable for them. 

Lord Mansfield said, “ It appears from all the cases, for one hun¬ 
dred years back, that there are events for which the carrier is liable, 
independent of his contract. By the nature of his contract he is liable 
for all due care and diligence; and for any negligence, he is suable 
on his contract. But there is a further degree of responsibility, by the 
custom of the realm, that is, by the common law, a carrier is in the 
nature of an insurer. It is laid down that he is liable for every acci¬ 
dent, except by the act of God, or the king’s enemies: now, what is 
the act of God ? I consider it to mean something in opposition to the 
act of man ; for every thing is the act of God that happens by his per¬ 
mission ; every thing by his knowledge. But, to prevent litigation, 
collusion, and the necessity of going into circumstances impossible to 
be unravelled, the law presumes against the carrier, unless he shows it 
was done by the king’s enemies, or by such act as could not happen by 
the intervention of man, as storms, lightning, and tempests. 

“ If an armed force come and rob the carrier of the goods, he is 
liable ; and the reason is, from fear it may give room for collusion, that 
the master may contrive to be robbed on purpose, and share the spoil. 

“In this case, it does not appear but that the fire arose from the act 
of some man or other; it certainly did arise from some act of man; 
for it is expressly stated not to have happened by lightning. The car¬ 
rier, therefore, is liable, inasmuch as he is liable for inevitable accidents.” 
Judgment for the plaintiff. 

And it has been said by Lord Kenyon, that there is a difference 
where a man is chargeable by the general law, and where on his own 
contract. Thus, as to common carriers, who are chargeable by opera¬ 
tion of law, for all losses, (except those arising from the act of God or 
the king’s enemies,) they cannot discharge themselves from this 
responsiblity by an act of agreement of their own. But where a man 
is chargeable on his own contract he may qualify it as he thinks fit. 
Hyde v. Proprietors of the Trent Navigation, 5 T. R. 389.* And 
these determinations have been confirmed in many more recent cases. 
But it sometimes happens that the line of conveyance is divided between 
several carriers, as well on land as on water carriage. In such case, 
if goods are delivered to a carrier going between X. and Y., to be car¬ 
ried to Y., and thence forwarded by another carrier to Z., and the 
carrier on his arrival at Y. put them into a warehouse, to wait an 
opportunity of forwarding them to Z., his responsibility as a carrier is 
thereby terminated. Garside v. Proprietors of Trent Navigation, 4 T. 
R. 581. See also Evans v. Soule, 2 Maule & Selwyn, 1. 


* Notwithstanding, however, this observation of Lord Kenyon, the merchants have 
adopted a new form for their bills of lading, by which they discharge themselves from 
the responsibility here mentioned. The difference between the new and former bills 

of lading consists in the introduction of an exet*i tion, which runs in these words :_ 

“ The act of God , the king's enemies , fire , and all and every other dangers and accidents 
of the seas , rivers , and navigation , of whatever nature or kind soever , save risk of boats , 
so far as ships are liable thereto , excepted .” 

It is, however, proper to observe, that if no bill of lading be signed, then the master 
or owner is bouud, by the general law of the land, as above mentioned. 



MASTERS OF SHIPS. 


15 


What acceptance makes a carrier liable. —Per King, C. J. “ If a 
box be delivered generally to a carrier, and he accepts it, he is answer- 
able, though the party did not tell him there was money in it. But if 
the carrier asks, and the other says no ; or if he accepts it, conditionally, 
provided there is no money in it; in either of these cases, the carrier 
is not liable.” And so it was afterwards determined in the court of 
King’s Bench, in the case of Gibson v. Paynton and another, 4 Burr. 
2298. On the subject of conditional, or restricted, or special accept¬ 
ance, and that with, or without notice, or with ambiguous notice, there 
are a very large class of decided cases, but too numerous and diversified 
to be admitted here. See especially, however, Beck v. Evans , 16 East, 
244. Harris v. Packwood , 3 Taunton, 264. 

N. B. In any'contract for the carriage of goods by water, it is a term 
implied by law, that the vessel is in all respects adequate for the pur¬ 
poses of the conveyance. Lyon v. Mills , 5 East, 428. 

Goods lost in a lighter. —If goods are lost after the owner of them 
has taken them from the ship into a lighter, it is his own loss ; but it 
is otherwise if the goods are sent from the ship by the ship’s boat, 
which is considered as part of the ship and voyage. Yet if the 
owner of any goods sends his servant with them, the carrier or lighter¬ 
man is not liable if they be lost. By bill of lading a ship-owner under 
took that goods should be delivered safe, “ the act of God, the king’s 
enemies, fire, and every other dangers of the seas, rivers, and naviga¬ 
tion, of whatever kind, save risk of boats , so far as ships are liable 
thereto , excepted” The goods were despatched from the ship in her 
boat, according to the course of trade in the West Indies, and they 
were all lost together in a hurricane. It was held that the ship owner 
was not liable under the terms of the bill of lading to make good the 
loss. The terms of it show it was not to make the owner liable to 
losses in boats, arising from the dangers of the sea, though it left him 
liable to such risks as those to which he was liable in ships. Johnson 
v. Benson , 1 Brod. & Bing. Rep. 454. 

Captain not liable for more goods than are actually shipped. —A 
quantity of wheat and barley was intended to be shipped in the Ems 
on board the ship Marlin , bound for London, and the master (Axton) 
signed bills for the whole quantity. He was afterwards prevailed upon, 
in order to save a tide, to sail with thirty-seven quarters short. On the 
factors, who had accepted bills for the whole quantity specified in the 
bills of lading, bringing an action for the value of the quantity short 
delivered, they were nonsuited, the captain having followed the direc¬ 
tion of his principal, who was the owner of the cargo. Giles and others 
v. Axton. Hil. Term, 1830. 

Passengers dying on board. —If any passenger die on board, the 
master is obliged to inventory his effects; and if no claim can be made 
to them within a year, the master becomes proprietor of the goods, but 
answerable for them to the deceased’s legal representatives. Bedding 
and furniture become the master’s and his mate’s, but the clothing must 
be brought to the mast head, and there appraised and distributed among 
the crew. 

Captain dying. —If a captain die, leaving money on board, and the 
mate becoming captain, shall improve the money, he shall, on allowance 
for his care, account both for interest and profits. 

Leaving seamen abroad. —By 9 Geo. IV. c. 31, s. 30, if any master 
of a merchant vessel shall, during his being abroad, force any man on 
shore, or wilfully leave him behind in any of his Majesty’s colonies or 


16 


MASTERS OF SHIPS. 


elsewhere, or shall refuse to bring home with him again all such of the 
men whom he carried out with him as are in a condition to return 
when he shall be ready to proceed on his homeward-bound voyage, 
every such master shall be guilty of a misdemeanour, and, being 
lawfully convicted thereof, shall be imprisoned for such term as the 
court shall award. (See 58 Geo. III. c. 38, s. 1.) The mode of pro¬ 
secution, trial, &c. are to be the same as are specified in that section of 
that act. 

A master has no authority to sell the ship , unless in particular cir¬ 
cumstances.—The master possesses every power necessary for the 
employment and navigation of the ship; but he has not, unless in a 
case of extreme necessity, authority to sell the ship. In a case 
(Johnson v. Shippen) before the court of King’s Bench, Chief Justice 
Holt is reported to have said, “ The master has no authority to sell any 
part of the ship, and his sale transfers no property; but he may hypo¬ 
thecate” or pawn. In a subsequent case, (Ekins v. East India 
Company.) Lord Chancellor Cowper decreed, that the East India 
Company should pay to the owner of a ship, purchased of the master 
at Batavia, for their use, and by one of their agents, the difference be¬ 
tween the real value and the sum paid to the master, with interest 
thereupon, at the rate allowed in India. His lordship noticed that the 
sale of the ship was not necessary; and it appears that the transaction 
was a gross fraud between the master and the agent of the company; 
but without their privity. The decree was afterwards affirmed by the 
House of Lords. 

It has been quoted, from an old law reporter, that, “ the master may, 
in some cases, sell the ship, although it does not belong to him, as in 
the case of famine, &c.” (Jenkins’s Centuries, p. 165.) On this it has 
been remarked, (Abbott, p. 3,) that the exception of cases of extreme 
necessity rather fortifies than weakens the general rule ; and no person 
can safely purchase a ship of the master, in any case, which does not 
clearly fall within the principle upon which the exception is founded : 
and suqh a case will rarely happen. And, although the master be him¬ 
self a part-owner of the ship, yet will not his sale thereof be good for 
more than his own part; for the interest of part-owners is so far dis¬ 
tinct, that one of them cannot dispose of the share of another ; whereas, 
in articles of ordinary sale, one partner may, in general, transfer the 
whole property, if the transaction be without fraud. 

In the year 1805, the ship Glamorgan , of London, proceeded 
thence on a voyage to Antigua and back; she delivered her cargo at 
Antigua, took in her homeward-bound cargo, and sailing to Tortola, 
to join convoy- arrived there in a leaky state on the 16th November, 
and was sold in the following month, under an order of the vice¬ 
admiralty court, obtained on the application of the master for a survey, 
and a report of surveyors that the ship was totally unfit, in her then 
state, to proceed with her cargo, and that the expense of repairing 
her would be more than her value when repaired. The purchaser 
procured a new register for the ship at Tortola, sent her thence to 
Nevis, there procured another new register, and sent her thence to the 
island of Grenada, where she took in a cargo, with which she safely 
arrived in London, in July, 1806. No fraud was found to exist in 
this sale, and the court being of opinion that the sale could not be 
sustained under the authority of the vice-admiralty court, it became 
material to consider whether it could be sustained as a sale by the 


MASTERS OF SHIPS 


17 


authority of the master. The court appear to have thought that it 
could not; but the point was not judicially decided, because the judges 
were of opinion that, supposing the master were warranted by an 
authority, express or implied, from his owner, to sell the ship in such 
a case, still it was necessary that the forms prescribed by the register 
acts should be complied with : and nothing of this sort having been 
done, the original owner succeeded in his action against the pur¬ 
chaser. (Reid v. Darby , 10 East, 143.) As to the authority of the 
vice-admiralty court, to order a sale on the application of the master, 
see 10 East, 378. 

Again, the Fredonian, or American ship, Fanny-and-Elmira, was 
captured by the Danes, recaptured by a British sloop, and claimed 
in the prize-court of admiralty, on behalf of her original owners, who 
resided at New York, and also by a Mr. Ormsby, who had purchased 
her of the master at Sligo, in Ireland, under the following circum¬ 
stances. The ship, having been damaged upon the rocks in Sligo 
Bay, was surveyed by persons whom the master described as compe¬ 
tent, but who do not appear to have filled any public station, and who 
reported that it would require £ 1500 to repair the vessel, a sjim far 
exceeding her value, and that it would be for the interest of the con¬ 
cerned to have her sold. She was accordingly sold by public auction, 
and bought by Ormsby for ,£350. The latter, by the master’s desire, 
paid part of the money into the hands of the agents of the owner at 
Sligo, and carried the remainder to account between himself and the 
master. Soon after the purchase, Ormsby offered a fourth of the 
vessel to the master at the same price, provided he would consent to 
navigate her again as master: this he agreed to; the vessel was re¬ 
paired at the expense of £800, sailed to Riga, and was taken on her 
return thence to London. The agents of the original owners de¬ 
clared, that they had done all in their power to prevent the sale, and 
had been ready to make any advances that might be necessary. Upon 
this evidence the judge of the admiralty ordered the ship to be re¬ 
stored to the original owners, without prejudice to any rights which 
the proper court of justice in America might admit that Mr. Ormsby 
had acquired by the purchase. In this case, it is obvious that the 
sale could not be justified on the ground of necessity. Upon this 
subject Sir Wm. Scott said: “ In the first place it must be shown 
that there was a necessity, and then it remains to be considered 
whether it was such as by law would give the master a right to sell. 
That such a case may arise, I am not prepared to deny ; suppose, for 
instance, a ship in a foreign country where there is no correspondent 
of the owners, and no money to be had on hypothecation to put 
her into repair. Under these circumstances what is to be done ? 
the ship may rot before the master can hear from his owners ; and, 
therefore, if the necessity were clearly shown, with full proof that 
every thing was done, optimd fide, and for the real benefit of the 
owners, the court might be disposed to sustain a purchase so made.” 
And again, “ In a case of that description, I say, strongly put, where 
there was no ground for suspicion, although I do not know that such 
a power is given to the master by the general maritime law, yet 
feeling its expediency, this court would strain hard to support the 
title of the purchaser : but there must be the clearest proof of the 
necessity: it must be shown, not only that the vessel was in want of 
repair, but likewise that it was impossible to procure the money for 
that purpose.” 


c 


18 


MASTERS OF SHIPS. 


A similar decision as to this point took place in a case of Hunter 
v. Princep, in the court of K.B. (See 10 East, 143.) Lastly, in 
Underwood v. Robertson , (4 Camp. 138,) which was the case of a ship 
going from London to Demerara, and insured for that voyage , being 
captured by an American privateer near that island, plundered of her 
stores, and the crew taken from her. Being immediately afterwards 
recaptured, and carried into St. Thomas, the captain, with the autho¬ 
rity of the vice-admiralty court at Tortoli, sold the ship and cargo , at 
a loss of 60 per cent, on the latter. The great question in this case 
was as to the captain’s right, under the circumstances , to sell the ship 
and cargo, to do away the adventure, so as to entitle the insurers to 
recover from the underwriters. Lord Ellenborough was decidedly of 
opinion, that every expedient should have been attempted by the cap¬ 
tain, before he went the length of selling the goods intrusted to his 
care; viz. by borrowing money, drawing on his owners, hypothe¬ 
cating the ship, &c.; and that the selling the cargo could only be jus¬ 
tified in the last extremity, when every other resource was hopeless. 

The necessary inference from these cases is, 

1 st. That nothing but extreme necessity can justify a master or cap¬ 
tain in the sale of a ship or cargo ; and that the evidence of that neces¬ 
sity must be extremely strong , in order to rebut the suspicion which 
always attends such a transaction. 

2diy. That the opinion of a vice-admiralty court is by no means 
conclusive evidence of such a necessity. 

3dly. That the purchasers of ships so sold , will have a very preca¬ 
rious title, unless they possess themselves of every species of evidence, 
both legal and equitable, by which the property in the ships may be 
traced, the necessity of selling established, and the fairness of the 
transaction placed beyond the power of suspicion. 

The effect of these restrictions on a sale by the master, has indeed 
been frequently evaded in foreign countries by procuring a sentence 
of condemnation and sale of a ship, as unfit for foreign service, from 
some court or judge having jurisdiction in maritime affairs: but no 
such jurisdiction is known to the laws of England. This has been 
illustrated more immediately by the following case, Hayman and 
others v. Moulton and others, in the sittings at Guildhall, Nov. 1,1803. 
(See Abbott, 7 ; and 5 Esp. N. P. C. 65.) 

The owners of the ship Grace sent her to Jamaica, under the com¬ 
mand of a Mr. Cook, with a cargo consigned principally to M‘Anuff 
and Cunningham, and with orders to follow their directions in respect 
to his lading back, and to apply to them for money for the use of the 
ship. On the 23d of February, 1802, after the discharge of her cargo, 
the ship was driven on shore at Rio Bueno, Jamaica, in a gale of 
wind. The master applied to Cunningham, who resided at Montego 
Bay, for advice in this emergency, and on the 27th of February, made 
the usual protest. On the same day, the deputy naval officer at Mon¬ 
tego Bay directed his warrant to four masters of ships, directing them 
to examine the Grace , and make a return upon oath of her state and 
condition. They reported that they had been on board, and found 
the ship settled in a sandbank four feet, with a bank of sand between 
her and the sea of twice her length, and not more than two feet water 
on the sandbank; and that they were therefore unanimously of 
opinion, from the great expense that w ould be incurred in attempting 
to get her afloat, and the little chance of succeeding therein, that it 
would be most for the advantage of the underwriters, and all others 




MASTERS OF SHIPS. 


19 


concerned, to sell the ship as she then lay, with all her materials, to 
the best bidder. Cunningham advertised the ship for sale by auction 
as a wreck; he acted as auctioneer and charged his commission, and 
she was sold on the 15th of March, to one Dunn, for <£1210, Jamaica 
currency, or about ,£864 sterling. One of the surveyors attended and 
bid at the sale. Dunn sold the vessel to Robert Moulton, a brother 
of one of the defendants, who, upon his own oath of ownership, and 
surrender of her register, obtained a new register at Jamaica, and 
transferred her there to the three defendants, one of whom was one 
of the four masters by whom she had been surveyed. The vessel was 
got off the sand with considerable difficulty, but very little injured; 
and after some slight repairs, returned to England with a cargo. The 
ship had cost £3700 before she left England, and was little more than 
three years old. 

The owners, being dissatisfied with this sale, brought the present 
action to try its validity ; and, at the trial, it appeared by the evi¬ 
dence of Cook, and of three of the masters who had surveyed the 
ship, that they had paid very little attention to the vessel itself, which 
was never pumped before they made their report; but they swore 
that they thought a sale the most prudent step that could be taken, 
by reason of the difficulty, expense, and hazard, of removing her from 
her situation, and the little resources that Cook had for such a pur¬ 
pose. The plaintiffs contended that the master of a ship could not 
dispose of her in any case; or that, admitting him to have this power 
in a case of absolute necessity, this necessity did not exist in this 
instance, and the whole transaction was a gross fraud. 

Lord Ellenborough, C. J. offered to reserve the question of the 
master’s power to sell under any circumstances , for the consideration 
of the court, if the verdict should render that point material; and 
stated his own opinion to the jury to be, that “ although the master 
had no general authority to sell, he had an implied authority, in cases 
of extreme necessity , to act for the benefit of the concern, exercising 
a sound discretion, such as the owner himself would exercise if he 
were upon the spot; and that, in extreme cases , and such only , he had 
a power to sell, as in the instance of a wreck which could not be got 
oft* and ought not to be left to perish absolutely. His lordship de¬ 
sired the jury to consider, whether, in this case, there was such a 
necessity as would have induced the owner himself to sell, if he had 
been present; and, if they thought there was a necessity, then, whe¬ 
ther the sale in this instance, was fraudulent.” The jury found a 
verdict for the plaintiffs. 

The deputy naval officer noticed in the preceding case, is the de¬ 
puty of an officer appointed by the governor of the colony, to receive 
an account of ships and cargoes upon arrival; and, in the course of 
the trial, no regard was paid to his.authority; as it appears that his 
situation gives him no manner of jurisdiction on such a subject. In 
commenting upon the evidence, the Chief Justice adverted particu¬ 
larly to the circumstance of one of the surveyors having bid at the 
sale, and another became a purchaser before the ship left the island. 
He added that it might be a useful lesson to teach such persons, that, 
by accepting the office of surveyor, they elected, not to become pur- 
chaserSy and not to derive any benefit from a sale. 

At a subsequent trial, Andrews v. Glover , (see Abbott, 9.) Sittings 
after Trinity Term, 46 Geo. III. at Guildhall, before Lord Ellenbo¬ 
rough, C. J. brought to recover the value of a ship which had been, 

c 2 


20 


MASTERS OF SHIPS. 


in like manner, condemned and sold at Tobago, as incapable of re¬ 
pair, and in which also the plaintiff succeeded, the Chief Justice said, 
that “ he considered a proceeding of this sort not as the sentence of 
a court, pronounced for the captors of a captured vesssel, but rather 
as the inquisition of a sheriff, for the purpose of information to those 
who, under certain circumstances, have the power of selling the ship. 
Such an inquisition is not conclusive upon the party whose property 
is in question, but the facts on which the condemnation proceeds, 
may be again litigated in this country, by any of the parties interested 
in disputing them.” 

In reviewing the subject of “ the sale of ships,” by masters and 
captains, and observing upon the legal difficulties with which such 
sales are environed, the hypothecation of ships has been noticed. 
This, therefore, seems the proper place for the introduction of some 
remarks upon that particular kind of transaction. To hypothecate a 
ship, then, is to pawn or pledge the same for necessaries; and is a 
power which, from the necessity of the case, the master possesses in 
a greater, or less restricted degree, by the laws of all commercial 
maritime countries. According to our law, the hypothecation by a 
master is limited ; first, to the case of the vessel being in a foreign 
country, or in the course of her voyage thither, and not in the place 
of her owner’s residence; and secondly , tc instances of necessity. The 
former of these limitations, however, has received a liberal construc¬ 
tion, and the latter a more strict one. 

Thus, in the case of Menetone v. Gibbons, (3 T. R. 267.) Ireland 
was held to be a foreign country, so far as to justify the hypotheca¬ 
tion of a ship, the other circumstances being regular. And in an¬ 
other case, in the Admiralty Court, (see 4 Rob. 1.) a similar opinion 
was supported with respect to the island of Jersey, for similar pur¬ 
poses. 

The authority of hypothecation in the abstract, is so well ascer¬ 
tained and understood, that it is unnecessary to adduce decisions to 
confirm it, but some collateral adjuncts to, or corollaries from, the 
abstract right, may require some elucidation. For example, accord¬ 
ing to the very nature of hypothecation, the owners are never person¬ 
ally responsible j but the remedy of the lender is against the master 
and the ship only. This, however, proceeds upon the supposition of 
the security being a common hypothecation bond; for there is no¬ 
thing to prohibit a master from giving an additional, or supplementary 
security upon his owners. But in such case, there can be no mari¬ 
time interest recovered upon the security which is without maritime 
risk. (See Sampson v. Braginton, 1 Vesey, 443.) 

Nor has a master authority to hypothecate the ship and freight only, 
but under particular circumstances, as when the charge for repairs, 
&e. exceeds the value of the vessel, the cargo also. But this autho¬ 
rity must not be exercised beyond the strict necessity of the occasion. 
The law on this point is minutely laid down in the instance of the 
ship Gratitudine, (3 Rob. 246.) And see Freeman v. East India 
Company, 5 Barn. & Aid. 617. recognised afterwards in the case of 
Morris v. Robinson , 3 Barn. & Cress. 196, and Cannan v. Meaburn, 
(1 Bingham, 243.) The conclusion from the judgment in these cases is 
clearly this; viz. that the authority of a master to hypothecate every 
thing placed under his care, so far as may be necessary for the safety 
of the ship, and advantage of the voyage, is unquestionable, but that 
such authority is only commensurate with the real and actual neces - 


MASTERS OF SHIPS. 


21 


sity ; and, therefore, that though he may be under a necessity of sell¬ 
ing the whole cargo, it can seldom happen that the sale of more than 
a portion of the whole can be requisite, and that if not requisite, all 
that is sold beyond the portion necessary for repair , and the general 
advantage , is illegally sold, and hypothecation cannot be supported 
further than this. 

When a master sells goods under these circumstances, the under¬ 
writer is not answerable for the loss. 2 Barn & Cress. 7. 

Bills of Lading 

A bill of lading is a writing wherein masters of ships acknowledge 
the receipt of goods on board, and oblige themselves to deliver the same 
in good order and condition at the place whither they were consigned. 
There must always be three made out, and in England they are to be 
on stamped paper, otherwise they are invalid; of which one should be 
remitted, by the first post after signing, to the person the goods go to ; 
another be sent him by the ship ; and the third remain with the ship¬ 
per : besides which, a fourth should be made out, on an unstamped 
paper, to be given to the master for his government. 

The Form of a Bill of Lading. 

W. B. 1 SHIPPED, in good order, by A. B. merchant, in and upon the good 
No. 1. a. 10. / ship called whereof C. D. is master, now riding at 

anchor in the river Thames, and bound for Alicante, in Spain, ten 
bales, containing fifty pieces of broad cloth, marked and numbered as 
per margin; and are to be delivered in the like good order and condi¬ 
tion, at Alicante aforesaid, (the act of God , the king's enemies, fire, and 
all and every other dangers and accidents of the seas, rivers, and navi¬ 
gation, of whatever nature arvd kind soever, save risks of boats, so far as 
ships are liable thereunto, excepted ,) unto E. F., merchant there, or to 
his assigns, he or they paying for the said goods 

per piece freight, with primage and average accustomed. In witness 
whereof, I, the said master of the said ship, have affirmed to three bills 
of lading, of this tenour and date ; the one of which bills being accom¬ 
plished, the other two to stand void. And so God send the good ship 
to her desired port in safety ; Amen. 

Dated at London. 

The difference between a bill of lading and a charter-party is, that 
the first is required and given for a single article, or more, laden on 
board a ship that has sundry merchandise shipped for sundry accounts ; 
whereas a charter-party is a contract for the whole ship. Bills of 
lading ought to be signed by the master within twenty-four hours after 
the delivery of the goods on board. But, upon delivery of the goods, 
the master, or other person officiating for the master in his absence, is 
to give a common receipt for them, which is to be delivered up, upon the 
master signing the bill of lading. 

Upon delivering the goods at the port of destination to the shipper’s 
factors or assigns, giving up the bill of lading sent to the factors or 
assigns is a sufficient discharge, but the master may insist on a receipt. 

Bills of lading are, transferable and negotiable by the custom of 
merchants. And there is no distinction between a bill of lading in¬ 
dorsed in blank, and an indorsement to a particular person. 

A bill of lading is negotiated and transferred by the shipper’s in¬ 
dorsement ; and when such bill of lading is transmitted from abroad, 
it is usual for merchants to accept bills in consequence, before the 
arrival of the goods. 


22 


MASTERS OF SHIPS. 


Where several bills of lading of different import were signed, no 
reference is to be had to the time when they were signed by the captain ; 
but the person who first gets legal possession of one of them, by 
delivery from the owner or shipper, has a right to the consignment; 
and though there may be a difference on the face of them, if the captain 
have acted bona fide, a delivery according to such legal title will dis¬ 
charge him from them all. 

The usual clause in a bill of lading engaging the master of the ship 
to deliver the goods to the consignee or his assigns, he or they paying 
freight for the said goods, is introduced for the benefit of the master 
only, and not for that of the consignee; and therefore the master is not 
bound to the consignor to withhold the delivery of the goods unless the 
consignee or his assigns pay the freight. 

When there is the least reason to suspect the quantity is not right, 
or that there is any damage in the goods, always write, 

(If hemp, flax, bars of iron, &c.) 

Quantity and conditions unknown; and three bundles of hemp in 
dispute: if on board , to be delivered. Thomas Smith. 

(If linen, yarn, bales, hardware, &c) 

Insides and contents unknown to Thomas Smith. 

(If tar, wines, brandy, turpentine, &c.) 

Contents and conditions unknown; not to be accountable for leak¬ 
age : and it is agreed that the freight shall be paid for the quantity 
shipped. Thomas Smith. 

By 55 Geo. III. c. 184, the stamp-duty for bills of lading, of or for 
any goods, merchandise, or effects to be exported or carried coastwise 
is three shillings. 

Purification of vessels. —This being a matter of great importance in 
case of fever or sickness appearing on board ships, the means of puri¬ 
fying them from bad and infectious air will be given in the chapter on 
Quarantine. See Part I. Chap. V. 

For what relates to masters on the subject of loss by pilots, see 
Part I. Chap. V. 


See also next chapter, Seamen. 



SEAMEN 


23 


CHAPTER III. 

SEAMEN AND SEAMEN’S WAGES, IMPRESSING, &c. 


1. Master to agree in writing with his seamen. —No master is to 
proceed on any voyage, for parts beyond the sea, without first coming to 
agreement in writing, with his mariners, for their wages ; if he do so, 
he shall forfeit, for every mariner so taken without written agreement, 
£b .—2 Geo. II. c. 36. § 1. (made perpetual by 2 Geo. III. c. 31.) This 
contract must specify the precise wages, and the voyage itself for which 
the contract is made, and it must be signed by the seaman within three 
days after he shall have entered himself on board the ship. This 
contract is exempt from the necessity of being under seal, and there¬ 
fore, even if sealed, must be sued upon as a mere agreement, not as a 
deed. 5 Esp. N. P. C. 83. 

2. —Every seaman, who ships himself on board a merchant ship for 
any voyage, shall be obliged to sign an agreement for wages within 
three days. 2 Geo. II. c. 36. § 2. In this agreement, it is proper to 
observe, a clause is always inserted which gives to the master a right 
of punishing for offences against necessary discipline in the ship, and 
for vice and immorality of all kinds. This has been decided to give 
similar powers of personal correction, as those which masters have 
over their apprentices ; but at the same time to be limited as to extent 
by the same analogy, and to be within the bounds of moderation. 
Watson v. Christie , 2 B. & P. 224. 

3. No memorandum or agreement made between the master and 
mariners of any ship or vessel for wages or service, on any voyage 
in such ship, &c. shall be charged with a higher stamp duty than two 
shillings. 7 and 8 Geo. IV. c. 56. § 17. 

4. Deserting. —If any seaman desert or refuse to proceed on the 
voyage, after signing such contract, he shall forfeit to the owners all the 
wages due to him. If any such seaman absent himself from such ship 
after signing, the master may apply to any justice for a warrant to ap¬ 
prehend him, and if he shall refuse to proceed on the voyage, without 
sufficient reason, the justice shall commit him to the house of correction. 
2 Geo. II. c. 36. §3 and 4. 

5. Absent without leave .—If any seaman absent himself from the 
vessel to which he belongs without leave, he shall, for every day’s ab¬ 
sence, forfeit two days* pay to the use of Greenwich Hospital. 2 Geo. II. 
c. 36. § 5. 

6. To be discharged by writing. —If any seaman leave the vessel to 
which he belongs, without receiving his discharge in writing from the 
master, unless he enters into his majesty’s service, he shall forfeit one 
month’s pay. 2 Geo. II. c. 36. § 6. 

7. When wages are to be paid. —On arrival in Great Britain, the 
master shall pay the seamen their wages, (if demanded,) in thirty 
days after entry at the custom-house, or at the time the seamen 
shall be discharged, (whichever shall happen first,) deducting there¬ 
from the above-mentioned forfeitures, under the penalty of 20s. 
to every such seaman unpaid. 2 Geo. II. c. 36. § 7. But no sea- 


•24 


SEAMEN. 


man is entitled to recover any extra-wages upon any collateral pro¬ 
mise, beyond the sum stipulated by the articles, (Elseworth- v. Wool- 
more, Abbott, 448,) not even though promised for extraordinary 
exertions when the ship was in danger. (Stilk v. Meyrick, 2 Camp. 
817.) But for the wages due by the agreement, the seamen’s 
claims supersede all others ; for, as was said in one case in the 
admiralty court, “ Wages are sacred liens, and as long as a plank 
remains, the sailor is entitled against all other persons as a security for 
his wages.” 

8. Refusing to defend the ship. —If any mariners or inferior officers 
of any merchant ship shall decline or refuse to defend the ship, or 
utter words to discourage others from doing so, every mariner so be¬ 
having shall lose all his wages, together with such goods as he may 
have in the ship, and suffer imprisonment for a time not exceeding six 
months. And every mariner who shall have laid violent hands on his 
commander, to hinder him from fighting in defence of his ship and 
goods, shall suffer death as a felon. 16 Car. II. c. 6. and 22 & 23 Car. 
II. c. 11. 

9. Masters to deduct out of seamen's wages forfeitures to Greenwich 
Hospital. —The master of every vessel is required to keep a regular 
account of the penalties and forfeitures due to Greenwich Hospital by 
the mariners’ disobedience; to deduct the same from their wages, and 
to pay the amount thereof to the collector of the Greenwich Hospital 
duty, within three months after such deduction, upon pain of forfeiting 
treble the value thereof to the use of the said hospital. 2 Geo. II. c. 36. 
§ 9. 

10. Wilfully destroying the ship. —If any master, mariner, &c. shall 
wilfully cast away, burn, or destroy his ship, or procure the same to be 
done, he shall suffer death as a felon. 43 Geo. III. c. 113. 

11. Running away with the ship. —This offence is made also a 
capital felony by 11 & 12 W. III. c. 7, and 6 Geo. I. c. 19.* 

12. Negligence of mariners. —Masters may reimburse themselves out 

of the wages of their mariners for losses happening by their neo-lio-ence 
(Raym. Rep. 650. 1 Bos. Pul. 347.) ° 

ABSTRACT of an ACT for the better Regulation and Government of 

Seamen employed in the Coasting Trade of this Kingdom. 31 Geo 

III. c. 39. 

1. Masters must enter into agreements with seamen. —From the 1st 
day of July, 1791, it shall not be lawful for any master of any vessel 
trading from and to any port in Great Britain, to carry out to sea any 
seaman or mariner (except apprentices) without having before entered 
into agreement in writing with such seaman or mariner, to be signed as 
well by such master as by such seaman, for the wages which such sea¬ 
man respectively, during the voyage or voyages, or during the time he 
shall have contracted or entered himself for ; which contract or ao-ree- 
ment shall declare what wages each seaman is to have, and when the 
same shall be payable, and for what time, or for what voyage or voyages 
such seaman shall have contracted or entered himself, every such aoree- 
ment or agreements to be in force at the time of proceeding to sea on 
any such voyage; and, in case any such master shall carry out to open 
sea any seaman (except apprentices) upon any such voyage by open 
sea, without having first entered into such agreement, such master 


* See also 58 Geo. III. c. 38. § 1. 




SEAMEN. 


25 


shall forfeit the sum of £b for every such seaman, to the use of Green¬ 
wich hospital, to be recovered upon information, on the oath of one or 
more witnesses, before any of his Majesty’s justices of the peace of any 
place of Great Britain where such ship or vessel shall depart from, 
or come-to in, during such voyage. § 1. 

Seamen to subscribe agreements. —Every seaman, entering himself 
on board any such ship, shall subscribe his signature or mark to such 
agreement at the time of his so entering himself; which agreement, 
after the same shall be so subscribed by such seaman, and signed by the 
master, shall be conclusive and binding to all parties for and during the 
time or times so agreed or contracted for, to all intents and purposes. § 2. 

Seamen not so proceeding on the voyage. —In case any seaman, 
after he shall have entered into such agreement, shall neglect or refuse 
to proceed on the intended voyage or voyages for which he shall have 
entered, upon which such ship shall be destined to proceed, every such 
seaman shall forfeit, to the owner thereof, all such wages as shall be due 
to him at the time of his so neglecting or refusing to proceed : and, 
upon complaint made of the same to any of his Majesty’s justices of the 
peace within their respective jurisdictions, by the master or owner, such 
justice shall cause such seaman to be apprehended ; and in case such 
seaman shall refuse to proceed, and shall not give a sufficient reason 
for such refusal, to the satisfaction of such justice, then such seaman 
shall be committed to the house of correction, there to be kept to hard 
labour for any time not exceeding thirty days, nor less than fourteen 
days. § 3. [See also 45 Geo. III. c. 81.] 

Seamen absenting themselves. —In case any seaman, after having 
entered into such agreement, shall wilfully absent himself from the ship 
to which he shall belong, before the voyage or voyages agreed upon, 
or upon which such ship shall have proceeded, shall be completed, or 
the cargo of such ship delivered, or before the time for which he shall 
have contracted or entered shall be expired, every such seaman shall, 
for every day he shall be so absent from his said ship, forfeit two days* 
pay to the use of Greenwich hospital; and in case any seaman, not 
entering into the service of his Majesty, shall totally leave or quit his . 
said ship before the voyage or voyages agreed upon, or upon which such 
ship or vessel shall have proceeded, shall be completed, and the cargo 
of such vessel delivered, or before the expiration of the time for which 
he shall have contracted or entered, or before such seaman shall have 
a discharge in writing from the master or commander, such seaman, so 
leaving or quitting such ship or vessel, shall forfeit one month’s pay. § 4. 

Payment of wages. —The master of any ship employed in trading 
coastwise, and contracting with any seaman to perform any such 
voyage, shall pay to every such seaman belonging to such ship his 
wages, (if demanded,) within five days after such ship shall have 
entered at the custom-house, or the cargo shall be delivered, or at the 
time the said seaman shall be discharged, which shall first happen, 
unless an agreement shall have been made or entered into to the con¬ 
trary: in which case, the wages of such seaman shall be paid in terms of 
such agreement, after deducting the penalties and forfeitures by this act 
imposed, upon pain of forfeiting to each seaman, to whom payment of 
wages shall not have been made according to this act, the sum of 20s. § 5. 

Wages recoverable in the usual manner. —No seaman, by entering 
into such agreement, shall be deprived of using any means or methods 
for the recovery of wages against any ship, or the master or owners 


26 SEAMEN. 

thereof, which he may now lawfully make use of; and in cases where 
it may be necessary that the agreement aforesaid should be produced 
in court or elsewhere, no obligation shall lie on any seaman to produce 
the same ; but such obligation shall lie on the master or the owner of the 
ship for which the wages shall be demanded. § 6. 

Penalties incurred to be deducted from the wages. —The masters 
or owners of any such ships, shall deduct out of the wages of any sea¬ 
man incurring the penalties and forfeitures imposed by this act, when¬ 
ever the same shall be incurred, and enter them into a book to be kept 
for that purpose, and make oath, if required, to the truth thereof; which 
book shall be signed by the said master, setting forth that the penalties 
and forfeitures contained in such book are the whole penalties and 
forfeitures stopt from any seaman by such master: and which penalties 
and forfeitures (except the forfeitures of wages to the owners on any 
seaman’s refusing to proceed on their voyage or voyages) shall be 
applied to the use of Greenwich hospital, and shall be paid and 
accounted for by the masters to the officer of any port or place who shall 
collect the sixpence per month deducted out of the seaman’s wages for 
the use of the said hospital. § 7. 

Penalties payable to Greenwich hospital. —In case any masters or 
owners of any such ships shall deduct out of the wages of seamen any 
of the said penalties and forfeitures for the use of Greenwich hospital, 
and shall not pay them within three months after such deduction, they 
shall forfeit treble the value thereof to the use of the said hospital. § 8. 

In agreement for the voyage , how such penalties are proportioned. 
— In all cases where the said seamen shall contract for wages by 
the voyage, and not by the month, or other stated period of time, 
the penalties and forfeitures aforesaid shall be ascertained in manner 
following, (that is to say,) if the whole time spent in the voyage shall 
exceed one lunar month, one month’s pay shall be deemed to be a sum 
of money bearing the same proportion to the whole wages as a lunar 
month shall bear to the whole time spent in the voyage : and, in like 
manner, two days’ pay shall be deemed to be a sum of money bearing 
the same proportion to the whole wages as two days shall bear to the 
whole time spent in the voyage: and, if the whole time spent in the 
voyage shall not exceed one lunar month, one month’s pay shall be 
deemed a forfeiture of the whole wages contracted for: and, if such 
time shall not exceed two days, the forfeiture of two days’ pay shall be 
deemed a forfeiture of the whole wages contracted for. § 9. 

Agreement not liable to stamp-duties. —Agreements, to be made 
by virtue of this act, shall not be liable to any stamp-duties whatever; 
and nothing herein contained shall extend to any ship or vessel, unless 
of the burden of 100 tons or upwards, and shall go to open sea. Any 
seaman, belonging to any such ship, may enter on board any of his 
Majesty’s ships or vessels, nor shall such seaman or mariner, for such 
entry, forfeit the wages due to him, nor shall such entry be deemed a 
desertion. § 10. 


SEAMEN. 


27 


45 Geo III. c. 81. 

An Act to amend an Act made in the tlvirty-Jirst year of his present 
Majesty, for the better Regulation and Government of Seamen em¬ 
ployed in the Coasting Trade. 

For better enforcing the provisions respecting the agreements of 
seamen, made in an act passed in the thirty-first year of his pre¬ 
sent Majesty’s reign, intituled, “ An Act for the better Regulation 
and Government of Seamen employed in the Coasting Trade of this 
Kingdom,” be it enacted, that in case any seaman or mariner, after he 
shall have entered into any agreement as mentioned in the said act, 
shall neglect or refuse to proceed on the intended voyage for which he 
shall have entered, or upon which any ship, trading coastwise , shall be 
destined to proceed, it shall and may be lawful, upon complaint made 
thereof to any justice of the peace within the respective jurisdiction, by 
the master or owner of the ship to which such seaman so belongs, for 
such justice (and he is hereby required) to issue his warrant to appre¬ 
hend such seaman ; and in case such seaman, &c. shall not give suffi¬ 
cient reason for such refusal, to the satisfaction of such justice, then to 
commit such seaman, &c. to the house of correction, there to be kept 
to hard labour for any time not exceeding thirty days, nor less than 
fourteen days. 


37 Geo. III. c. 73. 

An Act for preventing Desertion of Seamen from British Merchant 
Ships trading to his Majesty s Colonies and Plantations in the West 
Indies. 

Seamen deserting forfeit their wages. — Whereas seamen and 
mariners, after entering into articles to serve on board British mer¬ 
chant ships, during the voyages from Great Britain to the colonies and 
plantations in the West Indies and back to Great Britain, do frequently 
desert from such ships on arrival at such colonies, on account of the 
exorbitant wages given by masters of other ships by the run or gross, 
&c. Be it enacted, that from the first day of July 1797, every seaman, 
mariner, and other person who shall desert at any time during the 
voyage, either out or home , from any British merchant-ship trading to 
or from the West India colonies or plantations, shall, over and above 
all punishments, penalties, and forfeitures, to which he is now by 
law subject, forfeit all the wages he may have agreed for, or be 
entitled to, during the voyage, from the master or owner of the ship on 
board which he shall enter, immediately after such desertion.—But it 
has been decided that a seaman wrongfully dismissed, or obliged to 
leave the ship from bad treatment, is not to be considered as a deserter, 
but will be entitled to his wages. ( Robinet v. Exeter , 2 Rob. 261.) § 1. 

Masters hiring seamen who have deserted. —Every master of any 
British merchant-ship, who shall hire or engage to serve on board his 
ship any seaman, &c. who shall, to the knowledge of such master, have 
deserted from any other ship, shall forfeit and pay ,£100. § 2. 

Upon what terms seamen may be hired in the West Indies .— 
No master or commander of any merchant-vessel shall hire or engage 


28 


SEAMEN. 


any seaman, &c. at any port or place in the West Indies, to serve on 
board any such merchant vessel, at greater wages than double of the 
monthly wages contracted for with the seamen, &c. hired to serve on 
board such vessel at the time of her then last departure from Great 
Britain, being in the same degree and station as such seaman, &c. 
unless the governor, chief magistrate, collector, or comptroller of such 
port or place, shall think that greater wages ought to be given, and 
shall accordingly authorize the same to be given, by writing under his 
bnnd. And all contracts, bonds, bills, notes, and other securities, pro¬ 
mises, and undertakings, made contrary hereto, shall be null and void 
to all intents and purposes; and every person who shall make or enter 
into any such contract, &c., or who shall hire or procure to be hired 
any seamen, &c. to enter on board any vessel contrary hereto, or who 
shall pay, or procure to be paid or given, any greater wages, or other 
gratuity or advantage whatsoever, to or for any seamen, &c. as afore¬ 
said, than is allowed by this act, shall, for every such offence, forfeit 
£ 100 . § 3 , 

The 4th section, respecting apprentices, was repealed by 4 Geo. IV. 
c. 25. 

The 5th section, requiring the master to deliver lists of certain par¬ 
ticulars, is repealed by 6 Geo. IV. c. 105. 

No seaman entitled to greater wages than herein authorized. —No 
seaman, mariner, or any other person, who shall, at any port or place 
in the West Indies, engage himself to serve, or who shall enter on 
board any merchant-vessel which shall sail from Great Britain after the 
first of July, 1797, shall be entitled to receive any greater wages or 
hire, or other gratuity or advantage whatsoever, than such wages or 
hire as hereinbefore authorized. § 6. 

JVages of dead men. —The wages due to any seaman, mariner, or 
other person hired or engaged on board any British merchant-ship for 
any voyage from any port in Great Britain to any port in the West 
Indies, and who has died on board during the voyage, shall, within 
three calendar months after arrival in Great Britain, be paid to the 
receiver of the sixpenny duty for Greenwich hospital, to the use of the 
executor or administrator; and if any master shall neglect or refuse 
to pay the same to the said receiver, he shall pay for every such offence, 
<*£50; and also double the amount of the wages due. And if the 
said wages be not lawfully demanded of the said receiver within 
three years of the payment thereof to him, they shall be forfeited 
to the seamen’s hospital of the port to which such ship belongs; but, 
in case there should be no seamen’s hospital at that port, then to the 
use of the old and disabled seamen of the same port, and their 
families, to be distributed at the discretion of the magistrates for the 
county where such port shall be situate, or any two or more of them. 
§ 7 , 8 . 

Disposition of penalties. —The penalties and forfeitures given by 
this act shall be paid and applied thus : one-third part to Greenwich 
hospital; one-third part towards the support of the seamen’s hospital 
at the port to which the ship or vessel, in respect of which the for¬ 
feiture shall arise, belongs ; but in case there shall be no seamen’s 
hospital at that port, then to and for the benefit of the old and dis¬ 
abled seamen of the same port and their families; to be distributed 
at the discretion of the persons having the direction of the merchant- 
seamen’s fund at such port; or, in case there shall be no establishment 
there, by the magistrate or overseer of the poor of such port; and the 


• SEAMEN. 29 

other third part thereof to and for the person or persons who shall 
inform and sue for the same. § 9. 

Exemption of certain cases.— Nothing in this act shall extend to 
any agreement made with any seaman, &c. hired in the West Indies, 
who shall, at the time of such hiring, deliver to the master of such 
merchant-vessel a certificate, under the hand of the master of the vessel 
on board of which such seaman, &c. had then last served, signed in 
the presence of one witness or more, stating their usual place of abode, 
and thereby certifying that such seaman, &c. had been duly discharged 
from the vessel on board which he had so last served ; and which cer¬ 
tificate the said master shall grant within three days next after applica¬ 
tion made to him by such seaman, &c. before a witness : or, in default 
thereof, shall forfeit £20. Nor shall this act extend to any agreement 
to be made with any person hired or engaged to serve on board any 
merchant-vessel which, through necessity, or on account of any 
hazardous service or extraordinary duty, require such agreement to be 
made, and more wages given, and of which proof shall be made on 
oath before the chief magistrate or principal officer of any port or place, 
or before any justice of the peace of the said colonies or plantations; 
and provided also, that such person so hired shall not have deserted 
from the vessel on board of which he had then last served ; and pro¬ 
vided also, that no greater wages shall be given or received except in 
case of such necessity, very hazardous service, or extraordinary duty as 
aforesaid, then after the rate of double the monthly wages, or the wages 
. to be settled by any governor, chief magistrate, collector, or comptroller, 
as hereinbefore directed. § 10. 

Articles to be entered into .—From the 1st July, 1797, the articles to 
be entered into by and between the masters, seamen, and mariners of 
such merchant-ships, shall be agreeably to the following purport and 
effect. §11. 

Ship 

IT is hereby agreed between the master, seamen, and mariners of the ship 
now bound for the port of and the master or commander of 

the said ship, That, in consideration of the monthly or other wages against each re¬ 
spective seaman or mariner’s name hereunto set, they severally shall and will perform 
the above-mentioned voyage : and the said master doth hereby agree with and hire the 
seamen and mariners for the said voyage at such monthly wages, to be paid pursuant 
to the laws of Great Britain; and they, the said seamen and mariners, do hereby pro¬ 
mise and oblige themselves to do their duty, and obey the lawful commands of their 
officers on board the said ship or boats thereunto belonging, as become good and faith¬ 
ful seamen and mariners, and at all places where the said ship shall put in or anchor 
during the said ship’s voyage, to do their best endeavours for the preservation of the 
said ship and cargo, and not to neglect or refuse doing their duty by day or night; nor 
shall go out of the said ship on board any other vessel, or be on shore under, any pre¬ 
tence whatsoever till the voyage is ended, and the ship discharged of her cargo, with¬ 
out leave first obtained of the master, captain, or commanding officer on board ; and, 
in default thereof, they freely agree to be liable to the penalties mentioned in the act of 
parliament, made in the second year of the reign of king George the Second, intituled, 
“ An act for the better regulation and government of seamen in the merchants’ ser¬ 
vice and the act made in the thirty-seventh year of the reign of king George the 
Third, intituled, “ An act for preventing the desertion of seamen from British mer¬ 
chant-ships trading to his Majesty’s colonies and plantations in the West Indies.” And 
it is further agreed by the parties to these presents, that twenty-four hours’ absence 
without leave shall be deemed a total desertion, and render such seamen and mariners 
liable to the forfeiture and penalties contained in the acts above recited ; and each and 
every lawful command which the said master shall think necessary to issue for the 
effectual government of the said vessel, suppressing immorality and vice of all kinds, be 
strictly complied with under the penalty of the person or persons disobeying, forfeiting 
his or their whole wages or hire, together with every other thing belonging to him or them 
on board the said vessel: and it is further agreed, that no officer or seaman, or person 


30 


SEAMEN, 


belonging to the said ship, shall demand or be entitled to his wages, or any part thereof, 
until the arrival of the said ship at the above-mentioned port of discharge, and her 
cargo delivered, nor less than twenty days, in case the seamen are not employed in the 
delivery: and it is hereby farther agreed between the master and officers of the said 
ship, that whatever apparel, furniture, and stores, each of them may receive into their 
charge, belonging to the said ship, shall be accounted for at her return ; and in case 
any thing shall be lost or damaged through their carelessness or insufficiency, it shall 
be made good by such officer or seaman, by whose means it may happen, to the master 
and owner of the said ship: and whereas it is customary for the officers and seamen, 
on the ship’s return home in the river, and during the time their cargoes are delivering, 
to go on shore each night to sleep, greatly to the prejudice of such ship and freighters; 
be it farther agreed by the said parties, that neither officer nor seaman shall, on any 
pretence whatsoever, be entitled to such indulgence, but shall do their duty by day in 
discharge of the cargo, and keep such watch by night as the master or commander of 
the said ship shall think necessary, in order for the preservation of the above: and 
whereas it often happens that part of the cargo is embezzled after being delivered into 
lighters ; and, as such losses are made good by the owners of the ships, be it therefore 
agreed, by these presents, that whatever officer or seaman the master shall think proper 
to appoint, shall take charge of the cargo in the lighters, and go with the same to the 
lawful quay, and there deliver his charge to the ship’s husband, or his representative, 
or see the same safely weighed at the King’s beam; and, in consequence of their true 
fidelity, such seamen shall be entitled to 2s. 6d. each lighter, exclusive of their monthly 
pay; and should it so happen that lighters are detained any considerable time at the 
quay before they can be unloaded, such officer and seaman so appointed shall in that 
case be entitled to 2s. 6d. for every twenty-four hours, exclusive of their monthly pay: 
that each seaman and mariner, who shall well and truly perform the above-mentioned 
voyage, (provided always, that there be no plunderage, embezzlement, or other unlaw¬ 
ful acts, committed on the vessel’s cargo or stores,) shall be entitled to their wages or 
hire that may become due to him, pursuant to this agreement; that, for the due 
performance of each and every the above-mentioned articles and agreements, and 
acknowledgment of their being voluntary and without compulsion, or any other clan¬ 
destine means being used, the said parties have hereunto subscribed their names, the 
day and month set opposite to their respective names. 


Place and 
Time of 
Entry. 

Men’s 

Names. 

Quality. 

Witnesses 
to each 
Man’s 
signing. 

Pay in the River. 

Wages per 
Month, or 
for the 
Voyage. 

Whole 

Wages. 





Whole. 

Half. 




4 Geo. IV. c. 25. 

An Act for regulating the Number of Apprentices to be taken on board 
British Merchant Vessels ; and for preventing the Desertion of 
Seamen therefrom. 

Whereas by an act passed in the thirty-seventh year of the reign of 
his late Majesty King George III., intituled, “An Act for preventing 
the Desertion of Seamen from British Merchant Ships trading to his 
Majesty’s Colonies and Plantations in the West Indies,” it is enacted, 
that every master of any merchant ship trading to his Majesty’s colonies 
and plantations in the West Indies, shall have on board his ship, at the 
time of such ship clearing out from Great Britain, one apprentice who 



















APPRENTICES. 


31 


shall be under the age of seventeen years, duly indented for three years, 
for every 100 tons admeasurement of such ship, and so in proportion 
Ibr every 100 tons which such ship shall admeasure, according to the 
certificate of registry: and whereas it is expedient to repeal the said 
provisions; and so much of the said act is repealed accordingly. § 1. 

Number of apprentices to be proportioned to the tonnage .— 
After the 1st day of January, 1824, every master of any merchant 
ship, exceeding the burthen of eighty tons, shall have on board his ship, 
at the time of such ship clearing out from any port of the United 
Kingdom called Great Britain, one apprentice or apprentices, in the fol¬ 
lowing proportion to the number of tons of her admeasurement, accord¬ 
ing to the certificate of registry; that is to say, for every ship or vessel 

Exceeding 80 tons and under 200 . . . one, at least. 

Of 200 ,, 400 . . . two „ 

Of 400 „ 500 . . . three ,, 

Of 500 ,, 700 . . . four ,, 

Of 700 and upwards.five ,, 

Who shall, at the period of being indentured, respectively be under the 
age of seventeen years : provided that every apprentice so to be employed 
on board any ship or vessel, as above described, shall be duly indented 
for at least four years ; and the indenture or indentures of every such 
apprentice shall be duly enrolled with the collector and comptroller at the 
custom-house of the port from whence any such ship or vessel shall first 
clear out after the execution of such indenture or indentures. § 2. 

No higher duty than 2s. to be charged upon the indenture of 
any apprentice bound to serve at sea in the merchant service. 
7 and 8 Geo. IV. c. 56, § 17. 

Nothing in this act contained shall extend to alter or in anywise 
affect any act now in force, and not amended or repealed by this act, 
whereby any ships are required to have on board apprentices, and that 
such apprentices as shall be on board any ships conformably to the rules 
and regulations of any such act shall be counted, deemed, and reckoned 
in the number required by this act. § 3. 

Apprentices exempted from impressment. — Every apprentice so 
enrolled shall be and is hereby exempted from serving in his Majesty’s 
navy, until he shall have attained the age of twenty-one years, provided 
he is regularly serving his time either with his first master or ship¬ 
owner, or some other master or ship-owner to whom his indentures shall 
have been regularly transferred ; and every owner or master neglecting 
to enrol such indenture or indentures as aforesaid, or who shall suffer 
any such apprentice to leave his service, except in case of death or 
desertion, sickness, or other unavoidable cause, to be certified in the log¬ 
book, after the vessel shall have cleared outwards on the voyage upon 
which such ship may be bound, shall for every such offence forfeit and 
pay the sum of 10/., to be paid in manner following, that is to say, 
one moiety by the owner of such ship, and the other moiety by the 
master thereof, to be levied, recovered, and applied in manner herein¬ 
after mentioned. § 4. 

Apprentice may be employed in any other ship of his master .— 
Every person to whom sucli apprentice shall have been bound may 
employ him at any time in any vessel of which such person may be 
the master or owner ; and may also, with the consent of such appren¬ 
tice, if above the age of seventeen, and if under that age, with the con¬ 
sent of his parents or guardians, transfer the indentures of such appren- 




32 


SEAMEN. 


tice, by endorsement thereon, to any other person who may be the 
master or owner of any registered ship or vessel. § 5. 

No stamp-duty shall be charged on any such transfer by endorse¬ 
ment. § 6. 

Mates of ships exempt from impressment. —And be it further 
enacted, that the first mate of every ship exceeding the burthen of 
eighty tons, and the first and second mate of every vessel exceeding 
300 tons burthen, shall he exempt from being imprest to serve in his 
Majesty’s navy, provided they are regularly entered as such upon the 
articles entered into by and between the master, seamen, and mariners 
of such merchant ship or vessel. § 7. 

Application of penalties. —The forfeiture given as above by this 
act shall be paid and applied in manner following; that is to say, one- 
third part thereof towards the support of Greenwich hospital; one- 
third part thereof towards the support of the seamen’s hospital at the 
port to which the ship in respect of which the forfeiture shall arise be¬ 
longs ; (but in case there shall be no seamen’s hospital at the port to 
which such ship belongs, then to and for the use and benefit of the old 
and disabled seamen of the same port and their families, to be distri¬ 
buted at the discretion of the persons having the direction of the 
merchant seamen’s fund at such port, or in case there shall be no such 
establishment there, by the magistrates or overseers of the poor of such 
port;) and the other third part thereof to the person who shall inform 
and sue for the same; and that such forfeiture shall be recovered upon 
information on the oath of one or more witnesses before any justice of 
the peace, in any part of the United Kingdom, who shall not reside 
more than ten miles from the place of abode of the person or persons 
complained of, which justice is hereby authorized and required to issue 
out his warrant to bring before him every person charged with any 
offence under this act; and in case he or they shall refuse or neglect to 
pay such penalties or forfeitures as aforesaid, to issue his warrant to 
levy the same by distress and sale of the offender’s goods; and in case 
no distress can be found, to commit the offender or offenders to the 
common gaol at the city, town, or place within the jurisdiction of such 
respective justice, there to remain for the space of three calendar months , 
or until he or they shall pay the same. § 8. 

Deserters to forfeit wages.—And whereas the laws now in force 
for the prevention of the desertion of persons composing the crews of 
merchant ships in foreign parts, have been found ineffectual for that 
object , and further provision is therefore necessary ; be it enacted, that 
from the 1st day of January, 1824, if any person belonging to the crew 
of any registered ship shall desert from the said ship during the 
absence of such ship from this kingdom, contrary to the articles of 
agreement entered into with the master of such ship, every such person 
so deserting shall not only forfeit whatever wages may be due to him 
for his services on board of the ship from which he may have so de¬ 
serted, but shall also forfeit whatever wages shall be due or have been 
agreed to be paid to him by or from the owner or master of any ship in 
the service whereof such person may have engaged on the voyage 
back to this country. § 9. 

Application of forfeited wages .—The wages which shall have be¬ 
come forfeited for desertion as aforesaid shall be applied in the fol¬ 
lowing manner; videlicet , to the reimbursement, in the first place, 
of the expenses thereby occasioned to the owner or master of any 
ship from which the said seamen shall have so deserted ; the re- 


SEAMEN. 


33 


mainder to be divided in equal proportions between Greenwich hos¬ 
pital, and the hospital for sick and diseased seamen which may have 
been established at the port at which the vessel belongs from which 
such person shall have so deserted; and in case that no such hospital 
shall have been established at the port, then the whole of the sum for¬ 
feited, after deducting the expenses of the owner or master of such ship 
or vessel as aforesaid, shall be paid to and for the use of Greenwich 
hospital. § 10. 

Wages to be paid over to Greenwich hospital .—In every case of 
desertion it shall be lawful for the owner or master of any ship or 
vessel, on board of which any person having so deserted shall have en¬ 
tered for the voyage home, upon receiving notice in writing of the time 
and place of such desertion, from the owner or master of the vessel 
from which such person shall have so deserted, (and such first-men¬ 
tioned owner or master of such ship or vessel is hereby required,) to 
deposit with the treasurer of Greenwich hospital the full amount 
of the wages which had been agreed to be paid to such person 
for the said home voyage, for the purpose of being applied to the 
uses before mentioned, and which sum shall be applied to those 
uses accordingly; provided that such person shall not, within six 
months from the date of such deposit having been made with the trea¬ 
surer of Greenwich hospital as aforesaid, have established his just 
claim thereto before two justices of the peace residing in or near the 
place where such ship shall have ended her voyage, or been cleared at 
the custom-house, or delivered her cargo, or in the High Court of 
Admiralty, or in any court of record in which such person may have 
sued for the same.-— 

Wages unjustly withheld. —In every case in which it shall happen 
that wages are withheld from any person by any owner or master of any 
ship upon the plea of desertion as aforesaid, and such person shall 
within three months from the time when such ship shall have entered 
and reported at the custom-house, establish by the decision of two jus¬ 
tices of the peace as aforesaid, or by the decree of the High Court of 
Admiralty, or of any court of record in which he shall have sued for 
the recovery thereof, that the charge of desertion was false or ill- 
founded, such person shall not only be entitled to double the wages due 
to him, of which the amount deposited in the hands of the treasurer 
of Greenwich hospital shall form a part, but also treble costs, and 
which shall be paid to such person or his lawful attorney, by the 
owner, master, or other person upon whose notice or at whose instance 
the payment thereof shall have been withheld from him, within seven 
days after the fact of his not having deserted shall have been so esta¬ 
blished ; to be certified by the said magistrates, or the court in which 
the decision shall have been pronounced. §11. 

But seamen may enter into the navy. —Provided, that nothing 
in this act contained shall extend or be construed to extend to debar 
any seaman or mariner, belonging to any merchant ship or vessel, from 
entering or being entered into the service of his Majesty, his heirs and 
successors, on board any of his or their ships or vessels; nor shall 
such seaman or mariner, for such entry, forfeit the wages due to him 
during the term of his service in such merchant ship or vessel, nor 
shall such entry be deemed a desertion. § 12. 


D 



34 


SEAMEN. 


Ministers, governors, and consuls to provide for seamen 
wrecked. —By 31 Geo. II. c. 10, § 26, British governors, ministers, and 
consuls, residing in foreign parts, or, where none such are present, any 
two British merchants, are required to provide for seafaring men and 
boys, subjects of Great Britain, who by shipwreck, capture, or other 
unavoidable accident, shall be in foreign parts, or who shall have been 
discharged there as unserviceable from the royal navy, and subsist them 
at 1$. 6cZ. per diem each; and send them home as soon as conveniently 
may be, in any ship belonging to the royal navy, or in any merchant ship. 

Masters of merchant vessels to bring home seafaring persons. —Every 
master of a merchant ship, homeward-bound, is required to take all 
such seafaring persons on board, (not exceeding four to each 100 tons,) 
and bring them to some port in Great Britain. Upon arrival, if he 
produce to the navy-board a certificate from the governors or consuls, 
&c. of the number and names of the men and boys taken on board by 
their directions, and his own affidavit specifying the time during which 
he subsisted them, and whether his own complement of men was full 
or not, he will be paid 1 s. 6d. per diem for the passage and provisions 
of each person above the number of his full complement. § 27. 

58 Geo. III. c. 38. 

An Act to extend and render more effectual the present regulations 
for the relief of seafaring men and boys, subjects of the United King¬ 
dom of Great Britain and Ireland in foreign parts. 

Masters of vessels in foreign ports refusing to take on board seafaring 
men. —Any master having the charge of any merchant ship belonging 
to his Majesty’s subjects, that shall be or arrive in any such foreign parts, 
and be bound from thence to any port in the United Kingdom, and who 
shall be required in writing under the hand or hands of any such 
governor, minister, consul, or merchants, to take on board any such 
seafaring men or boys, being subjects of the said United Kingdom, (not 
exceeding the number mentioned in the said act,) for the purpose of 
carrying and conveying them to the said port in the said United 
Kingdom, and who shall neglect and refuse to take on board or to carry 
and convey them accordingly, shall, for every such offence, forfeit and 
pay the sum of 100/. for each and every such man or boy whom he 
shall so refuse or neglect to take on board, and to carry and convey as 
aforesaid. § 2. 

Masters leaving seamen on shore on account of sickness to leave their 
wages also. —If any master of a merchant vessel belonging to his 
Majesty’s subjects, shall leave any seafaring man or boy on shore at 
any foreign port, on account of sickness or any other inability to 
proceed on the voyage, every such master shall deliver to the governor, 
minister, or consul, if any there, or if not then to two respectable mer¬ 
chants, a true and just account of the wages due to such seafaring man 
or boy, and pay the amount thereof, either in money, or by a bill upon 
the owner or owners of such ship, to such governor, &c. as the case 
may be; and in default of his so doing, or in case of the owner not 
accepting and paying such bill when due, such owner shall be liable to 
an action for the amount, with interest at the rate of 5/. per centum 
per annum, to be brought in any of his Majesty’s courts of record at 
Westminster or Dublin, or in his Majesty’s court of exchequer in Scot¬ 
land, at the suit of the holder or holders of such bill, as for money had 
and received by such owner to his or their use ; but, in case of payment 



SEAMEN. 


35 


of such wages being duly made as required by this act, the same, when 
received by the said governor, &c. as the case may be, shall be applied 
by him or them towards the payment of any hospital expenses of such 
seafaring man or boy as aforesaid, (except the charges for his subsist¬ 
ence,) and also towards the payment of the expenses of clothing, bed¬ 
ding, or other necessaries that may be supplied to him, and the 
remainder (if any) shall be paid to such seafaring man or boy. § 3. 

Masters refusing to deliver such account and pay the same, or deli¬ 
vering a false account, liable to the penalty of 20£. to be recovered, with 
full costs of suit, by any person who will sue for the same. § 4. 

9 Geo. IV. c. 31. 

Assaulting a seaman to prevent him working —If any person shall 
unlawfully and with force hinder any seaman, keelman, or caster from 
working at or exercising his lawful trade, business, or occupation, or 
shall beat, wound, or use any other violence to him, with intent to 
deter or hinder him from working at or exercising the same, every 
such offender may be convicted thereof before two justices of the peace, 
and imprisoned and kept to hard labour in the common gaol or house of 
correction for any term not exceeding three calendar months. § 26. 

Leaving seamen abroad. —If any master of a merchant vessel shall, 
during his being abroad, force any man on shore, or wilfully leave him 
behind in any of his Majesty’s colonies or elsewhere, or shall refuse to 
bring home with him again all such of the men whom he carried out 
with him as are in a condition to return when he shall be ready to pro¬ 
ceed on his homeward-bound voyage, every such master shall be guilty 
of a misdemeanour, and, being lawfully convicted thereof, shall be im¬ 
prisoned for such term as the court shall award. (See 58 Geo. III. 
c. 38, § 1, in page 34.) The mode of prosecution, trial, &c. are to be 
the same as are specified in that section of that act. § 30. 

Offences against this act may be tried and determined as any other 
offences committed within the jurisdiction of the Admiralty of England. 
§32. 


59 Geo. III. c. 69. 

Abstract of an Act to prevent the enlisting or engagement of his 
Majesty’s subjects to serve in foreign service, and the fitting out 
or equipping, in his Majesty’s dominions , vessels for warlike purposes, 
without his Majesty's license. 

Enlisting, fyc. in foreign service, 8fc. declared a misdemeanour. —If 
any natural-born subject of his Majesty, his heirs and successors, 
without the leave or license of his Majesty, for that purpose first had 
and obtained under the sign manual, or signified by order in council, or 
by proclamation, shall enlist or enter himself, or shall agree to enlist or 
enter himself, to serve as a sailor or marine , or to be employed or en¬ 
gaged, or shall serve in and on board any ship or vessel of war, or in 
and on board any ship or vessel used or fitted out, or equipped or in¬ 
tended to be used for any warlike purpose, in the service of or for or 
under or in aid of any foreign power, prince, state, potentate, colony, 
province, or part of any province or people, or of any person or persons 
exercising or assuming to exercise the powers of government in or over 
any foreign country, colony, province, or part of any province or people, 
or shall go to any foreign state, country, colony, province, or part of any 

d 2 


36 


SEAMEN. 


province, or to any place beyond the seas, with an intent or in order to 
enlist or enter himself to serve, or with intent to serve in any warlike 
or military operation whatever, whether by land or by sea, in the service 
of or for or under or in aid of any foreign prince, &c. as an officer , or 
sailor , or marine , in any such ship or vessel as aforesaid , although no 
enlisting money or pay or reward shall have been or shall be in any 
or either of the cases aforesaid actually paid to or received by him, or 
by any person to or for his use or benefit, in any or either of such cases, 
every person so offending shall be deemed guilty of a misdemeanour, 
and upon being convicted thereof, upon any information or indictment, 
shall be punishable by fine and imprisonment, or either of them, at 
the discretion of the court before which such offender shall be convicted. 
§2. 

Masters of ships taking offenders on board .—If any master or 
other person having or taking the charge or command of any ship or 
vessel , in any part of the United Kingdom of Great Britain and Ire¬ 
land, or in any part of his Majesty’s dominions beyond the seas, shall 
knowingly and willingly take on board, or if such master, &c. or 
any owner of any such ship, shall knowingly engage to take on 
board any person or persons who shall have been enlisted or en¬ 
tered to serve, or shall have engaged or agreed or been procured to 
enlist or enter or serve, or who shall be departing from his Majesty’s 
dominions for the purpose and with the intent of enlisting or entering 
to serve, or to be employed, or of serving, or being engaged or em¬ 
ployed in any naval or military service, contrary to the provisions of 
this act, such master or owner or other person as aforesaid shall forfeit 
and pay the sum of 50/. for each and every such person so taken or 
engaged to be taken on board. § 6. 

Seamen entering or serving on board a slave ship , to be imprisoned 
two years. See Slave Trade, Appendix, Part IV. 

Suing for Wages in the Admiralty. 

The convenience arising to mariners suing for wages in the admi¬ 
ralty is so great, that, ouUof regard to that useful body of men, it is 
permitted that they may sue for wages there. But although this liberty 
is permitted to mates and mariners, it is denied to the master; for the 
master contracts upon the credit of the owners, and the mariners upon 
the credit of the ship. ( Smith v. Plummer , 1 Barn. & Aid. 57.) The 
convenience and benefit accruing to the mariners from this practice are, 
1st. That they may all join in a suit there for wages, (thereby lessening 
the .expense,) which could not be done by the usual courts of the king¬ 
dom ; and, 2d, In the admiralty, the ship itself is answerable, and not 
the owners. The admiralty is expressly forbid indeed to meddle in any¬ 
thing done within the realm , by two early statutes; but so beneficial is 
the jurisdiction of the admiralty in these cases of wages, that the courts 
of common law will not interfere by prohibition when it can be avoided. 
And it is to be noticed, that seamen in suing in the admiralty court are 
not confined only to their actual service at sea , but may sue also for 
their wages earned in rigging and fitting out a ship for a voyage, even 
though the owners have not prosecuted such voyage. (Abbott, 485. 
2 Lord Raym. Rep. 1044.) And the master having a distinct interest 
from the seamen, may be a witness for them in a suit against the 
owners for their wages. (1 Edw. 235.) But if the agreement of the 
seamen with the master for wages be of a special nature and by deed> if 


WAGES. 


37 


th efact of the deed come in question, it can only be tried in a court of 
common law. (2 Str. R. 968.) If there be a contract for seamen’s 
wages in the hands of the owner or master, they are compellable to 
produce it in court by 2 Geo. II. c. 36, and 31 Geo. III. c. 39. See 
pages 26 and 39. If suit be necessary for recovery of seamen’s wages, 
it must, in common cases, be brought within six years ; but if due 
under a special deed, within twenty years. 

In what cases wages are due. —If a ship be lost before she arrives 
at any port of delivery, the seamen lose all their wages. If she be lost 
after coming to a port of delivery, they only lose their wages from the 
last port of delivery; and, even though the officers and mariners gave 
bond not to demand wages unless the ship returned to London, and she 
arrived at a delivering port, and afterwards was taken by an enemy, 
they had their wages to the delivering port. If they run away, though 
after coming to a port of delivery, they lose all their wages. 

If a ship outward-bound arrive at her destined port, unload there, 
receive freight to return to England, and be taken by enemies in her 
return, the mariners shall have their wages to the time she arrived at 
the port she unloaded in, and for half the time she staid there to 
unload. 

If a seaman be impressed before the ship arrive at the delivering 
port, and she afterwards arrive there safe, his wages are recoverable for 
the time he served. (2 Lord Raym. R. 1211. 7 Taunt. 319.) 

An action was brought by a sailor for wages in a voyage from 
Barnstaple to Newfoundland, and thence to Spain, Portugal, or some 
port in the Mediterranean. The ship was taken after her arrival at 
Newfoundland,, and the action was brought for the wages due on that 
part of the voyage. Verdict was given lor the defendant; and, on 
motion for a new trial, it was the opinion of the court that it was all 
one entire voyage. The fish is only the lading of the ship ; no matter 
where taken in. And the ship was lost before its arrival at the port of 
delivery ; as the freighter lost his cargo, the mariner ought to lose his 
wages. 

A sailor was hired for a voyage from Jamaica to Liverpool, and 
took of the captain this promissory note : “ Ten days after the ship 
Governor Parry, myself master, arrives at Liverpool, I promise to'pay 
to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, con¬ 
tinues, and does his duty as second mate in the said ship, from hence to 
the port of Liverpool. Kingston, July 31, 1793.” The ship sailed on 
the second of August, and arrived at Liverpool on the 9th of October 
following; but T. Cutter died on his passage the 20th of September. 
An action was brought by his administratrix ; and the court were of 
opinion, that, as there was no general usage among merchants with 
respect to these notes in such a case as the present, they must decide 
that, as T. Cutter did not continue to do his duty till arrival at Liver¬ 
pool, his representative could recover nothing even for that part of the 
time in which he did duty. Cutter v. Powell , 6 T. R. 320. 

The cargo of a ship was lost by capture by a Swedish privateer, 
which carried her into Gothenburg: the master staid there three 
months to refit and take in new lading; and, to prevent the seamen 
from going away, he agr.eed to pay them so much a month while they 
staid there. And, in an action for this, the master would have dis¬ 
charged himself on the rule, that freight is the mother of wages , and 
that none are ever paid while the ship is lading or unlading; which 
the Chief Justice agreed to be the general doctrine : but he held it not- 


38 SEAMEN. 

sufficient to set aside a special agreement, as there was in this case. 
The seamen therefore recovered their wages. 

Seamen violently detained by an embargo, and separated from the 
ship, but afterwards restored, and navigating the ship home, are en¬ 
titled to wages during the whole time of detention, such ship having 
earned her freight. (4 Camp. 185.) 

The time at which seamen may demand their wages is now generally 
settled by the express terms of the agreement in common use between 
masters and mariners; see page 29: but the two statutes last mentioned 
have themselves left little ambiguity on this subject: for the former of 
them relating to ships engaged in foreign voyages, directs that the seamen 
shall be paid in thirty days after the ship’s entry at the custom-house : 
and the latter, as to ships employed in the coasting-trade, directs that 
they shall be paid within five days after the ship shall be entered at the 
custom-house, or the cargo be delivered, or at the time the seamen shall 
be discharged, whichever shall first happen. 

Though it has been said that wages are not generally due till the 
completion of the service for which a mariner was hired; yet it has 
been decided, that if such an one die on board during a voyage, his 
representatives may recover the proportion of wages actually due at 
the time of his decease. (Armstrong v. Smith , 1 Bos. & Pul. 299.) 

Abstract of an Act for facilitating the Recovery of the Wages of 
Seamen in the Merchant Service. 59 Geo. III. c. 58. 

Complaint of seamen about wages not exceeding £20 .—After recit¬ 
ing that, whereas the seamen and mariners employed in the merchant- 
service, and in the coasting trade of this kingdom, are exposed to 
great difficulties, expense, and inconvenience, in suing for or obtaining 
payment of their wages, in cases of dispute with the masters or owners 
of vessels in which they may have served ; and that it is expedient that 
greater facility should be given for recovery of such wages: it enacts, 
that from and after the 1st day of August, in the year 1819, it shall be 
lawful for any seaman, mariner, or other person, (except masters or 
apprentices,) who shall have served on board any ship trading from any 
port or place, in that part of the United Kingdom called England, to 
ports beyond the seas, or to any other port or place in Great Britain, 
by virtue or in pursuance of any contract or engagement, in writing or 
notin writing, and whether the same be by parol or by deed under seal, 
or otherwise, in case the master or commander, or other person having 
or taking the charge of any such ship or vessel, after the expiration of 
two days from the time of entry at the custom-house, or from the de¬ 
livery of her cargo, or from the time when such seaman or mariner, or 
other person, (except as aforesaid,) shall be discharged, which shall 
first happen, (unless an agreement shall have been made and entered 
into to the contrary, and in that case, after the expiration of the time so 
stipulated or agreed for ‘the payment of such wages as aforesaid,) neg¬ 
lect or refuse to pay to any such seaman, &c. (except as aforesaid,) his 
wages, or any part thereof, to complain to any justice of the peace 
residing in or near to the place where such vessel shall have ended her 
voyage, or been cleared at the custom-house, or delivered her cargo, 
or to any justice of the peace residing in or near to the place where 
such master or other person, or (in case of there being no master or oilier 
person in charge of any such ship or vessel) where any owner or owners 
thereof shall then happen to be ; and thereupon such justices are hereby 


WAGES. 


39 


required, upon such complaint made to them upon oath or affirmation, 
to issue a summons to such master, &c. to appear before them at such 
time and place to be in such summons specified; and upon the party 
appearing or not appearing after having been so summoned, the said 
justices shall examine., upon oath, such seaman, mariner, or other per¬ 
son, (except as aforesaid,) or any other witnesses, touching any such 
complaint, or any difference or dispute respecting such wages, and to 
make such order for payment of so much wages to such seaman, mari¬ 
ner, or other person as aforesaid, as shall seem reasonable and just; 
provided that the sum in question do not exceed £20 ; and in case of 
refusal to pay, or non-payment of, any sum of money so ordered, by the 
space of two days next after such order and determination, such justices 
shall and may issue forth their warrant to levy the same by distress and 
sale of the goods and chattels of such master, &c. rendering the overplus 
(if any there be) after deducting all the costs, charges, and expenses of 
any summonses, informations, complaints, hearings, warrants, and of 
such distress, and the keeping, appraisement, or sale thereof, or other¬ 
wise relating thereto, unto the person or persons whose goods and 
chattels shall be so distrained and sold ; and in case sufficient distress 
shall not be found, &c. and the same shall not be paid within the said 
period of two days, such justices (and they are hereby authorized and 
required, by warrant under their hands and seals) to levy the amount, 
together with costs, on the ship for the service on board which such 
wages shall be so ordered to be paid, or any of the tackle, furniture, or 
apparel thereof, rendering the overplus thereof, (if any,) after payment 
of such expenses as aforesaid, to the master or commander, or owner 
thereof; and the decision of such justice shall be final and conclusive, 
as well on such seaman, mariner, or other person, as upon such master, 
&c. and the owner or owners thereof; save and except in such cases in 
which an appeal shall be interposed by either party to the high court of 
admiralty, such appeal to be interposed within the space of seven days 
after the order of the said justices so to be made as aforesaid. § 1. 

Seamen , Sfc. dissatisfied may appeal to Admiralty .—Giving notice 
in writing within forty-eight hours , but not afterwards, of such intention, 
to the justice of peace ; and must proceed within thirty days , and give 
bail in double the amount of the wages ordered to be paid to a com¬ 
missioner for taking examinations in prize causes. § 2. 

Agreements made before this act. — No seaman or mariner, or 
other person, by entering into or signing any contract or agreement 
as required by the several statutes now in force for that purpose, which 
shall have the effect of depriving such seaman, &c. of the remedies by 
this act given, shall be deprived or hindered from using any method or 
means for recovery of wages, against any ship, or the masters or owners 
thereof, which immediately before the passing of this act he might, 
and which, after the said 1st day of August, he may make use of; and 
that in all cases where it shall or may be necessary that the agreement 
should be produced before such justices, no obligation shall be on any 
seaman, mariner, or other person as aforesaid, to produce the same, but 
such obligation shall lie on the master or commander, or other person 
having the charge or command, or the owner or owners of the ship or 
vessel for which the wages shall be demanded; and no seaman or 
mariner shall fail in any complaint or proceeding before any justices for 
recovery of wages for want of such agreement or agreements being 
produced, but shall and may proceed therein as if no such agreement in 
writing had been made. § 3. 


40 WAGES) 

Not to deprive seamen of present remedies. —Nothing in this 
act shall be construed to extend to deprive any seaman, mariner, or 
other person as aforesaid, of any remedy, means, or process which may 
now be resorted to or used against any ship or vessel, or the master 
or commander, or person having the charge of such ship or vessel, or 
the owner thereof, for the recovery of wages due for serving on board 
of any such ship or vessel. § 4. 

5. Not to extend to Scotland. —And further, nothing in this act con¬ 
tained shall be construed to extend to that part of the United Kingdom 
of Great Bf itain and Ireland called Scotland. 

6. This act shall be deemed and taken to be a public act. 

7. And shall continue in force for seven years from the-. Con¬ 

tinued by 7 Geo. IV. c. 59, till the year 1833. 

The Schedule referred to by this Act. 

To wit -f day * n 

\the year of our Lord one thousand eight hundred and 

before at in the county 

of A. B. and C. D. appeared personally, and pro¬ 
duced themselves as sureties for the master of the 

ship and for the owners thereof, and submitting 

themselves to the jurisdiction of the said court of admiralty of Eng¬ 
land, bound themselves, their heirs, executors, and administrators, for 
the said master and owners of the said ship, in the sum of 

each, of lawful money of Great Britain, unto E. F. 
a seaman, having served on board the said ship, to answer the amount 
of such wages as shall be hereafter decreed by the said court to be due 
to the said E. F., according to the tenour of the act in that case made 
and provided; and unless they shall so do, they hereby consent that 
execution shall issue forth against them, their heirs, executors, and 
administrators, goods and chattels, whereon the same shall be found, 
to the value of the sum above mentioned. 

This bail was duly taken, acknowledged, and received at' 
the time hereinbefore above written, before me the under¬ 
signed commissioner, [or, the undersigned justice or justices 
of the peace,] and I [or we] do believe and consider the 
persons above mentioned sufficient security for the sum 
above mentioned. 

For the obligations on seamen respecting good behaviour in the port 
of London, see Bye-Law of the Trinity House, in Chap. IV.; and 
what relates to seamen smuggling, see that act, Part II. Chap. III. 




TABLE for calculating SEAMEN’S WAGES, in the MERCHANTS’ SERVICE, from 1 to 30 Days, and from 15*. to £10 per Month. 


TABLE OF WAGES. 


41 


• 


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N. B. The fractional parts of 2-10ths of a penny, that arise every day in the calculating of the wages, in the 3d, 5th, and 7th columns, are re¬ 
jected, in the several additions in compiling these columns, when under 6-10ths of a penny, but from 6-10ths to 9-10ths of a penny, inclusive, they 
are reckoned as one penny. 

















































































































TABLE for calculating SEAMEN’S WAGES, in the MERCHANTS’ SERVICE— continued. 


42 


TABLE OF WAGES 



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42 

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rH pH pH pH 



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O O O O O O O — i'^h 

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(MkOCO^Tf<<OOi(NmOO 

r-H r-H r-H rH 

OCO<OOi(^^NOCO<0 

pH pH rH rH rH rH pH 

Xh^NOC4iOXh^ 

rH rH rH rH rH 



OOOOOOO 1 — <i *—<>•—< 

P HpHrHrH<MC4<MC4<MC4 

04C0C0C0C0C0C0C0^tJ< 


*8 ° 

XTfOX^OX^OOO 

rf OX^ OX^OXtT 

OX^OXTfOXTfO 


4 ° 

04mC0OC0<0C0*-H^<O 

r-H r-H r-H r-H 

CiCWNOClOXOfO 

rH pH rH rH rH 

<OXH Tf <0 OlC4 TfKO 

rH rH rH pH pH 


A h 

OOOOOOO*—<r-Hr-H 

rHrHrHrH<M<M04C4C4C4 

C4 C4 CO CO CO CO CO CO CO 


-« ° 

<00<00<00<00<00 

<00<00<00<00<00 

<00<00<00<00<00 



(MvCKOCl^NOWiO 

rH r-H r-H r-H 

KOCLOKO^iONO 

rH rH rH rH rH 

C4inNO(MONO(MiO 

pH rH rH rH rH rH 


CO 

OOOOOOO'-H'-^*-^ 

hhhhhO^MC^CIM 

04C4C4COCOCOCOCOCOCO 


>8 ° 

rfXO^XOTTXOrr 

XO^XOTfXO^X 

OTfXO^XO^XO 


• o 

°» s 

w^Kai^^^XHCo 

rH r—< H r-H 

iOXOdONCi^^^O 

pH pH rH pH rH 

CiHco^xocnmKo 

rH pH pH rH rH 


A CO 

OOOOOOOO*— » *-« 

rH rH pH pH rH pH pH 04 04 04 

O4O4C4O4C4C0C0C0COC0 


° 

C4rt<<OCOOO<M^<OGO 

rH 

0004^<OC00004^ 

rH rH 

<oaooo<M^<ooooo 

rH rH 


ic 

N^^OXOfCAON^H 

p— H rH r-H r—H r-H 

co<oaooo4^<ooHco 

rH rH rH rH rH 

iONCiC4^<OXOC4iC 

rH pH rH rH 


CO 

OOOOOOOOO-H 

hhhhhhhh(^04 

0404<M04<MC4<MC0C0C0 


O 

rnMCO^^^^CO ^'- 4 

H04C0^i0<DKX0iO 

pHrHrHrHrHrHrHrHpH04 

HlMc^^lO^ONXaO 

04 04 04 04 04 04 04 04 04 00 










































































































TABLE for calculating SEAMEN’S WAGES in the MERCHANTS’ SERVICE— continued. 


SEAMEN. 


43 



| ^ O 

000000 



(M ^ ^ CO O Ol 

rH H 



CM Tt 1 CO CD O CM 

rH rH 


03 O 

000000 


«,* ®, 

000000 


^ CM 

CM -<tf CO 00 O CM 

rH r-H 


^ O 

000000 


•5 2 

10 0 10 0 in 0 

r-H r-H r-H r-H 


^ - 

H CO ^ l> GO O 

rH 


-e <© 

CO O CO 0 co 0 


-*2 

CQ kTD *> O CQ in 

r—1 r-H r-H 1—H 


*+i '-i 

H CO Tf co CD 0 


"e 0 

000000 

CM 

CM 

-2 

000000 

r-H r-H r-H 

H CO^ O t> 05 

O 

HH 

'■53 O 

000000 

cc 

*0 

r-H 

co* 00 

GO GO ^ GQ O GO 

r-H rH 

£ 

O 

<£. 

1 

H (M in l> 00 


'XJ 0 

OOOOOO 

W 

H 

fe 

0 

co*^ 

ifl O ifl O iO 0 

r-H r-H *-H 

rH CM CO *0 cc i> 

W 

S 

"e 0 

OOOOOO 

PS 

w 

Ph 

cc* W 

CO co C 5 CM lC CD 

r-H r-H r-H 

H CM CO ^ lO CO 

W 

H 

■tt 0 

OOOOOO 

< 

Ph 

CC* O 

OOOOOO 

i-h cm co rr in co 


^ 0 

OOOOOO 


. 00 
«c ,—1 

CD CO Tt* (M O CD 

rH r-H r-H r-H 


0 

O h CM CO ^ ifl 


CO 

co 0 0 0 co 0 


•» ^ 

i> to (M 0 i> in 

r-H r-H r-H r-H 


«tj O 

0 h c} co ^ »o 


O 

OOOOOO 


eo* £ 

in 0 10 0 in 0 

r-H r-H r-H 1—H 


«*i 0 

O H OJ CO CO ^ 


•sqtuoj\[ 


rH CM CO "tf UC co 


to 

in 


rt 1 

«» 


sc 

in 


CM 


W 

H 

6 

O 


PS 

W 

Ph 

W 

H 

Ph 


0 

0 

O 

O 

O 

0 


O 

0 

O O 

O 

O 

1 O 

0 

in 

O 

in 

0 


O 

0 

O O 

O 

O 


r-H 

rH 



r-H 







'tf 

00 

CM 

t> 

rH 

in 


i> -tf 

i-H 00 

in 

CM 



rH 

rH 

CM 

CM 



rH 

CM CM 

cc 

Htf 

0 

0 

0 

0 

O 

O 


O 

0 

O O 

O 

O 

*tf 

00 

CM 

co 

O 

'tf 


iC5 

0 

in 0 

UT 5 

O 



r-H 

r-H 




r-H 

rH 


rH 

r-H 

rt< 

00 

CM 

co 

rH 

if5 


co 

cc 

0 t- 

cc 

0 



rH 

rH 

CM 

CM 



>— 1 

CM CM 

cc 


O 

0 

0 

0 

O 

O 


0 

0 

O O 

0 

O 

O 

0 

0 

0 

O 

O 


0 

0 

O O 

0 

O 








rH 


rH 

rH 


tT 

GO 

CM 

co 

O 

"tf 


CO 

cc 

05 CO 

CM 

05 



r-H 

rH 

CM 

CM 



r-H 

rH CM 

cc 

CC 

O 

O 

0 

0 

O 

O 


O 

0 

0 0 

0 

0 

in 

O 

in 

0 

iO 

O 


CO 

CM 

GO -tf 

0 

CO 

r-H 

r-H 



r-H 

r-H 



rH 

r-H 

r-H 

rH 

co 

t> 

rH 

id 

GO 

CM 


CO 

CM 

go in 

rH 

»> 



rH 

r-H 

r-H 

CM 



r-H 

rH CM 

cc 

cc 

0 

0 

0 

0 

0 

O 


0 

0 

0 0 

0 

0 

0 

0 

0 

0 

0 

O 

in 

0 

in 0 

in 

0 

r — 1 


r-H 


rH 


0 


rH 

r-H 


—H 







HH 






cc 

i> 

0 

'tf 

i> 

r-H 


co 

CM 

GO 1 O 

r-H 




rH 

rH 

rH 

CM 

co 


r-H 

rH CM 

cc 

cc 













0 

0 

0 

0 

0 

0 


0 

0 

O O 

0 

0 

in 

0 

in 

0 

in 

0 

'tf 

0 

0 

O O 

0 

0 


r-H 

rH 



r-H 






cc 

co 

0 

cc 

CO 

05 

r 

a 

O 

co 

CM 

GO -tf 

0 

CO 




r-H 

r-H 

r-H 


rH 

i-h CM 

cc 

cc 

0 

0 

0 

0 

0 

O 

£ 

0 

0 

O O 

0 

0 

cc 

co 

0 

CM 

in 

co 

Eh 

in 

0 

in 0 

10 

0 




rH 

r-H 

r-H 

r-H 

r-H 


rH 

r-H 

cc 

CO 

05 

CM 

in 

GO 

£ 

in 

r-H 

i> cc 

00 T* 




rH 

rH 

r-H 

O 

§ 


r-H 

rH CM 

CM 

cc 

0 

0 

O 

0 

0 

0 

0 

0 

O O 

O 

0 

0 

0 

O 

0 

0 

0 

Ph 

H 

Ph 

0 

0 

O O 

O 

0 







rH 


rH 

r-H 


cc 

CO 

05 

CM 

in 

GO 

in 

rH 

CO CM 


cc 




rH 

r-H 

r-H 


rH 

rH CM 

CM 

cc 

0 

0 

O 

0 

0 

0 

H 

H 

0 

0 

0 0 

O 

0 

in 

0 

in 

0 

in 

O 


iO 

0 

in 0 

iO 

0 

rH 

rH 



rH 

r-H 

Ph 


r-H 

rH 


rH 

CM 

in 

GO 

r-H 

cc 

CO 

0 

0 

in rH 

CO 

r-H 




rH 

1—» 

r—< 



r-H 

rH CM 

CM 

cc 

co 

0 

co 

0 

co 

0 


O 

0 

O O 

O 

0 

CM 

in 


0 

CM 

in 


O 

0 

O O 

O 

0 

r-H 


r-H 

rH 


r-H 







CM 

in 

t> 

0 

CC 

iO 


in 

0 

in 0 

in 

0 




r-H 

rH 

rH 



rH 

rH CM 

CM 

cc 

O 

0 

0 

O 

0 

0 


0 

0 

O O 

O 

0 

O 

0 

0 

O 

0 

0 



0 

in 0 

in 

0 

r-H 


rH 


rH 



r-H 

rH 


rH 

r-H 

CM 

in 

i> 

O 

CM 

if5 


-tf 

05 

rtf 05 

cc 

GO 




r-H 

rH 

r-H 




rH r-H 

CM 

CM 

O 

0 

0 

0 

0 

0 


0 

O 

0 0 

O 

O 

in 

0 

in 

0 

in 

0 


0 

O 

0 0 

O 

O 


r-H 

rH 



rH 


r-H 


rH 

rH 


CM 

'tf 

co 

05 

rH 

cc 


'tf 

05 

CC CO 

CM 

l> 





r-H 

rH 




rH r-H 

CM 

CM 


CM 




co 



CM 



CO 

r-H 

co rp m 


rH 

W*V ~ 


If the amount for any number of months greater than 6 be required, as 11 , add the amount for 6 and 5 months, &c. 






































































TABLE of the Number of Days, from every Date of the Year (exclusive), to 31st December (inclusive 


44 SEAMEN. 

TABLE for WAGES at £10 per Month. 


d. 

0 

QO^OOO^OOO'I'OX 

^OQO^OGO^TOX^ 

OOO^ OOOI'OGO^O 

° 

OCOOCOCOOCOCOOCD 

eoo?ocoo?owococo 

o^coo^foo^coo 


r-H r—t rH 

r-H r— < i-h r— ( 

rH rH r-H 

• : ® 

OOHHrH(N^(NCOW 


NKNXXX05C3C50 

~H 


r—* 

Days. 

H(NC0^t0^NX05O 

r-H 

-H r-H r-H f-H r-H (— < H f-H f— ' 04 

M^co^»r)cotNXOio 

O4CNO4O4O4O404O4O4C0 


a 

O^XKOO^CO^-iOOJXN^tn^CC^HOCJXK^tfi^CO^MO 

COC4C4(N^(N(M^^^^nHr,HHH|HrHHH 

Q 

H(NCO^»r5XKXPOrH(MPO^^COKX0OM'MCO-f^CONXPOrH 

’^r-Hr-^r— rHr-HrHf-H *.04 04 04 04 04 04 04 04 04COCO 

• 

$ 

ooxN f x>vnTrx(N-oc5XNcoto-n < co(N-'Oa5XKtotnT} ( co(N<H 

OOOiOOtCOOiOtCiO^^^^^^Tr^^^cOCOCOCOXCOXCOCO 

£ 

HC^CO^tO^NXPOH(NCO^OCOKXC50rH(NCO^tn^NXCiO 

u 

a> 

rQ 

iHOaiXN50»ft^?0(NrHOOXK©tOTfCO^H005XK^»ft^COMH 

0)^OOQOOOQOOOCOOOOOOOXNNNNN4sNNNNCDCO?05CCOCO«DCC^ 

H-» 

a 

o 

H^w^knxKXPO-<(McoTf4n^Kxa50H^co^tnxKxao- 

^.„hhhhhhhhC1NC4(N(MCIC4C^(M(NCOCO 

September. 

r-OCJXNOtO^COOIr-OasXK^OTj'WfNHOaiXK^O^CCIM 

04 04-H-HrHi-Hr-rHr— i-Hr-Hr—.OOOOOOOOOOOOSO^C^O^O^C^O) 

r-H f-h r-n rn r-H r-H r-H rH r-H r-H rH r— 1 r-H rH h rH r-H r—> r-H f-h r— f-h 

H04CO^^(DKXC50HC4corfOODNXOO'-'(NCO^ift?ONXa50 

hhhhhhhh(-h01^C4C4C4^^0^^C^X 

• 

-4-> 

Sc 

rr 

H 

<1 

MHC-oXNCDtn^CO^HOOJXK^O^fO^HOaXKtOO^CO^ 

tCtn^^^r^^p^r^^^rf^cOCOCOCOCOCOCOCO^CO(N04(M(MC4(N(NW 

FHrHrHrHl-H^HrHrHrHr-H,— lf _,rHrHrH,-HrH.-H-H,-HrHrHr-rHrH|—♦r-HrHrHr-Hf-H 

HClCO^^^NXPOH^CO^incOKXOlOH^CO^tn^KXasOH 

rH i-h rH r-H h rH r-H f-h i—h 04 04 04 04 04 04 04 04 04 04 CO CO 

• 

9 

COC4HOCT5XK^tf)TfCOO^HOOXN^in*tCOC4HO^Xt\^irt^ ,, 0 
X’X XXNlsKKNNKNNKCCXCCXX^CC^^CCtftOOOintnifi 

rH f-h *-H f-h rH rH rH r-H i-h r-H r— r-H i-h f-h rH r-H r h rH rH i-h rH rH f-h f-h i-h f-h —h i-h rH i-h r 


Ht04CO^OOKX050H(r4fCTTtn?£iNXOOH(NCOTfiftCONXOOH 

1-HrHrH-Hi-HrHF—.rHrHi-HOl0404 01 040404040l04COCO 

6 

Sh 

C0 04rHOO^QO^^OtO , rrC0 04rHOa5QOtN.CO)tnTt < COOI»-HOO^QO^CO»OrJ< 

— irH^r-Hooooooooooa^criocfta^cftooooaoGoaoaoooao 

04 04 04 04 04 04 04 04 04 04 04 04 04 04 rH I-H I— H i-h f-h i-h I— h —h r-H r-H r-H rn I-H i-h rH I-H 

p 

H^CQ^in^KXO)OH(MPOrtincOKXOOHC4CO^oXKXO)0 

,-H rH rH i-h i—«i-^rHrHrH r -H04 04 04 04 04 04 04 04 04 04 C 0 

• 

>> 

aS 

^C004HOOXK^iC-rcorMHOOGOKCOin"tXC4HOOXN^v^^ 
"I'^^'^COWCOCO^OCOrcCOfO CO 04 04 04 04 04 04 04 04 OIOIphi-hph-h-— «-!, 

04 04 04 04 04 04 04 04 0104040404040404040404040404040404040404040404 

§ 

-H04CC1 , OOl > ‘XOOH(^fO^'tOCOKXa)OH(MCOTf^OKXOOH 

HhhhhhhhhhC4 04 04 04 04 04 04 W 0404CQC«? 

• 

fH 

P-, 

^CO(N^OOXN^tn^f004^HOOXK^OTj<CO(NHOOXKtrtr 
KNNKK^tOCO0^{£3COCOCD^iO>riinvOiOtCtnvO»OtO?^^^^ 
040404040404 04 04 040404040J040404040404 04 0404004040404040J04 

<1 

H04C0^i0'OKXOOH(NC0^in^KXOO^04C0^tn(DKXa5O 

^hhhihhhhphhC4040^04(NC404^IC^':>ICO 

• 

o 

H 

i0Tff0C4HOOXK^0t0^C0C4HO05XKC£5»n^C004HOa5Q0NtQtn 

ooooooooooioopoooxxxxxxxxxxkkkkk 
COCOCOCOCOC0 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04C^04040404 

§ 

HlMX^tn^NXOO^M^TfiOXNXOlOH^rO^tncOKXOOH 

rHrHrHr-Hr-HrHr-H — rH,—,04 04 04 04 04 04 04 04 04 04COCO 

• 

t? 

d 

5 

X^rHOO)XN(OtO^X(MHOaiXKC£)in^XO^HOa5XKto 
XC0XX(M0^(N010^(M04 01010lHHHHHHr-HHHo5oo 

OOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCO 

■s 

H04^^if5^^C0C5OH.^C0^tnC0KXOCH(Mf0^iCOKX 

rH rH I-H rH rH I-H rH I-H rH 04 04 04 04 04 04 04 04 04 

• 

>% 

In 

p 

rfxwHoaiXKXtftTfxNHoajXKtotnTffowHoajXKwtrn' 

cococococococo^cococococococococococococo^o5^^co^co?o^co 

c 

H^CO^in'OKXPO^^COrtifi^KXOCrH^CO^tOcOKXOOH 

rHrHrHrHrHrHi-HrHrHrH04 04 04 04 04 04 04 04 04 04COCO 



From 31st January (exclusive) to 31st December (inclusive) is 334 days. 

















































III. A TABLE for readily ascertaining the NUMBER of DATS, from any one Day in the Year to another, inclusive. 


SEAMEN. 


45 


1 

January. 

February. 

March. 

April. 

Mav. 

June. 

July. 

August. 

September. 

October. 

November. 

December. 

• • 

By this Table may be readily ascertained the number of days from any one given day in the year to another, including the two days given. For instance, irom 

the 1st of January to the 14th of August, (first and last days included,) there are 226 days. To find the number of days, look down the column of January to the 

figures 14, and then look along in a parallel line to the column of August, and you will find the number 226. 

To find the number for any other days (both inclusive ,) as from the 2d of February to the 14th of August:—Deduct from 226 (against August 14,) the number 32, 

which stands against the preceding day, the 1st of February, and the difference 194, will be the number required. 

In leap years add one to the number after the 28th of February. 

1 

32 

60 

91 

121 

152 

182 

213 

244 

274 

305 

335 

2 

33 

61 

92 

122 

153 

183 

214 

245 

275 

306 

336 

3 

34 

62 

93 

123 

154 

184 

215 

246 

276 

3c 7 

337 

4 

35 

63 

94 

124 

155 

185 

216 

247 

277 

308 

338 

5 

36 

64 

95 

125 

156 

186 

217 

248 

•278 

309 

339 

6 

37 

65 

96 

126 

157 

187 

218 

249 

279 

310 

340 

7 

38 

66 

97 

127 

158 

188 

219 

250 

280 

311 

341 

8 

39 

67 

98 

128 

159 

189 

220 

251 

281 

312 

342 

9 

40 

68 

99 

129 

160 

190 

221 

252 

282 

313 

343 

10 

41 

69 

100 

130 

161 

191 

222 

253 

283 

314 

344 

11 

42 

70 

101 

131 

162 

192 

223 

254 

284 

315 

345 

12 

43 

71 

102 

132 

163 

193 

224 

255 

285 

316 

346 

13 

44 

72 

103 

133 

164 

194 

225 

256 

286 

317 

347 

14 

45 

73 

104 

134 

165 

195 

226 

257 

287 

318 

348 

15 

46 

74 

105 

135 

166 

196 

227 

258 

288 

319 

349 

16 

47 

75 

106 

136 

167 

197 

228 

259 

289 

320 

350 

17 

48 

76 

107 

137 

168 

198 

229 

260 

290 

321 

351 

18 

49 

77 

108 

138 

169 

199 

230 

<* 

261 

291 

322 

352 

19 

50 

78 

109 

139 

170 

200 

231 

262 

292 

323 

353 

20 

51 

79 

110 

140 

171 

201 

232 

263 

293 

324 

354 

21 

52 

80 

111 

141 

172 

202 

233 

264 

294 

325 

355 

22 

53 

81 

112 

142 

173 

203 

234 

265 

295 

326 

356 

23 

54 

82 

113 

143 

174 

204 

235 

266 

296 

327 

357 

24 

55 

83 

114 

144 

175 

205 

236 

267 

297 

328 

358 

25 

56 

84 

115 

145 

176 

206 

237 

268 

298 

329 

359 

26 

57 

85 

116 

146 

177 

207 

238 

269 

299 

330 

360 

27 

58 

86 

117 

147 

178 

208 

239 

270 

300 

331 

361 

28 

59 

87 

118 

148 

179 

209 

240 

271 

301 

332 

362 

29 


88 

119 

149 

180 

210 

241 

272 

302 

333 

363 

30 


89 

120 

150 

181 

211 

242 

273 

303 

334 

364 

31 


90 


151 


212 243 

i 


304 


365 





















































































































































































































































































































































































IV A TABLE of GREENWICH-HOSPITAL DUTY, calculated from 1 MONTH to 30 MONTHS, at 6 d. per Month. 


46 


SEAMEN. 



*\ l-H 

05 CO 

CM * 

6 

c 

CO 

0 

CO 

O 

0 

0 

CO 

O 

co 

0 

co 

0 

CO 


co *> 

^ CO 

s. 

8 

a 

0 

0 

O 

rH 

rH 

CM 

CM 

CO 

CO 



no 

no 





rH 

rH 

rH 

rH 

rH 

rH 

rH 

rH 

rH 

rH 

rH 

rH 


#\ 

d. 

5 

rH 

to 

rH 

no 

rH 

iO 


no 

rH 

no 

rH 

no 

r-H 

no 


0 

r-H 


rH 


rH 


r-H 


rH 


rH 


r-H 



CO 

5 . 

8 

GO 

0 

05 

0 

0 

rH 

i-H 

CM 

CM 

CO 

co 



no 


cm 




rH 

r —1 

rH 

rH 

rH 

rH 

rH 

r-H 

r-H 

r-H 

rH 


(N 

<M 

d. 

4 

O 


O 

H< 

0 

H< 

0 


0 

-h 

0 


0 

r}< 


0 

r-H 


rH 


i-H 


rH 


rH 


rH 


r-H 



w 

00 

s. 

8 

GO 

05 

05 

O 

0 

rH 

r-H 

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IMPRESSING. 


47 


Impressing. 

The practice of impressing seamen for the naval service, is of very 
ancient date; and, in the words of Lord Chief Justice Mansfield, 
“ the power is founded upon immemorial usage allowed for ages.” It 
does not, however, appear, as is observed by Sir Michael Forster, that 
any statute directly declares this power to be in the crown ; never¬ 
theless many indirectly imply it, as the 2 Richard II. c. 4.; 2 and 3 
Philip and Mary, c. 16. ; 5 Elizabeth, c. 5. &c.; and, by several* sta¬ 
tutes, especial protections are allowed to seamen in particular circum¬ 
stances, exempting them from being impressed ;* which is a tacit admis¬ 
sion of the general right. But unless specially protected by custom or 
by statute, the right of impress extends to all sea-faring persons. 
(R. v. Tubbs, Cowp. 512.) Thus, being a freeholder is no cause of 
exemption, (R. v. Douglass, 2 Smith 47.) ; nor being a head- 
borough, (Ex parte Fox, 5 T. R. 276.) ; nor being a freeman or livery¬ 
man of London. (R. v. Young, 9 E. R. 466.) However, there are 
numerous exemptions by custom, as well as by statute ; and persons 
executing particular services for government are not unfrequently 
privileged by special protection from the admiralty, navy-board, &c. 
Respecting the last-mentioned class of cases, it may be observed, once 
for all, that a mariner thus protected is entitled to be discharged, though 
he may not have his protection on board with him at the time of his 
impressment. (Pratt’s Case, 16 E. R. 167.) Also, that a bargeman, 
protected by the navy-board while carrying timber to the king’s docks, 
cannot be impressed, even under a warrant from the admiralty. (Gold- 
swain’s Case, 2 Bl. Rep. 1207.) But at the same time it must be 
noticed, that an impress protection, though granted by the admiralty 
for a specific period, may be withdrawn at pleasure. (Herbert’s Case, 
16 E. R. 165.) There are some local customs for the exemption of 
persons from impressment which are not within the design of these 
pages, but the privilege of ferrymen is for public convenience an 
universal custom. Exemptions by statute also are numerous. 

Every ship in the coal trade has the following number of persons 
protected, viz. two able seamen (such as the master shall nominate!) 
for every ship of 100 tons; and one for every fifty tons for every ship 
of 100 tons and upwards; and any officer who presumes to impress 
any of the above, shall forfeit, to the master or owner of such vessel, 
10/. for every man so impressed; and such officer shall be incapable of 
holding any place, office, or employment in any of his Majesty’s ships 
of war. 6 and 7 William III. c. 18. § 19. 

No parish-apprentice can be compelled or permitted to enter into 
his Majesty’s sea-service till he arrives at the age of eighteen years. 
2 and 3 Anne, c. 6. § 4. 

Persons voluntarily binding themselves apprentice to sea-service, 
shall not be impressed for three years from the date of their indentures. 
But no persons above eighteen years of age shall have any exemption or 
protection from his Majesty’s service, if they have been at sea before 


* See ante. 

f In order that these men should be thus protected, it is necessary for the master 
to name them before they are impressed ; this is to be done by going before the mayor 
or other chief magistrate of the place, who is to give the master a certificate, in which 
is contained the names of the particular men whom he thus nominates: and this cer¬ 
tificate will be their protection. 5 T. R. 417. 



48 


8 E AMEN. 


they became apprentices. 2 and 3 Anne, c. 6. § 15.; 4 Anne. c. 19. 
§ 17.; and 13 Geo. II. c. 17. § 2. 

All persons coming under the four following descriptions, em¬ 
ployed in the fisheries of these kingdoms , are exempted from being im¬ 
pressed, viz. 

1st. Masters of fishing vessels or boats who, either themselves or 
their owners, have or, within six months before applying for a 
protection, shall have had one apprentice or more, under sixteen 
years of age, bound for five years, and employed in the business 
of fishing on the coasts, or in any of the rivers. 

2dly. All such apprentices , not exceeding four to every master or 
owner of any fishing vessel of thirty tons or upwards ; and two 
to every vessel or boat under thirty tons; during the time of 
their apprenticeship, and till the age of twenty years, they con¬ 
tinuing, for the time, in the business of fishing only. 

3dly. One mariner (besides the master and apprentices) to every 
fishing vessel of ten tons or upwards, employed on the sea- 
coast, during his continuance in such service. 

4thly. Any landman , entering and employed on board such ves¬ 
sel, for two years from his first going to sea, and to the end of 
the voyage then engaged in, if he so long continue in such 
service.* 

On affidavit being made before some justice, and laid before the 
Admiralty, that the persons therein named and described come within 
some or one of the four above descriptions ; (inserting the tonnage of 
the vessel, and port she belongs to; the name and description of 
the master; the age of every such apprentice, and term he is bound 
for, with the date of his indenture ; and the name, age, and description 
of every such mariner and landman, with the time of such landman’s 
first going to sea;) the Admiralty shall thereupon, unless they suspect 
the truth of such affidavit, (which in such case they are to inquire 
into,) grant, without any fee, a separate protection to every such per¬ 
son ; and if any such protected person shall be impressed, except in the 
cases of an actual invasion of these kingdoms , or imminent danger 
thereof , and signified by some order of his Majesty or his privy coun¬ 
cil to the Lords of the Admiralty , and detained, after producing such 
protection, the officer who so detains him shall forfeit 20/. to the party 
so impressed, not being an apprentice; and if an apprentice, then to 
his master. But no master or owner of such fishing vessel is knowingly 
to harbour a deserter from the king’s service, under penalty of 20/. 
2 Geo. III. c. 15. amended by 50 Geo. III. c. 108. 

No fisherman using the sea shall be taken to serve as a mariner 
by the king’s commission; but such commission shall be first taken 
to two justices of the peace next adjoining, that the said justices may 
choose out such sufficient number of able men as shall be contained in 
the said commission. 5 Eliz. c. 5. § 43. 

The four following descriptions of persons are likewise exempted 
from being impressed, viz. every person being fifty-five years of age or 
upwards ; every person not having arrived to eighteen years of age; 


* A keelman navigating the river Tyne down to the port of Shields is deemed to 
be liable, and cannot afterwards bring himself within the protection of the 13 Geo. II. 
c. 17. § 2. which exempts every person not having before used the sea, and who shall 
bind himself apprentice to serve at sea, from being impressed for three years from such 
binding. Ex parte Softly , E. R. i. 406. 




IMPRESSING. 


49 


every foreigner, being a mariner, seaman, or landman, who shall serve 
in any merchant ship, or other trading vessel, or privateer, belonging 
to the subjects of the crown of Great Britain ; and every person, of 
what age soever, who shall use the sea, shall be freed for two years, to 
be computed from the time of his first going. 13 Geo. II. c. 17. § 1 
and 2. 

8. Upon due proof of the respective ages and circumstances of the 
four last described persons to the Admiralty, they will receive protec¬ 
tions without any fee. 13 Geo. II. c. 17. § 3. 

9. Lastly, by 50 Geo. III. c. 108. which recites, partially repeals, 
and partly amends the 2 Geo. III. c. 15. masters employed in any 
of the fisheries of this kingdom, who, within six months, shall have 
had one or more apprentices, under sixteen years of age, bound to him 
for five years at least, and have actually been in said service ; and all 
apprentices not exceeding eight in number, for a vessel of fifty tons bur¬ 
then ; and so in the proportions of seven, six, five, and four apprentices, 
for vessels of inferior burthen, till twenty years of age; all mariners, 
actually employed in fishing vessels of ten tons burthen and upwards ; 
and, lastly, all landmen above the age of eighteen years and under 
thirty, actually employed in such fishing vessels, for the space of two 
years from their so going to sea in such employment, shall be entitled 
to protections of impressment from the Admiralty, on application, accom¬ 
panied with a description of the vessel, &c. And such protected person 
shall be indemnified against impressment by a penalty of 20 1. to be 
recovered from officers offending against such protection. 

N. B. The provisions of this statute extend to the Lobster Fishery, 
olf Heligoland. (Payne’s case, 1 M. and S. 223.) Nor is a protection 
under this statute invalidated by a master receiving an addition of mari¬ 
ners on board. (Pratt’s case, 16 E. R. 167.) 



50 


PORTS AND HARBOURS. 


CHAPTER IV. 

PORTS AND HARBOURS. 


England, 
Scotland, 
Ireland, &c. 


PORTS OF ENGLAND AND WALES. 


Western Ports. 
Rochester. 
Faversham. 
Sandwich. 
Deal. 

Dover. 

Rye. 

Newhaven. 

Shoreham. 

Arundel. 

Chichester. 

Portsmouth. 

Southampton. 

Cowes. 

Poole. 

Weymouth. 

Lyme. 

Exeter. 

Dartmouth. 

Plymouth. 


Western Ports . 

Looe. 

Fowey. 

Falmouth. 

Gweek. 

Penryn. 

Truro. 

Penzance. 

SCILLY. 

St. Ives. 
Padstow. 
Bideford. 
Barnstaple. 
Ilfracomb. 
Bridgewater. 
Minehead. 
Bristol. 
Gloucester. 
Chepstow. 
Cardiff. 








PORTS AND HARBOURS. 


51 


PORTS OF ENGLAND AND WALES. 


Western Ports. 

Northern Ports. 

Swansey. 

Lynn. 

Llanelly. 

WlSBEACH. 

Pembroke. 

Boston. 

Milford. 

Grimsby. 

Cardigan. 

Hull. 

Aberystwith. 

Bridlington. 

Northern Ports. 

Leigh. 

Scarborough. 

Whitby. 

Maldon. 

Stockton. 

Colchester. 

Sunderland. 

Harwich. 

Newcastle. 

Ipswich? 

Berwick. 

Woodbridge. 

Carlisle. 

Aldborough. 

Whitehaven. 

Southwoi.d. 

Lancaster. 

Yarmouth. 

Preston. 

Clay. 

Liverpool. 

Wells 

Chester. 


PORTS OF SCOTLAND. 


Aberdeen. 

Irvine. 

Banff. 

Kirkaldy. 

Borrowstoness. 

Kirkwall. 

Campbeltown. 

Leith. 

Dumfries. 

Lerwick. 

Dundee. 

Montrose. 

Glasgow. 

Port Glasgow. 

Grangemouth. 

Stornoway. 

Greenock. 

Stranraer. 

Inverness. 

Thurso, 
e 2 




52 


PORTS AND HARBOURS OF ENGLAND, &e. 


PORTS OF IRELAND. 


Cork. 

Drogheda. 


Belfast. 

Coleraine. 


Baltimore. 


Sligo. 

Waterford. 

Westport & Newport. 
Wexford. 


Dublin. 

Dundalk. 


Isle of Anglesea. 
Beaumaris. 


Galway. 


Limerick. 

Londonderry. 


Isle of Man. 
Douglas. 


N ewry. 


1. —Of the Ports, Harbours, &c. of England, &c. with mis¬ 

cellaneous information respecting them. 

2 . —Laws of particular Ports, 

I. Of the Laws relating to the Regulation of the Ports and Harbours 

generally. 

For an enumeration of these, it is unnecessary to travel back to an 
earlier period than 54 George III. c. 159, intituled, “ An Act for the 
better regulation of the several ports, harbours, roadsteads, sounds, 
channels, bays, and navigable rivers, in the United Kingdom ; and of 
his Majesty’s docks, dock-yards, arsenals, wharfs, moorings, and stores 
therein; and for repealing several acts passed for that purpose.” 

From and after the passing of this act, so much of the act of the 
ninth year of the reign of George III. as relates to the harbour moor¬ 
ings of the royal navy; and also so much of the act of the tenth year 
of the reign of Queen Anne, as relates to harbour moorings ; and also 
the act of the fifty-first year of the reign of George III. are respectively 
repealed. § 1. 

Admiralty to establish regulations for moorings. —It shall be law¬ 
ful for the lord high admiral, or three or more of the commissioners 
for executing the office of lord high admiral of the United Kingdom 
of Great Britain and Ireland for the time being, from time to time as 
occasion shall require, to make such rules, orders, and regulations, in 
writing under his or their respective hand or hands, or the hand of 
his or their secretary, as he or they shall think proper for the preser¬ 
vation of his Majesty’s moorings, and for the mooiing, anchoring, 
and placing of all private ships of war, transports, and all other pri¬ 
vate and merchant ships and vessels, lighters, barges, boats, and other 
craft whatsoever, in all the ports, harbours, havens, roads, roadsteads, 
sounds, channels, creeks, bays, and navigable rivers of the United 
Kingdom, so far as the tide flows and reflows, where or near to 
which his Majesty now hath, or where his Majesty, his heirs or sue 




53 


PORTS AND HARBOURS OF ENGLAND, &c. 

cesscrs may at any time or times hereafter have any docks, dock¬ 
yards, arsenals, wharfs or moorings ; and harbour-masters to be ap¬ 
pointed as hereinafter mentioned, for superintending the same for the 
purpose of ensuring free and safe ingress, egress, and regress unto, 
into, to, and from the said ports, harbours, &c. and to and from his 
Majesty’s said docks, dock-yards, &c. therein; and for that purpose 
to order and direct such spaces along the sides of, over, against, or 
near to such docks, dock-yards, &c. as they shall judge necessary to 
be kept free and open, and to cause the same to be marked out by 
piles, buoys, or other sufficient marks, and to order and direct what 
spaces and distances shall be appropriated to and for the sole use and 
purpose'of moorings for his Majesty’s ships and vessels of war and 
hired armed ships or vessels in his Majesty’s service; and also to 
specify the distances from his Majesty’s docks, dock-yards, arsenals, 
wharfs, moorings, ships and hulks, within which no private ship ol 
war, transport, or any other private or merchant ship or vessel, lighter, 
barge, boat, or other craft whatever, shall be moored, anchored, or 
placed, and for all and every or any other the purposes hereinafter 
mentioned; and from time to time to vary and alter such rules, or¬ 
ders, and regulations, as occasion shall require for the purposes afore¬ 
said ; and also from time to time to appoint proper persons, to be 
called the King’s Harbour Masters, to superintend such ports, har¬ 
bours, &c. for the purposes aforesaid, and to enforce obedience to all 
such rules, orders, and regulations ; all which said rules, &-c. shall, 
upon the making thereof, and also from time to time whenever the 
same shall in any manner be varied or altered, be forthwith printed 
and published in the London Gazette, and being also printed and put 
upon pasteboard shall be constantly kept hung up in some open and 
conspicuous part of the custom-house, or other place of public resort 
or business in the port, harbour, or haven, for which the same shall 
be made, or where the same shall be directed to be in force, to the 
intent that the same may be seen and read, and copies or extracts 
taken therefrom by all persons interested therein. § 2. 

No private ship to fasten to his Majesty's moorings .—If any private 
ship of war, transport, or other private or merchant ship or vessel, 
lighter, barge, boat, or other craft whatsoever, for which no licence 
so to do shall have been first obtained in writing under the hand of 
any commissioner of the navy, port-admiral, or other person who 
shall be duly authorized by the said lord high admiral, or three or 
more of the said commissioners for executing the office of lord high 
admiral aforesaid, to grant such licences, for the time and purpose 
to be therein particularly specified, shall, unless forced thereto by 
stress of weather or other unavoidable accident, be moored or fastened 
to any of his Majesty’s moorings, chains, anchors, buoys, piles, ships, 
or hulks, or shall in any manner be moored, anchored, or placed 
within any such distances so to be appropriated as aforesaid to and 
for the sole use and purpose of moorings for his Majesty’s ships or 
vessels of war, or hired armed ships or vessels in his Majesty’s ser¬ 
vice, or within any such distance, so to be specified as aforesaid from 
his Majesty’s docks, dock-yards, &c. or within any such spaces so to 
be directed to be kept open as aforesaid, or in the fair way or channel 
or across the stream in any such port, harbour, haven, or navigable 
river, so as to obstruct the passage or entrance into the same : the 
master or other person then on board, and having the charge or com¬ 
mand of any such ship or vessel, &c.; and in case the proper master 


54 


PORTS AND HARBOURS OF ENGLAND, &c. 

of any such ship or vessel, &c. so being 1 moored, fastened, anchored, 
or placed, shall not happen to be then on board the same, then the 
owner or owners thereof, whether he, she, or they shall happen to be 
then on board the same or not, ( penalty ,) shall forfeit a sum not 
exceeding the sum of £10 for every tide which such ship or vessel, 
&c. shall stay and remain so moored, anchored, or placed. § 3. 

Power to remove private ships. —And for the prevention of any 
damage which might otherwise be occasioned to his Majesty’s moor¬ 
ings, &c. and also for the prevention of delay in the public service; 
it is enacted, that in case the owner, master, or other person on 
board, for the time being, having the charge or command of any 
private ship of war, transport, or other private or merchant ship or 
vessel, lighter, barge, boat, or other craft, which shall be moored or 
fastened to any of his Majesty’s moorings, &c. or which shall in any 
manner be moored, anchored or placed within any such distance as 
aforesaid, so to be appropriated to and for the sole use and purpose 
of moorings for his Majesty’s ships or vessels of war, or hired armed 
ships or vessels in his Majesty’s service, or within any such distance 
so to be specified as aforesaid from his Majesty’s docks, dock-yards, 
&c. or within any such spaces so to be directed to be kept open as 
aforesaid, or in the fair way or channel of or across the stream in any 
such port, harbour, haven, or navigable river, so as to obstruct the 
passage, or entrance into the same, shall neglect or refuse to unmoor 
and to remove any such ship or vessel, &c. which shall be moored, an 
chored, or placed as aforesaid, out of and beyond such spaces and dis¬ 
tances as aforesaid, and also out of such fair way, channel, or stream 
as aforesaid, for the space of one hour next after notice to him or 
them given in writing, or left on board such ship or vessel, &c. for 
that purpose, by one of his Majesty’s naval or dock-yard officers ; that 
then it shall be lawful for any person so to be appointed harbour¬ 
master as aforesaid, and also for any officer belonging to any of his 
Majesty’s ships or vessels of war, docks, dock-yards, or arsenals, and for 
any person or persons acting in his or their aid or assistance, and he 
and they is and are hereby authorized and empowered to unmoor such 
ship or vessel, &c., and also to remove the same to some proper place 
out of and beyond such spaces and distances as ‘aforesaid, and also 
out of such fair way, channel, or stream ; {penalty for neglect;') and 
every such owner, master, or other person, so neglecting and refusing 
as aforesaid, shall for every such offence forfeit and pay the further 
sum of <£10. § 4. 

Notice when his Majesty's moorings are hooked. —And whereas it 
sometimes happens that his Majesty’s mooring anchors are hooked 
by the anchors of private ships of war, transports, and other private 
and merchant ships or vessels by accident, and without the default of 
the owners, masters, or other persons having the charge or command 
thereof; but great danger and damage are and may be occasioned by 
unhooking the same, or by leaving the anchors of such moorings in 
an unsafe manner, or in an improper place ; for prevention thereof, 
be it enacted, that whenever any private ship of war, transport, or 
other private or merchant ship or vessel, shall in any manner, either 
by accident or otherwise, hook any of his Majesty’s moorings, the 
owner, master, or other person having the charge or command of such 
ship or vessel, shall not proceed to unhook the same, under the penalty 
of ,£10, to be paid by every such owner, master, or other person; but 
shall forthwith give notice thereof to the king’s harbour-master, com- 



55 


PORTS AND HARBOURS OF ENGLAND, &c 

missioner of the navy, or other chief officer of his Majesty’s dock-yard 
or naval-yard, whichever shall be nearest to the place where the same 
may happen, in order that full and effectual aid and assistance may be 
forthwith given, for the purpose of clearing such private ship of war, 
transport, or other private or merchant ship or vessel, from such moor¬ 
ings, without damage to the same; for which said aid and assistance, 
every such master, owner, or other person shall pay such reasonable 
sum of money, not exceeding £b, as shall be adjudged in a summary 
way, by any commissioner of the navy or justice of the peace, to be re¬ 
covered in the same manner as any penalty or forfeiture is by this act 
directed to be recovered, and with such power of commitment, on 
non-payment thereof, as in cases of penalties and forfeitures under this 
act. § 5. 

Places appointed for breaming ships , and for leaving and receiving 
gunpowder. —And further, that it shall be lawful for the said lord high 
admiral, or three or more of the commissioners for executing the said 
office, and he and they is and are hereby authorized and empowered, 
from time to time, by order or notice in writing under his or their 
respective hand or hands, or the hand of his or their secretary, to pro¬ 
hibit the breaming of any ships or vessels, lighters, barges, boats, or 
other craft, at any place or places on shore, where it may to them 
seem proper and necessary to prohibit the same, and also to order at 
what place or places, within or near all or any of such ports, harbours, 
havens, roads, roadsteads, sounds, 'channels, creeks, bays, and navi¬ 
gable rivers in this kingdom as aforesaid, no private ships of war, 
transports, or other private or merchant ship or vessel, &c. shall 
come, or be laden with or having on board thereof any quantity or 
quantities of gunpowder, exceeding five pounds weight in the whole; 
and also to appoint fit and proper places, either afloat or on shore, 
where all gunpowder, exceeding five pounds weight in the whole, shall 
and may be left and deposited, by and from, or taken and received 
into any such ships or vessels, lighters, barges, boats, or other craft; 
all which orders, notices, and appointments of such places shall be 
notified in the London Gazette ; and that the master-general or prin¬ 
cipal officers of his Majesty’s ordnance, or any three of them for the 
time being, shall appoint fit and proper persons there, to take in and 
receive, and also to give and deliver out all such gunpowder, and upon 
the taking in thereof to give receipts for the same, and also to grant a 
certificate to any such owner, master, or other person, of his having 
left and deposited all such gunpowder, and having made and signed a 
declaration in writing under his hand, of his having so done, and that 
neither he nor any other person or persons, to his knowledge or belief, 
had any gunpowder, exceeding five pounds weight in the whole, 
then on board such ship or vessel, lighter, barge, boat, or other craft, 
ns the case may require; which declaration every such master, owner, 
or other person, is hereby required to make, as the case may require, 
and for which said certificate the sum of one shilling and no more 
shall be paid : and every such person so to be appointed as aforesaid 
shall be accountable to the owner or owners of all such gunpowder 
for the same, and shall deliver the same to such owner or owners 
thereof upon demand, on being paid such reasonable sum of money 
for warehouse room, in proportion to the quantity of such gunpowder, 
and the time for which the same shall have been kept, as shall be 
ascertained and fixed, either by the said lord high admiral, or three or 
more of the commissioners for executing the office of lord high admiral 


50 TORTS AND HARBOURS OF. ENGLAND, &c. 

aforesaid, or by the master-general and principal officers of his 
Majesty’s ordnance, or any three or more of them, by any rule, order, 
or regulation, so made in that behalf; and that no ship or vessel hav¬ 
ing or having had any such quantity of gunpowder on board, shall be 
allowed to clear at the custom-house in any port where there shall be 
any such place so to be appointed as aforesaid, without producing 
and leaving such certificate, together with the Christian and surname 
of the pilot (if any) who piloted such ship or vessel into such port, at 
the custom-house of such port; and all and every owner, master, pilot, 
or other person having the charge or command of any private ship of 
war, transport, or other private or merchant ship or vessel, lighter, 
barge, boat, or other craft, which shall come, arrive, or be (except in 
cases of stress of weather) within any of the distances so to be specified 
as aforesaid, having on board thereof any quantity or quantities of 
gunpowder exceeding five pounds weight together in the whole, or 
which, having come in under stress of weather, shall not unship and 
deliver all such gunpowder within the space of twenty-four hours next 
after the ceasing of such weather (and thereof forthwith give notice at the 
custom-house to excuse the production of such certificate) shall forfeit 
and pay the sum of £b for each and every five pounds weight of 
gunpowder which shall be found, or which shall have been on board 
any such ship or vessel, lighter, barge, boat, or other craft, within any 
of the distances so to be specified as aforesaid, and so in proportion for 
any greater or less quantity ; and every such pilot, who shall wilfully 
and knowingly offend in the premises, and shall be thereof lawfully 
convicted, shall for ever thereafter be rendered incapable of acting as a 
pilot. § 6. 

Penalty on breaming ships, except at appointed places .—And fur¬ 
ther, no private ship of war, transport, or other prfvate or merchant 
ship or vessel, lighter, barge, boat, or other craft whatever, shall be 
breamed afloat in any of the ports, harbours or havens, or other places 
in this kingdom, for which any such rules, orders or regulations shall 
be made as aforesaid, or in which the same shall be in force, nor at 
any place on shore where such breaming shall have been prohibited as 
aforesaid, upon pain that every person offending therein shall for 
every such ottence forfeit and pay the sum of £b ; and that no fire 
shall be kept on board of any such ship or vessel, &c. in any such 
port, harbour or haven, between the hours of eleven in the evening and 
five in the morning, from the 1st October to the 31st March inclusive ; 
nor between the hours of eleven in the evening and four in the morn¬ 
ing, from the 1st April to the 30th September inclusive, in every 
year; upon pain that every owner, master, or other person, having the 
charge or command of any such ship or vessel, &c. shall for every 
such offence forfeit and pay the sum of £b ; and that no pitch, tar, 
rosin, turpentine, grease, tallow, oil, or any other combustible matter 
whatsoever, shall be boiled or heated on board any such ship or ves¬ 
sel, &c. within the distance of 250 yards from any of his Majesty’s 
ships or vessels of war, or hired armed ships or vessels in his Ma¬ 
jesty’s service, in any of the ports, harbours, havens, roads, roadsteads, 
creeks, sounds, bays, or navigable rivers as aforesaid, where the same 
may happen to be; nor within the distance of 250 yards from any of 
his Majesty’s docks, dock-yards, arsenals, or wharfs, upon pain that 
every owner, master, or other person, having the charge or command 
of any such ship or vessel, &c. shall for every such offence forfeit and 
pay the sum of £b. § 7. 


PORTS AND HARBOURS OF ENGLAND, &c. 57 

Penalty on keeping guns shotted .- -And further, if any owner, mas¬ 
ter, or other person, having the charge or command of any private 
ship of war, transport, or other private or merchant ship or vessel 
whatsoever, shall, while such ship or vessel shall lie, or be in any of 
such ports, harbours, &c. within the United Kingdom as aforesaid, 
keep any gun or guns of and belonging to such ship or vessel shotted 
or loaded with ball, or shall fire or discharge, or cause or permit to be 
fired or discharged, any gun or guns on board such ship or vessel 
lying therein, before sun-rising or after sun-setting, every such owner, 
master, or other person as aforesaid, shall, for every such gun so kept 
shotted or loaded, forfeit the sum of five shillings, and for every gun 
so fired or discharged, the sum of ten shillings. § 8. 

Power to enter private ships to search. —And, for the better discovery 
of offenders against this act, and for the purpose of bringing them to 
punishment, it shall be lawful for any such harbour-master, and also 
for any officer belonging to any of his Majesty’s ships or vessels of 
war, docks, dock-yards or arsenals, and also for any person or persons 
in their or any or either of their aid or assistance, at any hour between 
sun-rising and^sun-setting, to go and enter into and on board of any 
such ship or vessel, lighter, barge, boat, or other craft, in order to 
search for gunpowder, guns shotted, and the heating and melting such 
combustible matters aforesaid, within the limits wherein the same are 
by this act prohibited; and if the owner, master, or other person then 
on board, having the charge or command of any such ship or vessel, 
&c. shall, upon demand in that behalf made, refuse to permit, or 
shall not permit, any such person or persons as aforesaid, to come and 
enter into and on board of any such ship or vessel, &c. and to make 
a due and proper search and examination for the purposes aforesaid, 
every such owner, &c. as aforesaid, shall for every such offence forfeit 
the sum of .*£10. § 9. 

None to sweep for his Majesty's stores. —And for the better preven¬ 
tion of the embezzlement of his Majesty’s stores, be it enacted, that 
no person or persons, not being in his Majesty’s service, or employed 
in his Majesty’s dock-yards or arsenals, and in the regular perform¬ 
ance of his duty, or not being authorized so to do for his Majesty’s use, 
by licence under the hand of some commissioner of his Majesty’s navy, 
which said licence any such commissioner is hereby empowered to 
grant, and also to revoke at his will and pleasure, shall on any account 
or pretence whatsoever creep or sweep for anchors, cables, ropes, 
rope-yarns, or other stores, lost or supposed to be lost, in any of the 
ports, harbours, havens, roads, roadsteads, sounds, channels, creeks* 
bays, and navigable rivers of this kingdom as aforesaid, within the dis¬ 
tance of 100 yards from any of his Majesty’s ships or vessels of war, 
or hired ships or vessels in his Majesty’s service, or from any moor¬ 
ings belonging to his Majesty, or within any such distance so to be 
marked as aforesaid, upon pain of forfeiting, for every such offence, 
the sum of <*£10. § 10. 

Persons letting ballast or rubbish go into the sea. —And further, if 
the owner, master, or other person, having the charge or command of 
any private ship of war, transport, or other private or merchant ship 
or vessel, lighter, barge, boat, or other craft whatsoever, or any person 
working any quarry, mine, or pit, near to the sea, or to any such 
harbour, haven, or navigable river as aforesaid, or any other person or 
persons whatsoever, shall cast, throw, empty, or unlade, or cause of 
procure to be cast, thrown, emptied, or unladen, either from or out of 


58 PORTS AND HARBOURS OF ENGLAND, &c. 

any such ship or vessel, &c. or from the shore, any ballast, stone, slate, 
gravel, earth, rubbish, wreck, or filth, into any of such ports, roads, 
roadsteads, harbours, havens, or navigable rivers of this kingdom as 
aforesaid, so as to tend to the injury or obstruction of the navigation 
thereof, or in any place or situation on the shore where the same shall 
be liable to be washed into the sea, or into any such ports, roads, &c. 
either by ordinary or high tides, or by storms or land-floods ; every 
such person and persons so offending shall, for every such offence, forfeit 
and pay a sum not exceeding the sum of <£10, over and besides all ex¬ 
penses which may be incurred in removing to a proper place the said 
matters which may have been deposited contrary to the provisions of 
this act, such expenses to be recoverable in such manner and with such 
power of commitment on non-payment thereof, as in cases of penalties or 
forfeitures under this act: provided that nothing herein contained shall 
extend, or be construed to extend, to the casting out, unlading, or 
throwing out of any ship or vessel, lighter, barge, boat, or other craft, 
any stones, rocks, bricks, lime, or other materials, used or to be used in 
or towards the building, repairing, or keeping in repair any quay, pier, 
wharf, wear, bridge, or other building, or the banks or sides of any 
port, harbour, haven, channel, or navigable river, or any materials for 
repairing any highway; any thing herein contained to the contrary 
thereof in anywise notwithstanding. § 11.* 

Maimer to unlade ballast. —And for the more effectually preventing 
such injuries, no ship or vessel, lighter, barge, boat, or craft whatsoever, 
shall unlade on any part of the shore (except on some wharf properly 
constructed for the purpose) any ballast, stone, slate, gravel, earth, 
rubbish, wreck, or filth, except at the time of high water, or within two 
hours before or two hours after high water; and that, for every such 
purpose, every such ship or vessel, &c. shall approach the shore, as far 
as the tide and the draught of water of such ship, vessel, &c. will admit, 
and shall, under no circumstances, and in no situation, deposit any of 
the said matters below low-water mark at neap tides; and that every 
vessel drawing above eleven feet of water at the stern, shall unlade all 
such materials into some lighter, barge, or boat, as hereinbefore directed, 
in order that the same may be conveyed as near the shore as possible at 
the time of high water, as hereinbefore directed. § 12. 

How ballast to be cast on shore. —And further, all such ballast and 
other matter shall, in all the above-mentioned cases, be cast on shore, 
from the side of the ship, lighter, barge, boat, or other craft, which shall 
be nearest to the land, and not otherwise; and every person who shall 
offend in any of the above particulars shall, for every such offence, forfeit 
and pay a sum not exceeding the sum of £10, over and above all ex¬ 
penses which may be incurred in removing to a proper place the said 
matters which may have been deposited contrary to the provisions of 
this act, such expenses to be recoverable in such manner, and with such 
powers of commitment on non-payment thereof, as in cases of penalties 
or forfeitures under this act. § 13. 

Penalty on taking ballast from the shore. —And, in order to prevent 
damage being done to the shores or banks of the ports, harbours, or 
havens in this kingdom, no person. shall take any ballast or shingle 
from the shores or banks, or any portion of the shores or banks of any 
port, harbour, or haven of this kingdom, from which the commis¬ 
sioners for executing the office of lord high admiral of the United 
Kingdom for the time being, shall find it necessary, for the protection 


* Notice to this effect given in the Gazette, November 29 , 1814 . 



PORTS AND HARBOURS OF ENGLAND, &c. 59 

of such port, harbour, or haven, or the works thereof, by order under 
their hands, or the hands of any three of them, or the hands of his or 
their secretary, and published in The London Gazette , to piohibit 
the taking 1 or removing of such shingle or ballast, upon pain of for¬ 
feiting, for every such offence, the sum of <£10. § 14. 

Tarpaulins to be used. —And further, in the taking of ballast into 
any ship or vessel, Jighter, barge, boat, or other craft, and also in the 
discharging of the same from any ship or vessel into any lighter, boat, 
barge, or other craft, every such ship or vessel, &c. shall be provided 
with, and shall make use of one or more tarpaulin or tarpaulins pro¬ 
perly stretched and spread, in order to prevent such ballast, or any 
part thereof, from falling into the sea, or into any harbour, haven, or 
navigable river: and in case any person or persons shall either take 
any ballast into any ship or vessel, lighter, barge, boat, or other craft, 
or shall discharge the same from any such ship or vessel into any 
lighter, barge, boat, or other craft, without using such sufficient tar¬ 
paulin or tarpaulins, properly stretched and spread, in order to pre¬ 
vent such ballast or any part thereof, from falling into the sea, or into 
any such harbour, haven or navigable river; every person offending 
therein shall, for every such offence, forfeit and pay the sum of <£5. 

§ 15 . 

Dispensing of provisions relative to ballast. —And further, it may be 
lawful for the lord high admiral, or lords commissioners for executing 
the office of lord high .admiral, to grant licences under their hands and 
seal of office, or under the hand and seal of office of his or their secre¬ 
tary, for dispensing with the foregoing provisions relative to ballast, 
in cases that may seem to require such dispensation. § 16. 

Vessels sunk to be raised. —And whereas ships or vessels, lighters, 
barges, boats, and other craft, are oftentimes sunk or stranded in the 
ports, harbours, havens, roads, roadsteads, sounds, channels, creeks, 
bays, and navigable rivers of this kingdom; and the same or the hulks 
thereof are frequently suffered to sink into and remain in the sand 
there, to the great damage of the said ports, harbours, &c. and also to 
the great danger and damage of the ships and vessels coming and re¬ 
sorting to the same; for remedy thereof, be it enacted, that when and 
as often as any ship or vessel, lighter, barge, boat, or other craft, shall 
be sunk or stranded in any port, harbour, haven, road, roadstead, 
sound, channel, creek, bay, or navigable river in this kingdom, where 
such harbour-master shall be so appointed as aforesaid, it shall be 
lawful for any such harbour-master, and also for any commissioners of 
the navy, residing in or near the place where the same shall happen, 
in case the owner or owners, master or other person having the charge 
or command of such ship or vessel, &c. shall refuse or neglect to 
weigh and raise the same for the space of twenty-eight days then next 
following, to cause any such ship or vessel, &c. to be weighed and 
raised, and to cause the same, and the furniture, tackle, and apparel 
thereof, or any part thereof respectively, and also all or any part of 
any goods, wares, merchandises, chattels, and effects which shall be 
found on board the same, to be sold by public auction, or otherwise, 
and thereby and therewith to pay the charges and expenses of weighing 
and raising such ship or vessel, &c. and clearing the port, harbour, &c. 
or navigable river, where the same shall happen, and also the charges 
and expenses of such sale, rendering the overplus (if any be) to the 
owner or owners, or other person or persons who by law shall be 
entitled to the same. And every such harbour-master, and comm is- 


60 PORTS AMD HARBOURS OF ENGLAND, &c. 

• 

sioners of the navy, and all and every officer and officers of any of his 
Majesty’s ships of war, docks, dock-yards, and arsenals, and all and 
every other person and persons acting in his, their, or any of their aid 
or assistance, shall he, and he and they is and are hereby indemnified 
for all and whatsoever he or they shall do or cause to be done in 
pursuance of this act. § 17, 18. 

Harbour-master neglecting for two months .—Provided always, that 
in case the said harbour-master or commissioner of the navy, shall not 
proceed to cause such ship or vessel, lighter, barge, boat or other craft 
to be weighed and raised within the space of two calendar months 
next after the expiration of the said twenty-eight days, then and in that 
case, it shall and may be lawful to and for such owner or owners, 
master or other person, to proceed to weigh and raise such sunken or 
standard ship or vessel, &c. and the goods and effects therein, in the 
same manner, as if this act had not been made and passed. § 19. 

Commissioners of the navy to act as justices .—And every commis¬ 
sioner of the navy, who for the time being shall be residing at any 
port, dock-yard, or arsenal, near to any place where any offence 
against this act may be committed, shall be and be deemed to be a jus¬ 
tice of the peace, for all the purposes of this act; and that all and 
every the laws and statutes of this realm made and now in force, for 
the ease, safety, and protection of justices of the peace in the execu¬ 
tion of their office, shall extend, and be construed to extend to all such 
commissioners of the navy, and to all constables, headboroughs, or 
other peace-officers or persons acting under the warrant or authority 
of any such commissioner of the navy, as fully and effectually to all 
intents and purposes, as if the same were herein and hereby repeated 
and re-enacted as to and for the ea^e, safety, and protection of such 
commissioners of the navy, and the constables, headboroughs, or 
other peace-officers or persons acting under their or any of their 
warrant of authority. § 20. 

Limitation and recovery of penalties .—All the penalties and for¬ 
feitures imposed by this act shall be sued for within twelve calendar 
months next after the offence or offences shall be committed, before 
any commissioner of the navy or justice of the peace, residing at or 
near to the place where any such offence or offences shall be com¬ 
mitted ; all which said penalties and forfeitures shall go and be ap¬ 
plied as follows, (that is to say;) one moiety thereof to his Majesty, 
and the other moiety, with full costs, to the informer; and every com¬ 
missioner of the navy and justice of the peace is authorized and re¬ 
quired, upon information exhibited or complaint made, to issue his 
warrant in writing under his hand, to bring before them respectively 
such offender or offenders at the time and place in such warrant spe¬ 
cified; and if on the conviction of the offender or offenders re¬ 
spectively, on his, her, or their confession, or on oath, (which oath 
every such commissioner of the navy and justice of the peace is hereby 
authorized and empowered to administer,) such penalty or forfeiture, 
together with such costs as aforesaid, shall not be forthwith paid, it 
shall be lawful for such commissioner of the navy or justice of the 
peace to commit any such offender or offenders to the common gaol 
or house of correction for the county, city, or borough, at or near to 
the place where the offence or offences shall be committed, there to 
remain without bail or mainprize, for any time not exceeding three 
months, unless such penalty or forfeiture and costs shall be sooner 
paid § 21. 

Extent of jurisdiction of commissioners and justices .—And whereas 


PORTS AND HARBOURS OF ENGLAND, &c. CX 

divers ports, harbours, havens, roads, roadsteads, sounds, channels* 
creeks, bays, and navigable rivers, in this kingdom, do lie partly in 
one county and partly in another, and partly or in the whole out ol 
the body of any county of this realm; by reason whereof doubts may 
arise as to the jurisdiction of any commissioner of the navy or justice 
of the peace, touching any offence or offences which may be committed 
contrary to this act; be it therefore enacted, that it shall be lawful for 
any commissioner of the navy, residing at or near to any port, har¬ 
bour, or haven, or any part thereof, or for any justice of the peace for 
any county, city, or borough, acting in and for any district or place 
next adjoining to any such port, harbour, haven, road, roadstead, 
sound, channel, creek, bay, or navigable river, or any member cf any 
of them, where any such offence or offences may be committed, to 
proceed in the execution of this act, and of all the powers and autho¬ 
rities thereof, herein and hereby given to commissioners of the navy 
and justices of the peace, in such and the same manner, and as fully 
and effectually to all intents and purposes, as if such offence or offences 
had been-committed locally within the limits of the jurisdiction of 
such commissioner of the navy or justice of the p^ace, although the 
same may have been committed out of the limits of the jurisdiction of 
such commissioner or justice, or out of the body of any county of this 
realm. § 22. 

Offenders .—Every commissioner of the navy and justice of the 
peace before whom any person or persons shall be convicted of any 
offence or offences against this act, shall and may cause the conviction 
to be drawn up according to the following form, or in any form of 
words to the like effect, mutatis mutandis; which conviction shall be 
good and effectual to all intents and purposes, without stating the case, 
or the facts or evidence, in any more particular manner (that is to say;) 

Form of conviction .—“ Be it remembered, that on 
day of in the year of our Lord 

A. B. is convicted before me 

one of the' commissioners of the navy, or one of his 
Majesty’s justices of the peace for the of 

[as the case may 6e] for that the said A. B. on the 
day of at 

did [i here state the offence against this act] contrary to the statute in 
such case made and provided. Given under my hand and seal the 
day and year first above written.” 

Which conviction the said commissioner or justice shall cause to be 
fairly written upon parchment or paper, and returned to the next 
general quarter sessions of the peace for the county, division, city, 
town corporate, liberty, or place, where such conviction was made, to 
be filed by the clerk of the peace, and there to remain and be kept 
among the records of the same county, division, or place ; and the 
same shall not be removed by certiorari, advocation, or suspension, 
or any other process whatsoever, into any court whatsoever. § 23. 

Punishing witnesses not attending .-—If any person or persons shall 
be summoned as a witness or witnesses to give evidence before any 
such commissioner or justice of the peace, touching any of the matters 
relative to this act, either on the part of the informer or prosecutor, 
or of the party or parties accused, and shall neglect or refuse to 
appear at the time and place to be for that purpose appointed, with¬ 
out a reasonable excuse for such his, her, or their neglect or refusal, 
to be allowed by such commissioner, or justice of the peace before 


62 PORTS AND HARBOURS OF ENGLAND, &c. 

whom the complaint or prosecution shall be depending', that then 
every such person shall forfeit for every such offence the sum of 10/., 
to be recovered, levied, and paid and applied in such manner and by 
such means as is above directed with respect to fines on summary con¬ 
victions. And if any person, upon examination on oath or affirmation 
before any commissioner of the navy, or before any justice of the peace, 
in any matter relating to the execution of this act, shall wilfully and 
corruptly give false evidence, or shall in any information or deposition 
sworn, or affirmation taken in writing, before any such commissioner or 
justice, wilfully and corruptly swear or affirm any matter or thing 
which shall be false or untrue, every such person so offending, and 
being thereof lawfully convicted, shall be and is hereby declared to be 
subject and liable to the like pains and penalties as any persons con¬ 
victed of wilful and corrupt perjury are by any law now in force subject 
and liable to. § 24, 25. 

Appeal. —It shall be lawful to and for any person so convicted by 
any commissioner of the navy or justice of the peace of any offence 
against this act, within three calendar months next after such convic¬ 
tion, to appeal to the justices of the peace assembled at the general 
quarter sessions holden for the county, city, or place, where the matter 
of appeal shall arise, first giving ten days’ notice of such appeal to the 
person appealed against, and of the matter thereof, and entering into a 
recognizance before some commissioner of the navy, or justice of the 
peace for such county, &c. with two sufficient sureties conditioned 
to try such appeal, and for abiding the determination of the court 
therein ; and such justices at the general quarter sessions shall, upon 
due proof of such notice having been given, and a recognizance 
having been entered into, hear and determine the matter of such ap¬ 
peal, and may either confirm, or quash and annul the said conviction, 
and award such costs to either party as to them shall seem just and 
reasonable ; and the decision of the said justices therein shall be final, 
binding, and conclusive. But if any action or suit shall be commenced 
against any person for any thing done in pursuance of this act, such 
action or suit shall be commenced within six months after the matter or 
thing done, and the venue therein laid in the proper county, and not 
elsewhere ; and the defendants in such action or suit may plead the 
general issue, and give this act and the special matter in evidence at any 
trial to be had thereupon ; and if a verdict shall pass for the defend¬ 
ants, or the plaintiff shall be nonsuited or discontinue his action, after 
the defendants have appeared, or if judgment, shall be given upon any 
verdict or demurrer against the plaintiff, the defendants shall recover 
treble costs, and have the like remedy for the same as defendants have 
by law in other cases. § 26, 27. 

Saving. —Nothing in this act to prejudice, diminish, abridge, alter, 
or take away any right of property, privilege, or jurisdiction, or any 
powers of conservancy, by any body corporate or politic, or by any lord 
or lady of any manor, or any person whatsoever. 

Cutting and destroying buoy-ropes , cables, fyc., see page 65 and in 
Salvage, Part III. Chap. II. 

Dealers in marine stores, regulations for, see in Salvage, Part III. 
Chap. II. 


PORT OF LONDON. 


63 


II. Of the Laws relating to the regulation of particular Ports and 

Harbours. 

London. —1. General Laws. 

2. Respecting Ballast. 

3. London Docks. 

4. West India Docks. 

5. East India Docks. 

6. St. Katharine Docks* 

7. Commercial Docks. 

8. Table of London Port or Dock Dues. 

9. Ports of England and Scotland. 

Of the port of London and the river Thames. — Gunpowder. By 
the act 5 Geo. II. c. 20. no master of any ship or vessel outward-bound, 
shall receive, or cause or permit to be received, on board any such ship 
any gunpowder, either as merchandise or as stores or ammunition for 
the voyage (except for his Majesty’s service) before such ship or vessel 
shall be at, over against, or below Blackwall, upon the pain of forfeiting, 
for every fifty pounds weight of gunpowder to be so shipped or received 
on board such ship, the sum of 5/., and so in proportion for a greater or 
lesser quantity. § 2. 

The master of any ship coming into the river Thames shall land 
and put on shore all the gunpowder on board such ship, either before 
the arrival of such ship at Blackwall, or within twenty-four hours, in 
case the weather shall permit, after such ship shall come to an anchor 
there, or at the place of her unlading, upon the pain of forfeiting the 
sum of 5/. for every fifty pounds weight of gunpowder found on board, 
and in the like proportion for a greater or lesser quantity. § 3.* 

By a subsequent act, the 12 Geo. III. c. 61. they are permitted to 
retain or receive on board twenty-five pounds weight of gunpowder, all 
above which is liable to forfeiture in both cases, with a penalty of 2s. for 
every pound of gunpowder found on board above the said twenty-five 
pounds. § 24. 

The magistrates have no power to mitigate the penalty. 

See also Provisions, in the Dock Acts. 

Firing of Guns, or Guns Shotted. —By the 5 Geo. II. c. 20. 
if any master or other officer of any ship (except his Majesty’s ships) 
shall, while such ship shall lie or be in the river of Thames, between 
London-bridge and Blackwall, keep any gun or guns, of and belonging 
to such ship, shotted or loaded with ball ; or shall fire or discharge, or 
cause or permit to be fired or discharged any gun or guns on board 
such ship, lying above Blackwall, before sun-rising or after sun-setting, 
such master, commander, or officer, shall, for every such gun so kept 
shotted or loaded, forfeit the sum of 5s., and for every gun so fired or 
discharged, the sum oflOs. § 4. 

Heating of Pitch, &c. —By the 5 Geo. II. c. 20. if any master 
of any ship, or any other persons on board the same, shall, while such 
ship shall lie or be in the river of Thames, between London-bridge 
and Blackwall, heat or melt, or cause or permit to be heated or melted, 
by fire, logger-heat, shot, or any other thing, on board any such ship, 
any pitch, tar, rosin, grease, tallow, oil, or other combustible matter or 


64 PORTS AND HARBOURS OF ENGLAND, &c. 

things, every person so offending shall, for every such ofFence, forfeit 
the sum of 5 1. §'4. 

The law allows no power of mitigation in this case. 

See also Provisions, in the Dock Acts. 

Mooring in St. Saviour’s Docks. —By the 5 Geo. II. "c. 20. it 
is enacted, that in case any ship or vessel shall be laid up or moored 
in the mouth or any part of St. Saviour’s Dock, in the county of 
Surrey, (except such vessels as shall be lading or taking in, or un¬ 
lading or delivering their respective cargoes ; and also except such 
vessels, not exceeding two in number at any one time, as shall lie in 
the yard called the Shipwrights’ Yard, at the north-west corner of the 
said dock, during the time .such ships and vessels shall be repairing, 
and no longer,) the master or owner of every such ship so laid up and 
moored shall forfeit and pay, for every day such ship shall so continue 
to be laid up or moored (unless for the purpose aforesaid) the sum of 20 s. 
§ 10 . 

Bum-Boats. —By the 2 Geo. III. c. 28. it is enacted, that persons 
using, letting out to hire, lending, or navigating bum-boats, or other 
boats on the river Thames, for the purpose of selling liquors, slops, 
tobacco, brooms, gingerbread, garden-ware, &c. (except such boats 
as shall be entered at the office of the Trinity-house) and persons 
taking in exchange, or by way of barter, or unlawfully receiving, &c. 
any ropes, cordage, tackle, goods, stores in merchandise, or any part 
of any cargo or loading of any ship in the said river, being convicted be¬ 
fore a magistrate, shall be deemed guilty of a misdemeanour, and the 
boat, with those on board, may be seized and searched, and the persons 
conveyed before a magistrate, and the boat, with her furniture and 
loading, upon such conviction, shall be forfeited. § 1. 

N. B. The penalties of a misdemeanour, under this act, are extended, 
by the 3D and 40 Geo. III. to £b, or eight weeks’ imprisonment, with 
a power of mitigation. § 19 

Bum-boats and others used upon the river Thames, for the purpose 
aforesaid, are to be entered by the owners at the office of the Trinity- 
house, when a number is to be given them, to be marked with their 
Christian and surnames and places of abode on the said boats. § 2 and 3. 

Persons duly authorized (as all the officers of the Trinity-corpora¬ 
tion and Thames-police) may stop and search any boats suspected to 
have ropes, cordage, tackle, apparel, furniture, stores, materials, or any 
part of the cargo or loading, from or out of any ship in the river; and 
may also apprehend and detain, or cause to be apprehended and detained, 
any person or persons who may be reasonably suspected of having or 
conveying any such goods, stores, or things in such boats, and carry the 
person suspected of being concerned therein before a justice ; when they, 
not giving a satisfactory account of how they came by the same, shall be 
adjudged guilty of a misdemeanour, and the boat and loading forfeited. § 5. 

By-Laws of the Trinity-House. —1. Respecting bum-boats .— 
Ship-masters discharging goods in the river, who shall permit bum- 
boats to come on board their ships at unseasonable hours, or who shall 
suffer the dirt of their ships to be put into their own boats at unseason¬ 
able hours, shall forfeit 20s. 

2. Respecting bread-rooms .—Every ship-master or mate drying or 


PORT OF LONDON. 65 

permitting bread-rooms to be dried in the night, or keeping any fire 
therein in the night, to forfeit £5. 

3. Rules to be observed in lading and discharging. —Every ship¬ 
master, &c. who shall suffer goods to be taken in or heaved out of 
his ship, without having a sail nailed to the sill of the port, or (if a 
small vessel) to the gunnel, to overhang the side of the lighter, shall 
forfeit 20«. 

Obligations on seamen , respecting good behaviour. —Every mari¬ 
ner who shall swear, curse, or blaspheme while on ship-board, shall 
forfeit one shilling to the poor’s box. Every mariner who shall get 
drunk, shall in like manner forfeit one shilling to the poor’s box. Every 
mariner who shall be obstinate and stubborn, and shall not obey the 
master’s lawful commands, or the mate’s or boatswain’s in the absence 
of the former, shall forfeit half his month’s pay to the poor of the cor¬ 
poration. 

Damaging Cables, Buoys , Buoy-ropes , fyc.— By the 2 Geo. III. 
c. 28. it is enacted, that if any person shall cut, damage, or spoil any 
cordage, cables, buoys, buoy-rope, head-fast, or other fast fixed to any 
anchor or moorings in the river Thames, or any ropes used for the 
purpose of mooring or rafting masts or timber, or shall be aiding or 
assisting therein, with an intent to steal the same, such person shall, 
being convicted thereof, on the oath of two or more credible wit¬ 
nesses, be transported for the space of seven years. § 13. 

Thames-police. —By the 39 and 40 Geo. III. c. 87. it shall be 
lawful for every Thames-police surveyor, in virtue of his office, subject 
to tlie orders of the justices of that establishment, to enter at all times, 
as well by night as by day, into and upon every ship, hoy, barge, 
lighter, boat, or other vessel, not being then actually employed in his 
Majesty’s service, lying or being in the said river, and within the 
limits of the aforesaid counties, city, and liberties respectively, and into 
every part of all such vessels, for the purpose of inspecting, and, upon 
occasion, directing the conduct of any constable who shall be stationed 
on board such ships, as also for the purpose of inspecting and observing 
the conduct of all persons who shall be employed on board of any ship, 
in or about the lading or unlading thereof, as the case may be ; and for 
the purpose of taking all such measures as may be necessary for pro¬ 
viding against fire and other accidents, as also for the purpose of pre¬ 
serving peace and good order on board of any ship or vessel, and for the 
effectual prevention in all cases of any felonies or misdemeanours whatso¬ 
ever which may be committed on board any ship, and for the effectual 
detection of any felonies or misdemeanours whatsoever which may have 
been committed, or which the said surveyor may have reasonable cause 
to suspect to have been committed, contrary to the true intent and 
meaning of this act. § 11. 

If any person shall wilfully destroy or damage, or endeavour to 
destroy or damage, any boat or boats in the service of the Thames- 
police, or any part of the sails, oars, or other tackle belonging to any 
such boat, every person so offending shall forfeit, for every boat so 
destroyed or damaged, or attempted to be destroyed or damaged, any 
sum not exceeding <£15, or shall suffer imprisonment for any time not 
exceeding three months, over and above any such damages as may be 
recoverable by action at law. § 13. 

Breaking of casks , bags, and other packages. —If any person, 
employed in the landing or warehousing of any goods, or any other 

v 


66 PORTS AND HARBOURS OF ENGLAND, &c. 

person, shall wilfully cause or suffer, or be concerned in causing or 
suffering, to be broken, bruised, pierced, started, cut, torn, or other¬ 
wise injured, any cask, box, chest, bag, or other package containing, 
or being designed for containing any such goods, while on board of 
any barge, or any other craft in the river, or on any quay, wharf, or 

landing-place adjacent to the same, or in the way to or from any 

warehouse to or from which such package shall have been removed, 
removing’, or about to be removed, with the intent that the contents 

of such package, or any part thereof, may be spilled or dropped ; in 

every such case, every person so offending shall, for every offence, 
forfeit a sum not exceeding 40s. nor less than 10s., and shall, 
on conviction, be committed for any term not exceeding one calendar 
month, determinable on the payment of such penalty so imposed. 
§14. 

Letting fall , fyc. any articles for preventing seizure .-—If, for 
the purpose of preventing the seizure of any materials belonging to, 
or having been part of the cargo of any ship lying in the river, or 
of any other articles unlawfully obtained from such ship, such ma¬ 
terials or articles shall be wilfully let fall or thrown into the river, or 
in any other manner purposely conveyed away, or endeavoured to 
be conveyed away, from any such ship or vessel, boat, barge, lighter, 
craft, wharf, quay, or other landing-place, every person being party 
or accessory to such letting fall, throwing, or conveyance, or to any 
previous instruction or premeditated design so to let fall, throw, or 
convey away any such article or articles, with any such purpose as 
aforesaid, shall be deemed guilty of a misdemeanour ; and if any article 
or articles whatever of apparent value shall be wilfully let fall, thrown, 
or conveyed away, &c. from any ship or vessel into any boat, or from 
any boat, or from any wharf, quay, or other landing-place, without the 
order or assent of the person being the owner or having the lawful 
charge of such article or articles then landing, in such case it shall be 
lawful for any such constable or surveyor as aforesaid, or for any con¬ 
stable of the city of London, within the jurisdiction of the said city, to 
seize, apprehend, and secure any such boat, barge, lighter, or other 
craft, and every person therein, or who, by reason of his or her near¬ 
ness to the place where such offence shall be committed, shall be reason¬ 
ably suspected of being accessory thereto, and forthwith to convey every 
such person before the justices, or some justice, in whose jurisdiction 
such offence shall be committed ; and if upon examination it shall not 
be made to appear to the satisfaction of the said justices that such let¬ 
ting fall, throwing, or conveying away, or endeavour to Convey away, 
proceeded either from mere accident, or from some lawful cause, and not 
from any such fraudulent or evasive design as aforesaid, every person 
so appearing to be party, privy, or accessory as aforesaid, shall be 
deemed and adjudged guilty of a misdemeanour, and shall suffer as 
hereinafter mentioned. § 1 5. 

False bills of parcels .—Every person who, to prevent any article 
from being seized on suspicion of being stolen, or being pioduced 
as evidence, shall frame or cause to be framed, or be any ways con¬ 
cerned in framing or causing to be framed any bill of parcels con¬ 
taining any false statement in regard to the name or abode of any 
alleged vender, the quantity or quality of such goods or valuables, the 
place whence, or conveyance by which, the same were furnished, the 
price agreed upon or charged for the same, or any other particulars, 
knowing such statement to be false, shall be adjudged guilty of amisde- 



PORT OF LONDON.—BALLAST. 


67 


meanour; and may, moreover, at the discretion of the justices in whose 
jurisdiction the offences shall be committed, be published and advertised 
as a fabricator of false bills of parcels, or as a convicted and reputed 
receiver of goods stolen, or otherwise unlawfully obtained, as the case 
may be. § 17. 

Penalties. —For misdemeanours or offences for which no special 
pecuniary penalty is appointed, the offender shall forfeit, at the discre¬ 
tion of the special justice appointed under the Thames-police act, or of 
such other justice before whom any conviction shall take place within 
their respective jurisdictions, any sum not exceeding <£5 nor less than 
20s , or shall suffer imprisonment for any time not exceeding eight weeks 
nor less than two weeks ; or shall forfeit and pay any sum not exceed¬ 
ing 40s. nor less than 10s., and shall besides suffer imprisonment for 
any time not exceeding four weeks nor less than one week. § 19. 

Obstructing Officers, &c. —By the 2 Geo. III. c. 28. it is en¬ 
acted, that in case any person acting in the execution of any of the 
powers 'granted by this act, shall be obstructed therein, every person so 
obstructing, and all such as shall act in their assistance, shall, on being 
thereof convicted before the justices of the peace at the general or 
quarter sessions of the county or city adjoining to the river Thames, 
upon the oath of two or more credible persons, be transported for the 
term of seven years. § 19. 

Of Ballast in the River Thames. 

ABSTRACT of an ACT to repeal two Acts, passed in the sixth and 
thirty-second years of his late Majesty, for the regulation of Lastage 
and Ballastage in the river Thames; and to make more effectual 
regulations relating thereto. 45 Geo. III. c. 98. 

Whereas the lastage and ballastage of all ships and vessels coming 
or going in or out of the river Thames, or elsewhere between London- 
bridge and the main sea, or any wharf, &c. and the supplying of ballast 
to all such ships and vessels have been by certain ancient grants of 
Queen Elizabeth and King Charles II., respectively dated the 11th 
day of June, 1594, and the 24th day of June, 1665, or by one of the 
said grants, vested in the master, wardens, and assistants of the Trinity- 
house, who have heretofore enjoyed the same under such grants, and 
have received and applied the emoluments and profits thereof to the 
use and benefit and in the relief of many poor and decayed seamen, 
their wives, widows, and orphans, pursuant to the said grant of his 
said Majesty King Charles II. : and whereas the said grants were 
recognized and confirmed by the 6 Geo. II. c. 29. and the 32 Geo. II. 
c. 16.: and whereas the commerce of London, and the number and 
burthen of the ships and vessels navigated on the said river of 
Thames have since greatly increased ; and it is essential to the 
trade and commerce of the said city, and the safety and accommodation 
of the ships and vessels remaining and passing and repassing on the 
said river, that the utmost attention should be paid to the state of the 
said river, and especially to the means of deepening the bed and chan¬ 
nels thereof: and whereas it has become necessary that further provi¬ 
sions should be made for the better securing to the said corporation the 
lastage and ballastage, and the exclusive right of supplying ballast as 
aforesaid; and that further powers should be given to the said corpora¬ 
tion, and effectual regulations made for the protecting of such 

f 2 


05 .T«AJJLAa—KOCWOJ 10 TIIO*! 

63 PORTS AND HARBOURS OP ENGLAND, &c. 

exclusive right, and for the procuring and distributing of ballast, &c. : 
and it is expedient that the said recited acts should be repealed, and 
that new provisions should be made for the purposes aforesaid; and 
they are repealed accordingly. 

Soil of river between London-bridge and the main sea. —The sole 
right of supplying all ships and vessels with ballast that shall pass and 
repass in the river Thames between London-bridge and the main sea, 
and of digging, raising, and taking up gravel, sand, and soil of the said 
river between London-bridge and the main sea, is vested in the said 
corporation; and every person not duly authorized who shall raise 
any gravel, &c. from the bed or channel of the said river, for the bal¬ 
lasting of any vessel being, remaining, or lying in or going out of the 
said river or elsewhere, between London-bridge and the main sea, or 
any dock, &c. or who shall supply any other ballast to any such ship or 
vessel, shall for every ton of ballast so raised or supplied forfeit the 
sum of ten pounds. § 2. 

Penalty for taking ballast except from the corporation. —If any 
owner, master, mate, or any other person, shall procure or receive on 
board of any ship in the river Thames between London-bridge and the 
main sea, &c. as ballast, any gravel, &c. of the river Thames, or any 
other gravel, &c. or commodity whatsoever (heretofore furnished by the 
said corporation as ballast) other than such as shall be furnished by the 
said corporation, or such as shall be allowed and permitted to be taken 
for that purpose, and also other than such land-ballast as is hereinafter 
allowed to be shipped eastward of the town of Woolwich, in the county 
of Kent, every such person shall for every such ton of ballast so pro¬ 
cured, &c. forfeit the sum often pounds. § 3. 

King’s ships may take in any quantity of sea or other ballast. § 4. 

Bricks, fyc. as ballast. .—The owner or master of any ship may ship 
as ballast from London or any part of the river Thames, any quantity of 
bricks, tiles, or lime, or any chalk (not being chalk rubbish) or flints, or 
any other merchandize whatever, without paying anything to the said 
corporation, and without making any entry thereof at the ballast-office, 
or at the Custom-house in London, in case such chalk or flints are taken 
and used as ballast only. § 5. 

Land-ballast may be shipped eastward of Woolwich. —Any person 
being the proprietor, &c. of quarries, pits, or works of chalk, flint, and 
lime, eastward of the town of Woolwich, may supply land-ballast from 
their respective quarries, &c. to any ships ; so that the several quan¬ 
tities of such land-ballast from all the said quarries, &c. do not in any 
one year (after notice to the contrary given by the said corporation, in 
manner hereinafter mentioned) exceed in the whole 60,000 tons, or 
such other total quantity greater than 60,000 tons as shall be expressed 
in such notice. § 6. 

Persons taking in such land-ballast to be entered. —That the master 
of any ship who shall cause any such land-ballast to be shipped on 
board of any ship, shall make a due entry at the place from which such 
shipment shall be made, and in books to be provided for that purpose 
by the corporation, of the name of such ship, and of the place to which 
she shall belong, and of the master, and likewise of the true and 
utmost quantity of such land-ballast to be shipped in such ship, and 
shall pay to the proprietors, &c. of the said works, for the use of the 
said corporation, one penny for every ton of the said land-ballast so to 
be entered or shipped as aforesaid, &c. § 7. 

Penalty on not making such entry and payment. —If any master, 


PORT OF LONDON.—BALLAST. 


69 


&c. of any ship, or the owners of the quarries, &c. shall, without such 
entry and payment, ship or put on board any such ship any such land- 
ballast, or shall ship any greater quantity than what shall be so en¬ 
tered and paid for, every person so offending shall for every such 
offence forfeit and pay the sum of ten pounds for every ton of land- 
ballast so shipped without such entry and payment as aforesaid. § 8. 

Quantities of dung , fyc. allowed to be shipped as ballast. —The 
master of any ship may ship as ballast from London or any part of 
the said river Thames, any dung or compost, or any soap ashes, soap 
waste, tobacco pipe clay, or other clay, (subject to the payment of the 
rates and duties, &c. concerning the same,) so that the several quan¬ 
tities of all dung and other the said commodities, &c. (other than the 
said land-ballast from the quarries eastward of Woolwich,) do not in 
any one year (after notice to the contrary by the said corporation) 
exceed in the whole 10,000 tons of such dung, and other the said com¬ 
modities, or such other total quantity greater than 10,000 tons as shall 
be expressed in such notice. § 9. 

Entry to be made at the ballast-office. —Before the master, &c. of any 
ship shall permit any land-ballast, or dung, or other commodities to be 
shipped, such master shall make a due entry at the ballast-office of the 
Trinity-house, in London, or shall make such entry (except in the last 
seven days of the month of May yearly) with the officer of the said Trinity- 
house at Gravesend, and not in any other place, (except in relation to 
the shipment of land-ballast eastward of the town of Woolwich,) of all 
commodities which shall be shipped as ballast, and of the name of such 
ship, and the master, and at the time of making of such entry shall pay 
to the said corporation one penny for every ton of the said commodities. 
§ 10 . 

Penalty on not making entry.— If any master, &c. of any ship shall 
ship any such commodities before such entry and payment, or shall ship 
any greater quantity thereof than what shall be so entered and paid for, 
he shall forfeit the sum of five pounds for every ton. §11. 

Notice for restricting the quantity of land-ballast. —The corporation 
may, by notice from time to time to the owners of the quarries, &c. 
eastward of Woolwich, limit the total quantity of land-ballast to be 
shipped from the said quarries to 60,000 tons, or any quantity greater 
than 60,000 tons, within any one year subsequent to such notices, 
and also the total quantity of dung and other commodities shipped as 
ballast, (other than the said land-ballast,) to 10,000 tons, or any 
quantity greater than 10,000 tons, and which notices shall be inserted 
three times in the London Gazette, and in one morning and one evening 
newspaper usually circulated in London; and such restrictions shall 
take effect from the end of six calendar months after the third insertion 
of such notices, and until the said corporation shall by other such notices 
rescind, vary, or alter the said restriction. § 12. 

Dung , fyc. not to be shipped without being first put into lighters .— 
No person shall deliver on board any ship in any part of the river 
Thames westward of the town of Woolwich, any dung, compost, or 
other commodity as ballast for such ship, otherwise than by and out of 
some lighter, and not directly from any wharf, quay, or shore, on pain 
of forfeiting the sum of five pounds for every ton of dung, &c. so deli¬ 
vered or received on board. § 13. 

Power for the corporation to furnish vessels with land-ballast .-— 
The corporation may supply ships with other good and fit ballast for 


70 PORTS AND HARBOURS OF ENGLAND, &c. 

the purpose of making good any apprehended deficiency of ballast 
raised from the bed of the river Thames below London-bridge, or to 
license masters of ships to procure ballast wheresoever the same can be 
lawfully had, the said masters paying to the corporation one penny per 
ton for such ballast, as in the respective licenses shall be expressed: 
ballast furnished by the said corporation as aforesaid shall be paid for as 
if taken from the bed of the river Thames below London-bridge. § 14. 

No ballast to be taken from the bed of the river above or westward 
of London-bridge without the license of the Lord Mayor of London 
as conservator of the river Thames, and every license so given shall be 
in force until the same shall be revoked by notice in writing from the 
Lord Mayor for the time being, such notice to be delivered or left at the 
Trinity-house in London. § 15. 

Ballast brought into the Thames to be put into the ballast-lighters .— 
The ballast of every ship coming into the river Thames shall be put, 
at the expense of the owner or master, on some common wharf or quay 
near to the said river, or on some ground or place above high water 
mark, or otherwise shall be unladen into lighters of the said corpora¬ 
tion, which they are hereby required to furnish and send on any 
demand for the same being made in writing at the ballast-office of the 
said corporation, by the master, &c. and on paying for so unlading 
at the rate of sixpence per ton, which money, and also such additional 
rates or prices as are hereinafter allowed and given to the said cor¬ 
poration for unlading any ballast in any of the docks hereinafter men¬ 
tioned shall be paid within twenty-four hours after any such ballast 
shall be carried away from any such ship; and in case of non-payment, 
the same may be recovered for the use of the said corporation, by action 
of debt in any of his Majesty’s courts of record at Westminister, in the 
name of the said corporation, against any such owner or master of any 
such ship, together with full costs of suit. § 16. 

Ballast removed from one ship may be put on board any other. —All 
such ballast so received out of any ship may be laden and put on board 
any other ship in the river wanting ballast, at the rates allowed for bal¬ 
last furnished by the said corporation. § 17. 

Throwing ballast into the Thames. —Every person who shall throw 
into the said river Thames any rubbish, earth, ashes, dirt, or soil from 
any wharf, or out of any barge, shall forfeit any sum not exceeding 
twenty pounds, nor less than forty shillings. § 18. 

Penalty on throwing ballast into the Thames from ships. —No 
ballast of any kind shall be thrown out of any ship or vessel into the 
river Thames; and every captain, &c. who shall throw or procure, or 
suffer to be thrown, any ballast into the river Thames, or shall unload 
any ballast on any shore or place below the high water mark in the 
said river, shall forfeit the sum of twenty pounds. § 19. 

Lighters to be marked according to tonnage. —The tonnage of every 
lighter belonging to the said corporation as a ballast lighter, shall be 
marked at the stem and stern with visible gauge marks, distinguishing 
every two tons and a half of the tonnage thereof respectively. § 20. 

Masters of vessels to appoint persons to survey ballast-lighters. — It 
shall be lawful for the masters of all ships taking ballast of the corpora¬ 
tion to meet in the square at Billingsgate, on the third Monday in 
Tune, in every year, and to adjourn to such place as the majority of 
them shall think fit, and then and there by writing, under their hands 
and seals, or under the hands and seals of the major part of them, to 


PORT OF LONDON.—BALLAST. 


71 


appoint one or more persons, being or having been masters or mates of 
ships, to inspect and survey all the ballast-lighters belonging to the 
corporation, and which persons are authorized and empowered to ex¬ 
amine the marks of every such lighter; and if they shall suspect that 
the gauge mark of any lighter hath been removed or altered, it shall be 
lawful for the major part of them, by writing under their hands and 
seals, to require the corporation to cause such lighter to be reweighed 
(so as that no more than one lighter shall be so reweighed in any one 
w r eek), and if such lighter shall be found to be of a less tonnage than 
shall by the mark thereof be denoted or ought to be, the corporation 
shall, besides defraying all the costs of reweighing, make good any 
deficiency of ballast to any person who may have failed of receiving 
such just quantity, by reason of any alteration of the mark. § 21. 

Lighters to be trimmed. —Immediately before the delivery of ballast 
to any ship out of any ballast-lighter the ballast-man shall trim such 
lighter so as to make the same swim at equal marks at the stem and 
stern, and pump all the water out; and if any ballast-man or other per¬ 
son, working on board such lighter, shall obstruct any person, so ap¬ 
pointed to inspect lighters, from going on board in order to examine 
and inspect the same, or shall begin to deliver ballast on board any ship 
before such lighter shall be so trimmed and the water pumped out, 
such person shall forfeit a sum not exceeding five pounds, nor less 
than twenty shillings. § 22. 

Prices for ballast, § 23, see Table, p. 77. 

Wages of ballast-men. —The corporation shall pay the ballast-men 
employed by them in the raising of ballast, the wages following: 

For the raising and carrying of every ton of ballast consisting of 
twenty hundred weight, so to be raised and carried to any such ship or 
vessel, not less than the sum of sixpence, nor more than the sum of 
eightpence, at the discretion of the said corporation. § 24. 

Demurrage for detention of lighters. —The owner or master of 
any ship who shall delay or detain any lighter of the corporation 
beyond the time necessary for delivering on board such ship the ballast 
directed to be delivered to and brought by such lighter to be put on 
board the same, shall pay to the said corporation for such delay and de¬ 
tention, the sum of one shilling and sixpence per hour for every hour 
of such lighter’s detention, over and above the time necessary for com¬ 
pleting the delivery of such ballast: Provided always, that nothing 
herein contained shall extend to charge any ship, or the owners or 
masters thereof, which may receive ballast from the said corporation, or 
out of which ballast may be unladen in any or either of the before- 
mentioned docks, with demurrage for or on account of any detention 
of any of the ballast lighters of the said corporation in the said docks. 
§ 25. 

Obstructing the passage of ballast lighters. — If any master or 
owner of any ship, or any other person being on board, and 
having charge thereof for the time being, shall wilfully cause any ob¬ 
struction, or shall wilfully (after due and reasonable warning and 
request made in that behalf) continue, or shall refuse or neglect to 
remove any obstruction, whereby any ballast lighter shall be prevented 
from getting to the ship to which such lighter shall be duly ordered for 
the purpose of delivering any ballast thereto, or taking away any ballast 
therefrom, or whereby any ballast lighter shall be prevented from with¬ 
drawing and returning from such ship, after such delivery of or taking 
away any ballast as aforesaid, such master or owner, or other person, 


72 PORTS AND HARBOURS OF ENGLAND, &c. 

shall forfeit any sum not exceeding five pounds, nor less than forty 
shillings. § 26. 

Rulers of ballast-office neglecting to supply lighters .—If any ruler of 
the ballast-office, with whom any application or demand of the owner 
or other person belonging to any ship or vessel, for any lighter or 
lighters for the receiving of ballast to be unloaded out of any such 
ship, shall have been left in writing, shall refuse, or for twenty-four hours 
after the delivery of such written demand neglect to give proper orders 
for the supplying of a sufficient number of lighters for receiving such 
ballast, according to the number of tons that shall be specified in such 
demand, or if any ruler, to whom any application shall be duly made 
n writing by any person appointed to inspect lighters, for the reweigh¬ 
ing of any lighters, shall refuse or neglect to cause such lighter to 
be reweighed, in due course of the service, such ruler shall forfeit the 
sum of fifty pounds. § 27. 

Short delivery of ballast .—If any working ballast-man shall wilfully 
and knowingly deliver to any ship any ballast which shall fall short of 
the tonnage at and for which the same shall be delivered, the ballast- 
man shall, for every ton which the ballast so delivered shall fall short 
of the full tonnage or quantity for which the same was delivered, forfeit 
any sum not exceeding five shillings, nor less than two shillings and 
sixpence; and the ruler of the ballast-office shall upon demand repay 
to the owner or master of such ship, all such monies as shall have been 
paid to the corporation for ballast as shall not have been duly delivered. 
§28. 

Penalties for neglect or ref usal , and for irregularity in delivery of 
ballast .—If any working ballast-man shall neglect or refuse to deliver 
to any ship such quantity of ballast as the rulers of the ballast-office 
shall by their usual tickets for the purpose direct, or shall deliver any 
more or other ballast than shall be directed by the said rulers to be 
delivered to any ship, or shall wilfully deliver any quantity of ballast 
to any ship for which the same was not specifically and expressly in such 
ticket directed to be delivered, (unless the rulers shall have given licence 
or order to change the destination and delivery of any particular 
quantity from one ship to another, or unless such deviation from such 
original order shall have been necessarily occasioned by circumstances 
of wind or weather, or some other unavoidable necessity, to be judged 
of by the said rulers ;) or shall, by the space of twenty-four hours after 
any order given by any ruler for that purpose, neglect to take or receive 
any ballast from any ship coming into the river Thames, (unless pre¬ 
vented by frosty or tempestuous weather, or other reasonable hinder- 
ance ;) in such case, the ballast-man shall for every ton of ballast so 
directed by the ballast-rulers to be delivered on board any ship, which 
such ballast-man shall neglect or refuse to deliver, and for every ton 
of ballast so delivered without or contrary to the directions of the said 
rulers, and for every ton of ballast so neglected to be received, forfeit any 
sum not exceeding ten shillings, nor less than three shillings. § 29. 

Ballast-men taking or soliciting bribes , —If any ruler, clerk, or 
other person employed or acting in or about the ballast-office, or other¬ 
wise in the service of the said corporation, or any ballast-man, or any 
person on behalf of any of the parties aforesaid, shall, directly or in¬ 
directly, take or receive, or shall demand, ask for, or solicit, or by any 
ways or means endeavour to obtain of and from any person any bribe, 
sum of money, or other fee or reward, gratuity, or extra allowance, or 
promise of any money,, fee, or reward, (whether such demand or solicita- 


73 


PORT OF LONDON.—BALLAST. 

tion shall be complied with or not,) for or on account of any ballast, or the 
delivery of the same, to or for the use or service of any ship, or unlading 
the same from any ship, every such person not being a ballast-man shall 
for every such offence forfeit a sum not exceed \ugjifty pounds, and not 
less than Jive pounds, over and above any sum of money or benefit or 
advantage that may have been received by such person as such bribe 
as aforesaid ; and every ballast-man so offending shall forfeit a sum not 
exceeding ten pounds, and not less than forty shillings, over and above 
any sum of money, benefit, or advantage, that shall have been received 
by such ballast-man as such bribe as aforesaid. § 30. 

Bribery .—If any owner, master, or other person shall directly or 
indirectly, for or on account of any ballast or the delivery of the same, 
for the use of any ship, or unlading the same, give or pay, or 
offer or promise to give or pay, any bribe, sum of money, or fee or other 
gratuity or reward, to any ballast-man, or other person, in the service of 
the said corporation, or to any person for his use or behoof, or with 
intent that he or his family, or any person or persons on his behalf, 
should participate therein, or should derive any profit, emolument, or 
assistance therefrom, (whether such offer or promise, &c. shall be ac¬ 
cepted or not,) every person shall forfeit a sum not exceeding Jifty 
pounds, nor less than Jive pounds. § 31. 

Fraudulent obtaining of ballast by masters. —No master, owner, or 
other person shall oblige any ballast-man to carry and deliver to any 
ship any ballast which shall have been ordered and directed by the 
rulers to be carried to any other ship; and if any master or other 
person shall fraudulently, or by collusion with any of the ballast-men, 
take and receive or be concerned in the collusively taking on board any 
such ship, any greater or other quantity of ballast than they respectively 
shall enter and pay for at the ballast-office, or any other ballast than 
such as shall be specifically allotted by the rulers for such ship, (except 
in cases of necessity, from circumstances of wind or weather, as pro¬ 
vided,) the person so offending shall, for every ton of ballast so com¬ 
pulsively caused to be carried or delivered, or so fraudulently and 
collusively taken and received, above the quantity so entered, forfeit a 
sum not exceeding Jive pounds, nor less than twenty shillings. § 32. 

Ballast-men wilfully and maliciously destroying ships, fyc. —If any 
ballast-man shall wilfully attempt to destroy any ship, vessel, lighter, or 
boat, or cut any cable or hawser, by which any ship, &c. lying in the 
river Thames, or any creek thereof, shall at such time be moored or 
secured, such ballast-man shall be deemed to be guilty of felony, and 
may be adjudged to be transported for any term not exceeding seven 
years, or may be otherwise punished by fine and by imprisonment, not 
exceeding two years, in any gaol or house of correction in England, at 
the discretion of the court before which such conviction shall take 
place. § 33. 

Ballast-men doing other damage. —If any ballast-man shall wilfully 
or negligently do or cause to be done any damage or injury to any ship, 
vessel, lighter, or boat, or to any goods on board thereof, it shall be 
lawful for any justice of the peace before whom information shall be 
given upon oath, to grant a warrant under his hand and seal for the appre¬ 
hending of such offender; and in case such offender shall not, on such 
offence being proved, make full compensation to the party injured, and 
also pay such penalty not exceeding twenty pounds, nor less than 
forty shillings , as to such justice shall appear, according to the nature 
of the case, to be proper, in such case such justice mav commit such bal- 


74 PORTS AND HARBOURS OF ENGLAND, &c. 

last-man to any gaol or house of correction of the county where such 
offence was committed, there to be kept to hard labour for any time not 
exceeding three calendar months, as such justice shall think fit; or if 
such justice shall not think that the making such compensation, and 
paying any pecuniary penalty, or any such commitment for nonpayment 
thereof, is an adequate punishment, he may commit such ballast-man 
to the common gaol of such county, there to remain until the next quar¬ 
ter sessions, and if any indictment shall be preferred and found against 
such offender, it shall be lawful for the justice at such quarter sessions 
to proceed forthwith to the trial and conviction of such offender, and 
on conviction to punish such offender by fine and by imprisonment in 
any gaol or house of correction of the county, according to the enormity 
of the offence. § 34. 

Ballast-men quitting service illegally or without due notice may be 
imprisoned or fined. § 35. 

Penalty on ballast-men refusing to work five pounds, or not less than 
five shillings. § 36. 

Ballast-men to be subject to the government of the corporation, who 
may make by-laws. § 37. 

Copies of by-laws to be put up in the ballast-office. § 38. 

The master of the corporation and his deputy to act as justices in 
Middlesex, Surrey, Essex, and Kent, provided that nothing herein 
shall authorize any such master or deputy to act as a justice of the 
peace on the commitment, trial, or conviction of any owner, master, 
mate, or other officer of any ship or vessel, or of any other person not 
in the service of the said corporation, or in any case in which any 
pecuniary penalty may be demanded against any ruler. § 39. 

Concurrent jurisdiction to justices of the peace. —No such jurisdiction 
shall be deemed to exclude any jurisdiction or authority of any justice of 
the peace of the said counties of Middlesex, Surrey, Essex, and Kent, 
or any of them, wherein any offence, under this act, shall have been 
committed. § 40. 

Saving the rights of Lord Mayor of London, as conservator of the 
river Thames, fyc. —And the Lord Mayor for the time being to hear 
and determine all offences contrary to this act, or such by-laws, rules, 
orders, and regulations as shall be made, and upon conviction of the of¬ 
fender to impose penalties, not exceeding the penalties hereby inflicted, or 
which shall be inflicted by the said by-laws, &c.; but no person shall 
be punished twice for one and the same offence. § 41. 

Sections 42, 43, and 44, altered by the following act. 

Witnesses not appearing on summons. —If any person who shall be 
summoned as a witness before any justice of the peace, shall refuse or 
neglect to appear at the time appointed, and show no just cause for such 
neglect or refusal, it shall be lawful for such justice (on proof of such 
summons having been served) to issue his warrant to bring such person 
before him, and if on being brought before any justice, such person 
shall refuse to be examined on oath concerning the premises, without 
having some just cause for such refusal, it shall be lawful for such jus¬ 
tice to commit such person to the house of correction for any time not 
exceeding one calendar month, nor less than three days, as any such 
justice shall direct. § 45. 

Persons escaping into other counties, &c. may be followed. § 46. 

Distress not unlawful for want of form. § 47. 

Form of conviction. §48. 

Appeal to the quarter sessions. § 49. 


75 


PORT OF LONDON.—BALLAST. 

Limitation of actions. —If any action shall be brought against any 
person for any thing done in pursuance of this act, the suit shall be 
commenced within three calendar months next after the fact committed, 
and not afterwards, and shall be laid in the county, city, or place where 
the cause of action arises, aud not elsewhere; and the defendant may 
plead the general issue not guilty, and give this act and the special 
matter in evidence, at any trial to be had thereupon, and that the same 
was done in pursuance of this act; and if it shall appear so to be done, 
or be brought after the time limited, then the jury shall find for 
the defendant; or if the plaintiff shall become nonsuited or suffer a 
discontinuance of his action, or if a verdict shall pass against the plaintiff, 
or if upon demurrer judgment shall be given against the plaintiff, the 
defendant shall have treble costs, and shall have such remedy for the 
same as any defendant hath or have for costs of suit in other cases by 
law. § 50. 

Application of penalties. —All pecuniary penalties and forfeitures 
incurred under the act of the 45 Geo. III. c. 98. by any owner, 
master, mate, or other officer or person belonging to any ship 
or vessel, or by any other person not in the pay or service of the 
corporation of Trinity-house of Deptford Stroud, for any offence com¬ 
mitted against the said recited act, or against any by-law made in pur¬ 
suance thereof; and also all penalties incurred by any ballast-man or 
person in the service of the said corporation, in relation to any neglect 
or refusal to work, or any disobedience of any orders or regulations of 
the said corporation, shall be applied in manner following: one moiety 
to the corporation (after defraying thereout the expenses of carrying this 
act into execution) for the benefit of poor and decayed seamen and 
ballast-men, and their widows and families, and the other moiety 
to the person on whose information or prosecution any such conviction 
or recovery shall have taken place; and all other penalties and for* 
feitures by the said recited act imposed shall be applied in manner 
following : one moiety to the corporation, to be applied as aforesaid, 
and the other moiety to the person injured, if he shall prosecute as 
hereinafter mentioned ; but if no injury shall have arisen to any indi¬ 
vidual, or the party injured shall not prosecute within thirty days 
after the offence committed, then for the use of the person on whose 
information or prosecution any such conviction or recovery shall have 
taken place. 49 Geo. III. c. 155. § 2. 

Mode of recovering penalties not exceeding twenty pounds. —All 
fines, penalties, or forfeitures imposed by the said act, or by any by-law 
made under the authority thereof, which shall not exceed twenty pounds, 
or in respect of which a sum not exceeding twenty pounds may dis- 
cretionally be awarded, shall be levied and recovered within six calendar 
months after the offence committed, before any justice of the peace 
for the county or place where the offence shall be committed, or if com¬ 
mitted on any part of the river Thames, then before any justice of the 
peace for the counties of Kent, Surrey, Essex, or Middlesex, or before 
the Lord Mayor, or any magistrate of the city of London ; and such 
justice is empowered and required, upon complaint to him made, 
to grant a warrant to bring before him such offender at the time or place 
in such warrant specified ; and if on conviction of the offender respect¬ 
ively, or on his confession, or on the evidence of any one or more 
respectable witness upon oath, (which oath such justice is hereby 
empowered to administer,) such fine, &c. and all reasonable charges 


76 TORTS AND HARBOURS OF ENGLAND, &c. 


which shall attend the recovery thereof, and be awarded by such 
justice to be paid, shall not be forthwith paid, it shall and may be 
lawful to and for such justice to commit every such offender to the 
common gaol or house of correction for the county or place where the 
offender shall be convicted, there to remain without bail or mainprize 
for any time not exceeding two calendar months, and not less than 
seven days, unless such fine, &c. and all reasonable charges as aforesaid, 
shall be sooner paid; and the powers and authorities aforesaid of such 
justices or magistrates shall be applicable to any case in which it is by 
the said recited act enacted that any penalty shall not exceed a sum 
specified, and shall not be less than another sum specified, such smaller 
sum not exceeding twenty pounds: provided always, that no justice 
shall in any case award any sum exceeding twenty pounds. § 3. 

Mode of recovering rates and penalties exceeding twenty pounds .—All 
rates, (by 45 Geo III. c.98. § 44.) and all fines, penalties, or forfeitures 
exceeding the sum of twenty pounds, by the said act imposed for any 
offence committed against the said act, or in which any greater sum may 
be awarded than twenty pounds, may be recovered with full costs of suit 
by the party injured, or by any person suing for the same by action of 
debt, in any of his Majesty’s courts of record at Westminster, within 
twelve calendar months next after the offence shall be committed ; and 
m any case in which it is by the said recited act enacted that any 
penalty shall not exceed any sum specified, which sum so specified, or 
which by the circumstances of the case shall exceed twenty pounds, it 
shall be lawful to sue for the full penalty; and it shall also be lawful for 
the jury giving the verdict to award any sum not less than the sum 
specified as the lowest penalty, nor greater than the sum specified as the 
highest penalty, for the offence for which the action shall lie brought. 
§4. 

By the 3 Geo. IV. c. 111. the acts of the 45 Geo. III. c. 98. and the 
49 Geo. III. c. 155. are continued till the 1st of August, 1843, and from 
thence to the end of the then next session of parliament; and by § 4 
the corporation may reduce or abolish the rates for ballast, and raise 
them again. 


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PORT OF LONDON.—BALLAST. 77 

bisq od oi dOfjau^ 

•f}{» dbua * - one left bus o) liAwal 

dq to vJnuon r : ^i/orf lo fos^ noramoo 

Table of Rates and Prices for Ballast. 

i bos. .edlflom tabu- & nw; ; ■;■■■■• ion ormi vns id) 

Not being Being 
washed washed 
ballast. ballast. 


By 45 Geo. III. c. 98. § 23. -- -- 

£ s. d. £ s. d. 


Ballast carried to any ship or vessel employed in the CoalI n . , non 

Trade, the ton of 20cwt.... j U 1 U * 

And by the 3 Geo. IV. c. 111. additional* . 0 1 0 0 2 0 

-other British ship.0 1 3 0 2 6 

And by the3 Geo. IV. c. 111. additional* . 0 1 3 0 2 6 

-Foreign ship. 0 1 7 0 3 2 

And by the 3 Geo. IV. c. 111. additional* .0 1 7 0 3 2 


Ballast delivered in or unladen from the following docks and places. 


London Docks. 0 0 4 

And by the 3 Geo. IV.c. 111. additional* .0 0 4 


West India Docks, viz. 

The Inward Dock. 0 0 10 

And by the 3 Geo. IV. c. 111. additional* . 0 010 

The Outward Dock. 0 0 4 

And by the 3 Geo. IV. c. 111. additional* .0 0 4 

East India Docks, viz. 

The Inward Dock. 0 0 10 

And by the 3 Geo. IV. c. Ill. 0 0 10 

The Outward Dock. 0 0 4 

And by the 3 Geo. IV. c. 111. additional* . 0 0 4 

Commercial Dock. 0 0 4 

East Country Dock. 0 0 4 

City Canal... 0 0 4 

Surry Canal. .0 0 4 

Regent’s Canal. 0 0 4 


Land Ballast : 

From the quarries, pits, or works of chalk, flint, or lime to the east-1 q q . 

ward of Woolwich, per ton.j 

But see § 6 and 7. 

N.B.—Any ship or vessel may carry as ballast only any quantity of bricks, tiles, 
lime, chalk, (not chalk-rubbish,) flints, or any merchandize from any part of the 
river Thames without making any entry thereof. 

See 45 Geo. III. c. 98. § 5. 

Ballast unladen from any ship on arrival in the river Thames, per ton .... 0 0 6 

45 Geo. III. c. 98. § 16. 


* Which additional rates or prices shall be paid over and above the rates in 
the 45 Geo. III. c. 98. by the owner or master, or other person acting as agent for the 
ships or vessels into or from which ballast shall be delivered or taken respectively. 
3 Geo. IV. c. 111. § 3. 

























78 PORTS AND HARBOURS OF ENGLAND, &c. 


LONDON DOCKS. 

ABSTRACT of an ACT to consolidate and amend the several Acts 
for making the London Docks. 9 Geo. IV. c. 116. 

Whereas an act was passed in the fortieth year of the reign of his late 
Majesty, Geo. III., intituled, “ An Act for making Wet Docks, Basins, 
Cuts, and other Works, for the greater Accommodation and Security 
of Shipping, Commerce, and Revenue, within the Port of London 
whereby, after reciting that for the greater accommodation and security 
of shipping, commerce, and revenue within the port of London, it was 
expedient that good and sufficient wet docks and basins, with proper 
cuts, sluices, and outlets, should be made and established, under proper 
regulations, in convenient situations within the port of London, and as 
near as might be to the city of London and seat of commerce, with 
legal quays and wharfs attached thereto, for the reception and discharge 
of loaded ships and other vessels, and that the several persons named 
in the said act had entered into a subscription to raise a certain sum as 
a joint stock or fund for the purposes aforesaid, it was enacted, that the 
several persons therein named, and their several executors, administra¬ 
tors, and assigns, and all and every other person or persons, body or 
bodies politic, corporate, or collegiate, corporations aggregate or sole, 
who should, according to the conditions and restrictions therein set 
forth, be possessed of any part of the said joint stock, their several and 
respective executors, administrators, and assigns, should have full power 
and authority at all times thereafter to order and direct the making, 
completing, supporting, altering, amending, and continuing such one 
or more basin or basins, dock or docks, with quays and wharfs adjoin¬ 
ing and appertaining thereto respectively, and also all such docks, slips, 
sluices, culverts, drains, bridges, roads, streets, and communications 
with or into the river Thames, and also the building of proper piers in 
the said river for the entrance of ships into or out of the dock or docks, 
basin or basins, at or near the Hermitage Dock, also at or near the 
river side between Bell Dock and Wapping Old Stairs, also at or near 
Shadwell Dock, and also the making such other works, within the 
limits and under the restrictions therein mentioned, as they should think 
proper to answer the intent and meaning of that act, and should for those 
purposes be a joint stock company by the name and description of “The 
London Dock Company:” and whereas other acts were passed in the 
reign of his late Majesty : viz. 44 Geo. III. c. 2.—44 Geo. III. 
c. 100.—45 Geo. III. c. 58.—46 Geo. III. c. 59.—47 Geo. III. 
Sess. 2. c. 5.-49 Geo. III. c. 156.—50 Geo. III. c. 151.—51 
Geo. III. c. 49.—52 Geo. III. c. 114.—54 Geo. III. c. 40.—55 Geo. 
III. c. 3.-58 Geo. III. c. 62.—and the 4 Geo. IV. c. 124. And 
whereas it is expedient that the said several acts should be repealed 
(except as hereinafter mentioned), and that the powers, provisions, and 
authorities therein contained, and which now remain in force, should 
be consolidated in one act. May it therefore please your Majesty that 
it may be enacted, and be it enacted, &c. that from and after the passing 
of this act the said several acts hereinbefore mentioned, and all and sin¬ 
gular the powers, provisions, authorities, matters, and things therein 
respectively contained, shall be and the same are hereby repealed. 


LONDON DOCKS. 


79 


open, deepen, and widen the said docks, &c., and aiso to take up 
and remove any wrecks of ships or vessels, or any ship or lighter, &c. 
that shall be sunk therein, or any wood, timber, anchors, or any 
obstructions or impediments of the like nature that may be found 
or arise therein ; and in case the owner of such ship or vessel, 
lighter, &c. or the person causing the same obstruction, shall refuse 
or neglect to pay the charge of taking up and removing the same, 
lor the space of fourteen days after demand thereof made by any 
officer of the said company, then the owner of such wrecks of ships 
or vessels, &c. or wood, timber, anchors, &c. shall forfeit to the said 
company (besides the expences incurred by removing the same) the 
sum of Jive pounds , which said sum, together with the expences 
aforesaid, shall be recovered and applied in such manner as other 
penalties and forfeitures are by this act directed to be recovered 
and applied. § 92. 

To prevent nuisences in the basins and docks fyc. —And be it further 
enacted, that if any person shall throw, cast, or put any ballast, earth, 
dust, ashes, stones, or other things into or upon any of the said 
docks, basins, locks, cuts, or entrances, or any of the works, to the 
injury thereof, or do any other annoyance to the same respectively, 
every person so offending shall forfeit and pay any sum not exceeding 
Jive pounds, and moreover shall make such satisfaction to the said 
company lor the damage done, as the justice by whom such forfeiture 
shall be adjudged shall deem proper, to be recovered in like manner 
and by the same remedies as the penalties by this act imposed. § 93. 

Power to take rates for ships, he. —The said company may take or 
receive for every ship or vessel entering into any of the said docks, 
basins, locks, or cuts, or lying therein or departing therefrom, such 
''easonable rate, rent, or sum for every ton, according to the register 
tonnage of such ship, as the said directors shall from time to time ap¬ 
point ; and the said company may also take or receive, for or in respect 
of every lighter, barge, or craft entering into any of the said docks, 
basins, locks, or cuts, or lying therein, such reasonable rate, rent or 
sum (not exceeding the rate, rent, or sum which may at the same period 
be payable by ships or vessels trading coastwise between the port of 
London and any port or place in the United Kingdom.,) as the said 
directors shall from time to time appoint. § 101. 

Recovery of rates inrespect of ships. —All rates and charges in respect 
of any ship or vessel, lighter or craft, shall be paid to the said company 
or to their collector at or before the expiration of twenty-four hours next 
after such ship or vessel, &c. shall enter the said docks, he. or before 
leaving the same, which shall first happen : and in case the same be not 
paid within the time so limited, it shall be lawful for the collector of the 
company to go on board of such ship, &c. to demand, collect, and 
receive such rates and charges, and on nonpayment thereof to take and 
destrain such ship, he. and all the tackle, apparel, and furniture thereto 
belonging, or any part thereof, and the same to detain until such rates 
and charges shall be satisfied and paid ; and in case of neglect or de¬ 
fault in payment of any of the said rates or charges for the space ol 'five 
days next after any distress so made or taken, then it shall be lawful 
for the said collector to cause the same to he appraised by two or more 
sworn appraisers, or other sufficient persons not interested therein, and 
afterwards to sell the said distress, and therewith to satisfy himself as 
well for and in respect of the rates or duties so neglected or refused to 


80 PORTS AND HARBOURS OF ENGLAND, &c. 

be paid, and for which such distress shall have been made or taken as 
aforesaid, as also for and in respect of his or their reasonable charges 
in taking, keeping, appraising, and selling the same, rendering the 
overplus (if any there be) to the master, commander, or owner of such 
ship, &c. upon demand. § 102. 

Persons eluding the payment to continue chargeable. —If any master, 
owner, or other person having the charge or command of any ship, &c. 
shall by any means whatsoever at any time elude or evade the payment 
of any rate payable to the said company, or any part thereof, every 
person eluding or evading payment shall stand charged with and be 
liable to the payment of the same; and such rate shall and may be re¬ 
covered from such master or owner respectively by the same ways and 
means, and in such manner as are hereinafter directed for levying and 
recovering the penalties and forfeitures by this act inflicted or authorized 
to be imposed. § 103. 

For ascertaining the tonnage of ships. —The tonnage or admea¬ 
surement of every ship or vessel liable to the payment of any rates 
to the said company sh ill be ascertained according to the tonnage 
in the certificate of the registry of such ship ; and the master or 
other person having the command of every such ship is hereby required 
to produce such certificate of registry, at the time of payment of the 
said rates, to the person who shall be duly authorized to collect the 
same; and in case of any dispute about the same, or in respect of the 
tonnage of any ship which shall not be required to be registered , or of 
any foreign ship, then the tonnage of such ship shall be ascertained in 
the manner and according to the 6 Geo. IV. c. 110.* § 104. 

Power to measure ships and vessels. —If the collector of any of the said 
rates and the master, &c. of any ship or other vessel liable to the payment 
of any rate to the company, shall disagree respecting the tonnage of 
such ship, it shall be lawful for the said collector at all convenient and 
reasonable times to stop, detain, enter into, and measure the same ; and 
in case the same shall upon such measuring appear to be of greater ton¬ 
nage than shall be then set forth in the account which shall have been 
given thereof by such master, then the master or person giving in such 
account shall pay the costs and charges of such measuring; all which 
said costs and charges, upon refusal of payment thereof on demand, 
shall and may be recovered and levied by such ways and means and in 
such manner as the said rates are hereby appointed to be recovered and 
levied;—but if any such ship or other vessel shall be found to be of 
the same or of less tonnage than the same shall by such account 
appear to be of, then the said collector shall pay the costs and charges 
of such measuring, and shall also pay such further charges as shall 
appear to any two or more justices of the peace acting in and for the 
county of Middlesex, on the oath of any credible witness, to have 
arisen from such detention ; and in default of immediate payment 
thereof by the collector, the same shall and may be recovered in any of 
his Majesty’s courts of record ; and if the master, commander, or other 
officer of any ship, or any other person, shall obstruct any person 
so employed from measuring any ship, every such master, &c. shall 
forfeit any sum not exceeding^e pounds over and above the said rates. 

§ 105. 

Power to take rates on goods. — The company may take or re¬ 
ceive, for every article of goods, wares, or merchandize which shall be 


* Vide Paiit II. Chap. 1. 





LONDON DOCKS. 


SI 

brought into or landed or deposited within, or delivered or shipped 
from, the said dock premises, such reasonable rates, rent, or siims as 
the said directors shall appoint, in respect of warfage, unshipping, 
landing, relanding, piling, housing, weighing, coopering, sampling, un¬ 
piling, unhousing, watching, shipping, loading, and delivering of every 
such article, and of other work to be performed in respect of such 
goods ; and the said directors shall make a table of the rates, rent, and 
sums charged by the said company for warfage, unshipping, &c. ; and 
such table shall be printed and open to inspection in the several 
offices of the Dock Company, and copies be delivered, free of expense, 
to any person having occasion for and requiring the same, § 106. 

Recovery of rates payable on goods. — All rates, charges, and rent 
shall be paid within ttie periods and in manner following ; that is to 
say, if the said goods, &c. shall be of a perishable nature , then at or 
before the expiration of one calender month next after the cargo of the 
ship importing the same shall have been completely discharged or un¬ 
loaded,—or within one calender month next after any such goods shall 
have been brought into the premises of the said company for exporta¬ 
tion, or previous to the removal of such goods respectively from the 
premises of the company, which shall first happen ;—and if the said 
goods shall not be of a perishable nature , then at or before the expira¬ 
tion of three calender months next after the cargo of the ship importing 
the same shall have been completely discharged or unloaded,—or 
within three calender months next after any such goods shall have 
been brought, into the premises of the said company for exportation, or 
previous to the removal of such goods from the premises of the said 
company, which shall first happen ; and in case default be made in 
payment of the said rates, &c, the collector may (first paying the duties 
due in respect of such goods) retain and sell all or any part of such 
goods, and out of the monies thence arising to retain the amount of the 
said duties, and pay the rates payable to the said company in respect of 
such goods, and all charges and expences of such sale, rendering the 
overplus, (if any,) and such of the said goods as shall remain unsold, to 
the. person entitled thereto, upon demand ;—and in case such goods 
shall happen to be removed before the rates, &c. shall be paid, then it 
shall be lawful to destrain and sell any goods or chattels of the owner 
or consignee thereof, in manner before-mentioned : provided always, 
that the said company, in all or any of the several cases aforesaid, may 
recover the amount of the rates, &c. by action of debt in any courts of 
record. $ 107. 

Exemptionsfrom rates —Lighters and craft entering into the docks, 
&c. to discharge or receive ballast or goods from on board of any ship, 
shall be exempt from the payment of any rates ; and such ballast or 
goods shall be exempt from any rate or charge whatever. § 10S. 

Copy of manifest to be delivered. —The master of any ship, loaded or 
part loaded, which shall enter the said docks, shall, within twelve hours 
after her entering the same, or after her having beep reported at the 
Custom-house, (which shall first happen,) deliver or cause to be deli¬ 
vered at the superintendant’s office in the said dock, a true copy of the 
manifest or report of the cargo of such ship, signed by the said master ; 
and every such master refusing or neglecting to deliver a true copy of 
such manifest or report,,within the time and in the manner aforesaid, 
shall forfeit and pay any sum not exceeding^? pounds. § 101. 

D heeling at what time the dock gates shall be opened and shut .— 
The gates and doors of the warehouses, vaults, and buildings within 

o 


$2 PORTS AND HARBOURS OF ENGLAND, &c. 

the said docks, shall be o; en for the purposes of business from the 25th 
of March to the 29th of September from eight in the morning till four 
in the afternoon ; and from the 30th of September to the 24th of 
March, from nine in the morning till four in the afternoon (excepting 
only Sundays, Christmas Day, Good Friday, and any day appointed by 
proclamation for a general fast or thanksgiving); and during the 
periods of such gates and doors being shut, no person shall be allowed 
to go in of come out of the said docks except through the wickets or 
foot gates. §110. 

Vessels not to land goods at other places than quays and landing 
places. —No goods shall be landed or shipped except at such quays, 
wharfs, and landing places as shall be made and assigned by the 
directors, and as shall have been approved of by the commissioners of 
customs, as places for the loading and discharging or landing and ship¬ 
ping of goods and merchandize, upon pain of forfeiting any sum not 
exceeding ten pounds. §111. 

The quays of the company to be legal quays. —The quays and 
wharfs of the said company shall be deemed and taken to be to all 
intents and purposes legal quays and wharfs for the landing, relanding, 
and discharging, lading, and shipping of any goods, wares, and mer¬ 
chandize whatsoever, any statute, law, usage, or custom of the city of 
London or elsewhere to the contrary thereof in anywise notwithstand¬ 
ing ; and all goods, wares, and merchandize whatsoever which shall be 
landed or shipped upon or from the quays or wharfs so made or built, 
shall be subject and liable to such and the like tolls, duties, dues, and 
customs, and to the like regulations respectively, as if the same were 
landed upon or shipped from the present legal quays within the city of 
London, or as if the quays or wharfs so made or built were situate within 
the said dity. § 112. 

Docks , Sfc. to be deemed part of the port of London. —All the docks, 
basins, entrances, locks, cuts, outlets, inlets, hnd other the premises of 
the said company, shall be deemed and held to be situate within and 
part of the port of London, and the rights and privileges which belong 
to the said port of London shall extend to the said docks, &c.; and that 
all ships and vessels entering into or loading or unloading in the said 
docks, &c and all goods, wares, merchandize, and other things which 
shall be loaded or unloaded in or shall pass through the same, and all 
owners and masters of ships, merchants, and others resorting thereto, 
shall be subject to the several regulations and liable to the several 
duties to which they are subject or liable in the port of London. 
§ 113. 

Company may land goods in case of neglect of entry at the. Custom¬ 
house for seven days. —If any goods, &c. which shall be brought into 
any of the said docks on board of any ship, shall not be duly entered 
with the customs, within seven days next after the ship shall have been 
reported at the Custom-house, it shall be lawful tor the proper officer of 
the company on the next ensuing day to cause such goods to be forth¬ 
with landed and warehoused in the presence and under locks of the 
officers of the revenue, who are to take a true and particular account of 
the quantity, quality, and species thereof; and in case the duties on 
such goods shall not be paid within six calendar months next after such 
report, the commissioners of customs may sell and dispose of such 
goods, or any part thereof, to answer the duties thereon, rendering the 
overplus, if any, of the monies arising by such sale, after payment 
of any rates, charges, or expenses which may be due to the said com- 


LONDON DOCKS. 


83 


pany, to the proprietor or consignee of such goods : provided always, 
that if a price cannot be obtained for such goods equal to the full 
amount of the duties of customs and the charges of the sale thereof, 
such goods shall be effectually destroyed , or otherwise he sold and 
disposed of, in such manner and for such purposes, and under such 
rules, &c. as the commissioners of his Majesty’s treasury shall direct. 
§114. 

The. company may forbid, vessels to break bulk until the whole of the 
cargo has been duly entered. —The directors of the said company, or 
their proper officer, whenever they shall see occasion, (with the appro¬ 
bation and consent of the principal officer of the revenue on duty at 
the said docks,) may forbid any ship or vessel to break bulk, or to land 
any part of the cargo, until the whole shall have been duly entered at 
the Custom-house ; and any master who shall break bulk, or land any 
part of the Cargo after notice from such officer of the said company 
(with such approbation and consent as aforesaid) not to do so, shall 
forfeit any sum not exceeding twenty pounds. § 115. 

Company may pass entries when the owners of goods neglect or re .- • 
fuse to pass them. —And in order to remedy any inconvenience from 
the neglect or delay of the owners or consignees of ships and their 
cargoes in making or passing due entries for such cargoes or some part 
thereof; be it further enacted, that whenever the dispatch of business 
shall be obstructed by any such neglect or delay, it shall be lawful for 
the said company to cause a warehousing entry to be passed for the 
cargo, &c. of any ship within the said docks, &c. for which an entry 
shall not have been made by the owner or consignee within forty-eight 
hours from the day on which the cargo of such ship shall have been 
reported at the Custom-house ; provided it be such as by law may be 
warehoused; and the expense of such entry shall be reimbursed to 
the said company by the owner or consignee of the cargo, &c. so en¬ 
tered, and shall and may be recoverable in the like manner as the rates, 
&c. due to the said company : provided that no cargo nor any part of 
any cargo entered by the said company as aforesaid shall be liable to 
seizure by reason of any inaccuracy in the passing of any such entry, 
if it shall appear to the commissioners of customs that such inac¬ 
curacy was not intentional, or occasioned by wilful or culpable negli¬ 
gence. § 1 lb. 

For goods not allowed to be warehoused, see 6 Geo. IV. 
c. 107. § 53. Part II. Regulation Act. 

The company authorized to employ persons to discharge cargoes .— 
And whereas inconvenient and unnecessary delay may occur in the 
discharging of the cargoes of ships in the said docks, &c. from the 
inadequacy, &e. of the persons employed for that purpose by the 
owners or masters, and also from the negligence or default of the 
masters, &c. to the great hinderance of the general business of the said 
docks ; be it further enacted, that whenever such delay shall take place 
in discharging the cargo of any ship within any of the said docks, &c. 
either from the inadequacy, insufficiency, or improper conduct of the 
persons employed for that purpose, or from the negligence or default 
of the master or other person having the command of such ship, the 
directors, or the proper officer in that behalf, may cause to be employed 
a sufficient number of fit and proper persons to discharge or assist in 
discharging the cargo of such ship, and to make a reasonable charge 
for the same upon the owner or consignee of such ship, to be recovered 
in the same form and by the same remedies as are appointed and giveii 

u 2 


jg4 PORTS AND HARBOURS OF ENGLAND, &c. 

hereby for the recovery of the rates payable to the said company in 
respect of such ship; and every master or other person having the 
command of any ship or vessel in any of the said docks, &c. who shall not 
properly clear the deck of such ship, by stowing away such articles as 
impede the delivery of the cargo, upon being required so to do by such 
proper officer as aforesaid, shall forfeit any sum not exceeding jive 
pounds. § 117. 

The commander or mate to he on hoard all the time of vnloading .— 
The master, commander, or mate of every ship which shall load or 
unload in any of the said docks, &c. or some person appointed by him 
or by the owner of such ship for that purpose, shall, during all the 
time employed in loading, unloading, or discharging, such ship, remain 
on board, and superintend and assist in such loading, unloading, or 
discharging ; and every such master, &c. who shall neglect or refuse to 
superintend and assist in the loading, unloading, and discharging of 
the same, shall forfeit any sum not exceeding^/?ye pounds. § 118. 

Goods landed in the docks , and lodged in the custody of the East 
India Company , to remain liable to claim for freight .—And whereas 
it frequently occurs that the owners or consignees of goods landed 
from ships in the docks of the said company are desirous that the same 
should be lodged in the custody of the East India Company ; and it is 
expedient that in such cases the said goods should continue liable to 
claims for freight, in the same manner as if such goods had been lodged 
in the custody of the proprietors of the said docks; be it therefore 
further enacted, that all goods which shall be landed in any of the said 
docks, and lodged in the custody of the East India Company, (whether 
the same be deposited in the warehouses belonging to the said Dock 
Company, or be removed to the warehouses of the said East India 
Company,) shall, when so landed or deposited, continue liable to the 
same claim for freight, in favour of the master and owner of the 
respective ships out of which such goods shall be so landed, and of 
any other person interested in the freight of the same, as such goods 
were liable to whilst the same were on board such ships, and before 
the landing thereof; and the directors of the said East India Company, 
or their servants or agents, or any of them, shall, upon due notice in 
that behalf to them given by such master or owner, or other person, 
detain and keep such goods in the warehouses of the said London 
Dock Company, or of the said East India Company, (as the case may 
be,) until the respective freights shall be duly paid, together with the 
rates and charges to which the same shall have been subject and liable, 
or until a deposit shall have been made by the owner or consignee of 
such goods, equal in amount to the claims or demands made by the 
masters of the respective ships, for or on account of freight upon such 
goods; which deposit the said directors of the said East India Com¬ 
pany, or their agents, are. hereby authorized and directed to receive and 
hold in trust, until the claim for freight shall have been satisfied, upon 
proof of which, and demand made by the person or persons, their exe¬ 
cutors, &c. by whom the said deposit shall have been made, and the 
rates and charges due upon the said goods being first paid, the said 
deposit shall be returned to him or them by the said directors, or their 
agents, with whom the said deposit shall have been made as afore¬ 
said :—provided always, that no notice to detain goods for payment of 
freight shall be available for the purpose aforesaid, unless the same be 
given to the said East India Company before the issue of the warrants 
or other usual documents for the delivery of such goods. § 119. 


LONDON DOCKS. S3 

Directors empowered to make, rules and 7 emulations for clerks, of 
Jicers, carmen, 8fc. —The directors to make such rules and regulations 
as to them shall seem expedient for the admission of ships, vessels, 
lighters, or craft into, and of the removal thereof out of, the said docks, 
basins, locks, or cuts, and for the more safe and convenient shipping 
and lading, landing and discharging, carrying and conveying, laying, 
warehousing, and depositing of goods, wares, and merchandize upon, 
to, or from the quays or wharfs of the said company, and also in re¬ 
spect of the hours during which the gates and entrances of the said 
locks and cuts, and the entrances, wickets, or footgates of the said 
docks and premises, shall be open, and in respect of the persons who 
shall be permitted to be employed in and about the docks, quays, 
wharfs, warehouses, and premises of the said company; and also such 
rules and regulations as to them shall seem expedient for the better 
prevention of accidents by fire, and hi particular as to the lighting or 
using of candles, fires, and lamps , and as to the smoking of tobacco or 
herbs within the said docks, &c. and for the better governing and 
regulating porters, &c.; and of all masters of vessels, pilots, lighter¬ 
men, and others within the' said premises, and for preventing damage 
being done to shipping, lighters, and craft, or to any goods, wares, or 
merchandize ; and also from time to time, as they shall see occasion, 
to repeal, annul, add to, amend, or alter such rules and regulations 
as to them the said directors shall seem meet or requisite, and to affix 
and appoint reasonable pecuniary penalties, not exceeding forty shil¬ 
lings for any one offence, for the non-observance, non-performance, or 
other breach of all or any such rules or regulations, or any part of 
them. § 120. 

Authenticated by-laws, rules , fyc. to be evidence. — And be it further 
enacted, that in all cases of prosecution for offences against the said by¬ 
laws, constitutions, and ordinances, and rules and regulations respec¬ 
tively, the production of a written or printed paper, purporting to be the 
by-laws, constitutions, and ordinances, or to be the rules and regula¬ 
tions of the said company, fas the case may be,) and authenticated by 
having the common seal of the said company affixed thereto, shall be 
evidence of the existence of such by-laws, constitutions, and ordinances, 
or of such rules and regulations respectively ; and it shall, as to such 
rules and regulations, be sufficient to prove that a copy thereof hath 
been printed and affixed in manner by this act directed, and in case of 
its being afterwards displaced, obliterated, or defaced, that it hath been 
replaced by another such copy as well as consistently might be, unless 
proof shall be adduced by the defendant that the same is not a copy of 
such by-laws, constitutions, and ordinances, rules and regulations 
respectively, or that a copy of such rules and regulations hath not been 
duly kept, affixed up, and generally continued in manner by this, act 
directed. § 123. 

Penalty on breaking or extinguishing lamps. —If any person shall 
wilfully damage, break, demolish, or throw down any lamp, lamp iron, 
lamp furniture, pillar, post, or fence, which hath been set up by the said 
company within, near unto, or about any of the premises of the said 
company, or any building erected, or shall wilfully extinguish the light 
within any such lamp, every such person so offending shall forfeit and 
pay any sum not exceeding forty shillings for each lamp, &c. so broken, 
thrown down, or damaged, or tor every light extinguished as aforesaid, 
and moreover shall make such satisfaction to the said company for the 
damage so done as the justice by whom such forfeiture shall be ad- 


86 PORTS AND HARBOURS OF ENGLAND, &c. 

judged shall deem proper; which satisfaction shall and maybe recovered 
in like manner and by the same remedies as the penalties by this act 
imposed. § 124. 

Powers of dock masters. —Every dock master of the said company 
shall have lull power and authority to direct the mooring, unmooring, 
moving or removing of all ships and vessels, lighters and craft, coming 
into or going out of, or lying or being in any of the said docks, basins, 
locks, or cuts, and the time or times and manner of their entrance into 
lying in, or going out of the same, and their position, loading, and 
discharging therein, and the time or times of opening or shutting the 
several gates thereof; and in case the owner, master, pilot, servant, or 
other person having the care of any ship, vessel, lighter, or craft, shall 
refuse or neglect to obey any such order or direction within one hour 
after notice to him or them given in writing, or left with some person or 
persons on board the said ship, &c. for that purpose, the said dock 
master may moor, unmoor, move, or remove such ship or vessel, lighter 
or craft; and the charges and expenses thereof respectively shall be re¬ 
paid, together with the sum of ten pounds for each offence, by the mas¬ 
ter or owner of such ship, &c. and may be recovered by the said company 
from the owner of such ship, &c. in case of non-payment thereof on 
demand, by such ways and means as penalties and forfeitures are by 
this act to be recovered; and in case any master or any other person 
whomsoever shall obstruct or hinder the due execution of any such 
direction or order so to be given by such dock master, every such person 
shall forfeit any sum not exceeding ten pounds, to be recovered and ap¬ 
plied as hereinafter directed. § 125. 

For preventing the obstruction of the dock entrances. —Every master 
or other person having the charge or command of any ship, lighter, 
barge, boat, or other vessel of any description whatsoever, who shall 
place or permit or suffer the same to remain in the river Thames within 
two hundred yards of any of the entrances to the said docks, basins, 
locks, or cuts, unless for the purpose*of coming into or going out of the 
same, shall forfeit and pay any sum not exceeding ten pounds; and 
every master of any ship, lighter, &c. so placed within such distance, 
(whether for the purpose aforesaid or not,) who shall not immediately 
remove such ship, &c. from within such distance on being thereunto 
required by the dock master, shall forfeit and pay any sum not ex¬ 
ceeding five pounds for every hour that such obstruction shall remain 
after such requisition made; and in case the master of such ship, &c. 
shall not remove the same immediately upon being required so to do, 
it shall be lawful for the said dock master and his assistant to remove the 
same. § T26. 

For regulating the mooring of vessels at the buoys , fyc. of the company. 
—No ship or vessel, lighter or craft, shall lie at any of the buoys, or 
make fast to any of the dolphins, mooring posts, or mooring craft of 
the said company in the river Thames, save only such as is or are in¬ 
tended to go into, or which within six hours last past shall have come 
out of, the said docks, basins, locks, or cuts, except with the special per¬ 
mission of one of the dock masters of the company ; and every master, 
pilot, and other person or persons having the charge or command of 
any ship, vessel, lighter, or craft lying or moored or having made fast 
at any of the said buoys, &c. shall remove therefrom such ship, &c. 
under his or their command, within six hours after being required so to 
do by the said dock master or his assistant, under the penalty of a sum 
not exceeding twenty shillings for every hour any such ship, vessel, 


LONDON DOCKS. 


87 


lighter, or craft shall remain at any of the said buoys, dolphins, or 
mooring posts or craft, after such requisition as aforesaid. § ] 27. 

No vessel to enter into or navigate in the docks under sad —Before 
any ship or other vessel shall enter into the said docks, basins, locks, or 
cuts, or any of them, such ship shall, unless the special permission 
of one of the dock masters shall have been given to the contrary, have 
her sails lowered or furled, so that she may not enter under sail, under 
penalty of twenty pounds. § 128. 

Dock master to direct dismantling, Sfc. of vessels. —Every dock 
master shall have full power and authority to order all ships and 
vessels entering the said docks, &c. to be dismantled in such manner as 
he may think proper and safe tor the vessels entering the said docks, 
and for the prevention of accident or mischief to other ships, lighters, 
&c. or to the said docks, basins, &c. and during the time of every ship’s 
delivery, or when discharged of her cargo, to have such quantity of 
ballast on board, or dead weight in her hold, as he may judge requisite 
for such ship or vessel, &c. and no ship or vessel shall be allowed to enter 
the said docks, &c. unless she shall be so dismantled, nor shall any ship 
or vessel be unladen so far as to render her insecure through the want 
of weight in her hold, or of such quantity of ballast on board, as the 
said dock master may think expedient; and every such dock master 
shall also have full power and authority to give directions for topping, 
bracing, or striking yards and masts, taking in running bowsprits, and 
for having substantial hawsers and tow lines and fasts to the dolphin, 
mooring craft, buoys, mooring posts or rings, and also to regulate the 
equipment, rigging, and lading of all ships and vessels in the said 
docks, &c. as he shall think necessary ; and in case he shall judge any 
act or proceeding in the rigging, lading, or equipment of any ship or 
vessel, injurious to the safety of such ship, or to other ships or vessels 
lying in or entering or departing from the said docks, or to the said 
docks or works, he shall give notice to the master or other person having 
the charge or command of such ship or vessel to discontinue and alter 
the same ; and in case such master or other person shall not according 
to such direction suspend or alter such act or proceeding immediately 
after notice, given to him or them, or some person or persons on board 
the said ship or vessel for that purpose, or if any ship, lighter, craft, or 
vessel shall be left in the said dock or docks, &c. without any person or 
persons on board, the master or other person having the command of 
every such ship or vessel, or the owner thereof, shall pay any sum not 
exceedingly^ pounds; and the owner of such ship or vessel shall also 
be answerable lor all the injury that may be sustained by any other 
ships or vessels, or by the said company, through neglect thereof. 

§ 1’29. 

Dock master or his assistaid to remove or order out light vessels. —The 
dock master shall so soon as any ship or vessel shall have discharged her 
cargo, remove or cause to be removed such ship or vessel from the quays 
or wharfs into such part of the said docks, &c. as he shall think proper, 
and upon giving twenty-four hours previous notice in writing to one of 
the owners, or to the master or person having the command thereof 
respectively, order out of the said docks, &c. all light ships or vessels; 
and the owner, master, or other person having the command of any 
such ship or vessel, who shall refuse or neglect to remove the same after 
such notice as aforesaid, shall forfeit any sum not exceeding Jive 
pounds; and in case of such neglect or refusal the dock master may re- 


88 PORTS AND HARBOURS OF ENGLAND, &c. 

move such ship or vessel out of the said docks, &c. and lay or moor the 
same in any part of the river Thames within high water mark, as con¬ 
veniently as may be; and the owner, master, &c. shall pay and make 
good to the said dock master the charges and expenses of removing and 
mooring such ship or vessel accordingly; (such charges and expenses 
being first allowed by the said directors;) and if the same be not 
accordingly paid within Jive, days after demand, the amount shall be 
recoverable by distress and sale of such ship or vessel, all or any of her 
tackle, apparel, or furniture, or any part thereof, the company rendering 
the overplus, (if any,) after deducting the charges of taking, keeping, 
and selling of such distress, to the owner or master, &c upon the same 
being demanded. § 130. 

Dock master to direct the removal of lighters and craft. —If any 
lighter, barge, or other craft, either after having any goods taken or 
unladen thereout, or which shall enter or be in the said docks, basins, 
locks, or cuts, for the purpose or under pretext of taking or carrying 
goods from or out of the said docks, &c. or for any other purpose or 
under any other pretext whatsoever, shall remain or continue in the 
said docks, &c for any longer space of time than twenty-four hours , it 
shall be lawful for the dock master to give notice in writing to any 
owner of such lighter, by delivery of such notice to him, or by leaving 
the same at his dwelling-house, counting-house, or place of carrying on 
business, or by delivery thereof to the person in charge of such lighter, 
if any there shall be, to remove such lighter, from and out of the said 
docks, &c.; and if any such lighter shall not be removed within twelve 
hours after such notice shall be given, the owner shall forfeit and pay 
the sum of forty shillings for the first twenty-four hours, and the sum of 
twenty shillings for every further period of twenty-four hours, during 
which any such lighter shall remain, contrary to the provisions herein 
contained, the payment whereof shall and may be enforced and recovered 
in such manner as any other penalty or penalties of the like amount or 
amounts is or are recoverable under this act. § 131. 

Goods of a dangerous nature sent to the docks, to be marked. —Every 
person who shall send to the said dock premises, for shipment, any 
aquafortis, oil of vitriol, or other goods or merchandize of a dangerous 
quality, shall distinctly mark or state the nature of such goods on the 
outside of the box, case, cask, bale, or package containing the same, or 
shall otherwise give due notice thereof to the superintendent of the said 
docks at the time of so sending the said goods to the said dock premises, 
on pain of forfeiting for every default herein the sum of twenty pounds. 
§ 132 . 

Penalty for not removing combustibles when required. —If the owner 
or the person in or to whose custody or charge any tar, pitch, rosin, 
hemp, flax, faggots, furze, brandy or other spirituous liquors, turpen¬ 
tine, oil, hay, straw, tallow, grease, shavings of wood, or any combusti¬ 
ble matter whatsoever shall be intrusted, shall permit or suffer the 
same, or any part thereof respectively, to be and remain on the quays, 
wharfs, or works aforesaid, or any part thereof, or upon the deck of any 
ship, lighter, barge, boat, or other vessel in the said docks, &c. above 
the space of two hours after he shall have been required by the dock 
master to remove the same therefrom, in every such case every such 
person shall forfeit and pay, at the discretion of the justice who shall 
take cognizance thereof, any sum not exceeding Jive pounds, nor less 
than the sum of twenty shillings, for every hour that any of the articles 


LONDON DOCKS. 89 

hereinbefore specified, or any other combustible matter or any part 
thereof, shall be or remain in the place or situation aforesaid after the 
expiration of the said two hours; and in every such case the owner of 
or other person in whose custody any such article shall be or be in¬ 
trusted, (if the same respectively shall be lying on the said quays;, 
wharfs, or other works,) or the master of the ship, &c. (if the same 
articles respectively shall be lying on the deck thereof) shall at their 
own costs and expenses respectively maintain a sufficient number of 
careful and sober persons to be in that behalf appointed by the said dock- 
master, to guard and watch over such several articles, after such requi¬ 
sition until the same respectively shall be removed ; and in case any 
such owner, &c. aforesaid, shall refuse or neglect to pay, on demand., 
such cost and expenses, such costs shall and may be raised, levied, and 
recovered in like manner as any penalty is recoverable by this act. 
§ 133. 

No gunpowder or loaded gun to be brought into the premises. —No 
gunpowder or loaded gun or other loaded fire-arms of any description 
whatever shall be brought into any of the said docks, basins, locks, cuts, 
entrances, or other works, or be suffered to remain on board of any 
ship or other vessel whatsoever therein; and the master or owner, &c. 
of any ship or vessel in which such gunpowder or loaded gun or other 
fire-arms shall be found as aforesaid, shall forfeit any sum not ex¬ 
ceeding ten pounds. § 134. 

Lighters , Sfc. not to receive or deliver more than 25 lbs. of gunpowder 
within 200 yards of the dock entrances. —No master or owner of any 
lighter or boat shall receive into or permit to be delivered from such 
lighter, &c. more than twenty-five pounds of gunpowder, (except for the 
king’s service,) upon any part of the river Thames, or the shores or 
sides thereof, within two hundred yards of any or either of the said 
docks, &c.; and the master, owner, or person navigating or having 
the care of any lighter, &c. receiving or delivering, or permitting to be 
received or delivered, into or from such lighter, &c. upon any part of 
the river Thames, or the shores or sides thereof, within two hundred 
yards of any or either of the said docks, &c. more than twenty-five 
pounds of gunpowder, (except for the king’s service,) shall forfeit all 
the gunpowder found on board such lighter, &c. above the weight of 
twenty-five pounds, and the barrels in which such gunpowder shall be, 
and also two shillings for every pound of gunpowder above the weight 
of twenty-five pounds which shall be found on board of or have been so 
received into or delivered from such lighter, &c. § 135. 

No combustible matter to be melted on board any vessel within the 
docks , Sfc. —No pitch, tar, rosin, turpentine, oil, or other combustible 
matter shall at any time herealler be boiled or heated on board any ship 
or other vessel, craft or boat, lying in any of the said docks, &c. or any 
of them, nor in any place or places within the said dock premises, except 
in such place or places and in such manner as shall be specially ap¬ 
pointed by the said directors for that purpose, upon pain that every 
person so offending shall forfeit any sum not exceeding Jive pounds. 
§ 136 . 

Fires , candles , or lamps not to be lighted in the docks except as regu¬ 
lated by directors. —If any person shall have or keep, or cause to be 
had or kept, any fire, candle, or lamp lighted within any of the said 
docks, &c. or on board any ship or vessel in such docks, &c. respec¬ 
tively, save and except such fires or lighted candles or lamps as shall 
be necessary to be used in the making, building, finishing, repairing, 


90 PORTS AND HARBOURS OF ENGLAND, &c. 

altering, or improving of the said docks, entrances, basins, locks, cuts, 
and other works, or any of them, and save and except such and at such 
times as shall be permitted by the regulations of the said directors in 
writing in that behalf, or if any person shall neglect or refuse to obey 
any order which may be given by any of the officers of the said com¬ 
pany for extinguishing any fire or light on board any ship or vessel 
lying in any of the said docks, basins, locks, or cuts, every person 
so offending shall forfeit any sum not exceeding ten pounds. § 137. 

To prevent obstructions of officers in going on board ships, Sfc. in the 
docks , 8fc. —If any person shall at any time hereafter in any way 
obstruct, or be aiding or abetting any other person or persons in ob¬ 
structing, in the execution of his duty or employment, any constable, 
watchman, or other person thereto appointed by, or having instructions 
in writing in that behalf from the directors or from the superintendent, 
or from one of the dock-masters, in going on board, or entering 
into or upon, or being in or upon any ship, vessel, lighter, boat, or 
craft, for the purpose of searching for or extinguishing any fire, candle, 
or light being or suspected to be therein contrary to any provisions 
contained in this act, or contrary to any rule or regulation already 
in force in that behalf, or hereafter to be made by virtue of this act, 
or for the purpose of discovering any theft or embezzlement com¬ 
mitted or suspected to have been committed in or about such ship, 
vessel, lighter, boat, or craft, or for the purpose of quelling any riot or 
disturbance therein, or for any other purpose authorized by this act of 
by any such rule or regulation as aforesaid, every person so offending 
shall forfeit any sum not exceeding^ue pounds. § 138. 

Masters and owners of vessels, and of carts , waggons, Sfc. answer¬ 
able for damages done to the docks by their servants or others .— 
If any damage, spoil, or mischief shall be done or arise to any of the 
said docks, basins, locks, cuts, or entrances, or any of the quays, wharfs, 
bridges, railings, fences, or other works, or to any property whatsoever 
of the said company, by any ship, vessel, lighter, barge, boat, or craft 
entering into or going out of, or lying or being in any of the said 
docks, or by any person on board of or belonging to such ship, vessel, 
&c. the master or owner of every such ship, &c. shall be liable to the 
said company for the amount of such damage; and the same, together 
with full costs of suit, may be sued for and recovered by the said com¬ 
pany in any court of record at Westminster, or in case the sum claimed 
for such damage shall not exceed ten pounds, then the same shall and 
may, if the said company or the directors thereof shall so think fit, be 
levied by such means as are provided herein for levying the penalties by 
this act imposed. §139. 

But may recover against their servants. —If the master or owner of 
any ship, vessel, lighter, barge, boat, or craft, &c. shall by virtue of this 
act be compelled to pay any penalty or to make satisfaction for any 
damage for or by reason of the wilful act or default or negligence of 
any of his crew, such master or owner shall and may recover the 
amount of such penalty, or the money so paid for any such satisfaction 
as aforesaid, from the person or persons for or by reason of whose 
wilful act or default or negligence he shall have been so compelled to 
pay the same; and in case the amount to be recovered shall not exceed 
ten pounds, and shall remain unpaid two days after demand, the same 
shall be recovered by such master or owner in like manner as any 
penalty is hereinafter directed to be recovered. § 140. 

Penalty against destroying the ropes of vessels. —In case any person 


LONDON DOCKS. 


91 


Khali wilfully cut, break, or in any manner destroy any rope or other 
thing* by which any ship, vessel, lighter, barge, or craft lying in any of 
the said docks, &c. shall be moored or fastened, every such person 
shall forfeit any sum not exceeding twenty pounds nor less than 
dve pounds: provided always, that nothing herein contained shall 
hinder or restrain the dock-masters of the said company, or either of 
them, or his or their assistant or assistants, from exercising in a due 
and reasonable manner any of the powers or authorities hereby vested 
in them. § 142. 

No fees to be taken by the company's officers .—No fee, perquisite, or 
revvard of any kind or denomination whatsoever shall be taken, ac¬ 
cepted, or received by any officer or person who shall or may be em¬ 
ployed in the service of the said company, (other than the salary or 
wages that shall or may be paid or allowed to such officer or person 
by the said company,) for any service, act, or duty which shall be or 
may be done or performed within the same ; and every person taking, 
accepting, or receiving any fee, perquisite, or reward contrary to this 
act, shall forfeit and pay back the amount of the fee, perquisite, or 
reward so taken, accepted, or received, and in addition thereto any 
sum not exceeding jive pounds, to be recovered in the same manner 
as other the penalties by this act imposed. § 143. 

Surveyor of the company to examine goods on board (when re¬ 
quired). —It shall be lawful for some competent person to be appointed 
by the said directors for that purpose, upon the requisition of the 
master or other person having the charge or command of any ship or 
vessel which shall have brought any goods, wares, or merchandize into 
the said docks, basins, locks, or cuts, or the owner or consignee thereof, 
before the same are unshipped, and by and with the consent of the said 
directors, to survey and examine the same on board of such ship or 
vessel, and to ascertain whether the injury or damage which shall have 
happened to the same shall have been caused by improper stowage or 
otherwise; and such person shall make and sign a report or certificate 
in writing, setting forth the cause or causes of such damage, so far as 
the same can be ascertained, on board of such ship or vessel, and shall 
cause the said report or certificate to be delivered to such master or 
other person, and a duplicate thereof, if required, to such owner or 
consignee as aforesaid ; and for such survey, examination, and report or 
certificate, and duplicate, if required, the said company shall be 
entitled to receive the sum of Jive shillings of or from the person or 
persons requiring the same as aforesaid, to be applied to the purposes 
of this act. § 144. 

Recovery and application of penalties. —All fines, penalties, and 
forfeitures inflicted or imposed by this act, or by any by-law, con¬ 
stitution, ordinance, rule, or regulation to be made under the authority 
hereof, or hereby directed to remain in force, (the manner of levying 
and recovering whereof is not otherwise particularly directed,) may, 
in case of non-payment thereof, be recovered in a summary way by the 
order and adjudication of any justice of the peace for the city, county, 
or place in which the offence shall be committed, on complaint to him 
for that purpose made upon the oath of any person or persons, or on 
the solemn affirmation of any one or more of the persons called 
Quakers, or on the confession of the party offending ; (which oath or 
affirmation such justice is hereby authorized to administer;) and in 
default of payment of any such fine, penalty, or forfeiture, the same 
shall be levied by distress and sale of the offender’s goods and chattels, 


V2 PORTS AND HARBOURS OF ENGLAND, &c. 

or of the goods and chattels of the person liable and adjudged to pay 
such fine, &c. by warrant under the hand and seal of such justice, 
rendering the overplus, (if any,) on demand, to the party or parties 
whose goods and chattels shall be so distrained ; (the reasonable 
charges of such distress and sale being first deducted ;) and the said 
fine, &c. when so levied, shall be paid to the directors of the said com¬ 
pany, to be by them applied to and for the benefit of the disabled or 
worn-out servants of the said company, or their families; and in case 
any such fine, &c. shall not be forthwith paid, it shall be lawful for 
such justice, and he is hereby authorized and required, to order the 
offender or offenders so convicted as aforesaid, or other the person 
liable and adjudged to pay such fine, &c. to be detained and kept in 
safe custody until return can be conveniently made to such warrant 
of distress, unless the offender or offenders, or other the person liable 
and adjudged to pay such fine, &c. shall give a sufficient security, to 
the satisfaction of such justice, for his, her, or their appearance before 
such justice, or before some other justice of the peace for the said city, 
county, or place in which the offence shall be committed, on such day 
or days as shall be appointed for the return of such warrant of 
distress, (such day or days not being more than fourteen days from 
the taking of any such security,) and which security the said justice is 
hereby empowered to take by way of recognizance or otherwise; but 
if upon the return of such warrant it shall appear that no sufficient 
distress can be had whereupon to levy the said fine, penalty, or for¬ 
feiture, and such charges as aforesaid, and the same shall not be forth¬ 
with paid, or in case it shall appear to the satisfaction of any such 
justice, upon the confession of the offender or other the person liable 
and adjudged to pay such fine, &c. or otherwise, that he, she, or they 
hath or have not sufficient goods and chattels whereupon such fine 
and charges could be levied if a warrant of distress were issued, such 
justice shall not be required to issue such warrant of distress; and 
thereupon it shall be lawful for such justice, and he is hereby 
authorized and required, by warrant under his hand and seal, to commit 
the offender or offenders, or other the person liable or adjudged to 
pay such fine, penalty, or forfeiture, to the house of correction or 
common gaol for the said city, county, or place, there to remain for any 
time not exceeding three calendar months, unless such penalty or for¬ 
feiture, together with the charges attending such proceeding as afore¬ 
said, (to be ascertained by such justice,) shall be sooner paid and satis¬ 
fied, or until such person so committed shall be otherwise discharged 
by due course of law. § 146. 

Justices may give informer a part of any penalties. —Justices before 
whom any such conviction shall take place, may, if they shall think fit, 
order and direct any part of the said fines, penalties, and forfeitures, not 
exceeding a moiety thereof, to be paid or applied to and for the use of 
the informer. § 147. 

Justices may proceed by summons in the recovery of penalties .— 
In all cases in which any penalty or forfeiture is made recoverable by 
information before a justice of the peace, such justice may summon 
the party complained against before him, and hear and determine 
the matter of such complaint, and on proof of the offence convict the 
offender, and adjudge him to pay the penalty or forfeiture incurred, 
and proceed to recover the same although no information in writing 
shall have been exhibited or taken by or before any justice; and all 
such proceedings by summons without information shall be as good, 


LONDON DOCKS. 


93 

valid, and effectual, to all intents and purposes, as if an information in 
writing was exhibited. §148. 

Damages and charges in case of dispute to be settled by justices .— 
Where by this act any damages or charges are directed or authorized 
to be paid or recovered in addition to any penalty for any offence, 
the amount of such damages or charges (in case of dispute respecting 
the same) shall be settled, ascertained and determined by the justice 
of the peace by or before whom any offender shall be convicted of any 
such offence, who is hereby authorized and required, on non-payment 
thereof, to levy such damages or charges by distress and sale of the 
offender’s goods and chattels, in manner directed by this act for the 
levying of any penalties or forfeitures. § 149. 

Form of conviction. § 150. 

Parties aggrieved may appeal to the sessions. —If any person shall 
think himself aggrieved, or remain unsatisfied with the judgment of 
any justice, by reason of any sentence pronounced by him as aforesaid, 
or by any judgment given in pursuance of any by-law, &c. of the said 
company, or by any other matter, by vi$ue of this act, such person may 
appeal to the justices of the peace at the general or quarter sessions of 
the peace for the county of Middlesex, within four calendar mosiths 
after the cause of complaint shall have arisen, first giving ten days’ no¬ 
tice of such appeal, and of the matter thereof, to the person against 
whom such complaint is intended to be made, who are hereby em¬ 
powered to summon and examine witnesses upon oath, and finally to 
hear and determine the matter of every such appeal, and in case of con¬ 
viction to issue a* warrant for the levying and enforcing payment of the 
said fines, penalties, and forfeitures, by the ways and means before 
mentioned, together with such costs and charges to the party in whose 
favour such appeal shall be determined, as the justices in their said 
sessions shall order and direct; which orders shall be final and con¬ 
clusive on all parties, and shall not be removed by any writ of certiorari 
or otherwise into any of his majesty’s courts of record at Westminster, 
or elsewhere. § 151. 

For securing offenders. —It shall be lawful for any of the directors, or 
for any of their officers or servants, and such person or persons as they 
or any of them shall call to their assistance, without any warrant or 
other authority than this act, to seize and turn out of the said dock 
premises any idle, disorderly, or suspicious person found therein, and 
to seize and detain any person or persons (being unknown to such 
directors, officers, or servants) who shall commit any offence or offences 
against this act, and to deliver him, her, or them into the custody of 
any peace officer, in order to be secured and conveyed before any jus¬ 
tice of the peace for the said county of Middlesex; and such justice is 
hereby required to proceed and act with respect to such offender or 
offenders according to the provisions of this act. § 153. 

Limitation and notice of actions. —No action shall be commenced 
against the said company, or any person or persons whomsoever, for 
any thing done in pursuance of this act, until twenty days’ notice shall 
have been given to the said company, &c. (as the case may be) against 
whom the same is to be brought, or after a sufficient satisfaction or 
tender thereof hath been made to the party aggrieved, nor after six 
calendar months next after the fact committed; and such action shall 
be laid and brought in the county of Middlesex, and not elsewhere; and 
the defendant in such action may plead the general issue, and give this 
act and the special matter in evidence at any trial to be had thereupon. 


94 PORTS AND HARBOURS OF ENGLAND, &c. 

and that the same was done in pursuance and by the authority of this 
act; and if it shall appear to be so done, or that such action shall have 
been commenced before the expiration of twenty days after such notice 
as aforesaid, or after the time limited for bringing the same, or after 
such tender of sufficient satisfaction as aforesaid, or if it shall be brought 
in any other county or place, or in any other manner than as directed 
by this act, then the jury shall find a verdict for the defendant. § 155. 

Service of notices on company. —In all cases wherein it shall be 
necessary for any person to serve any notice or summons, or any 
writ or other process at law or in equity, upon the said company, 
service thereof respectively upon any one of the directors of the said 
company, or upon the clerk of the said company for the time being, 
or in his absence the leaving thereof at the London Dock-house, or at 
other the last or usual place of abode of such director or clerk respec¬ 
tively, shall be deemed good and sufficient service of the same respec¬ 
tively on the said company. § 159. 

Notices given by company to be signed by the clerk. —In all cases 
where it shall be necessary for4he said company to give any notice to 
any body politic, corporate, or collegiate, or to any person whomsoever, 
under the provisions of this act, it shall be deemed sufficient if such 
notice be in writing signed by the clerk for the time being of the said 
company, and without being under the common seal of the said com¬ 
pany. § 160. 

Officers under this act not to be incompetent witnesses. —In case any 
dispute, suit, or litigation shall arise touching or in anywise relating to 
any of the rates, duties, charges, or rent by this act authorized to be 
received, or respecting any matter or thing relating to the said docks, 
basins, locks, or cuts, or to this act, no person acting by or under the 
authority of the said company or in the service of the said company 
shall for that reason alone be in any manner disqualified or incapaci¬ 
tated from giving evidence in, upon, and respecting such dispute, suit, 
or litigation. § 161. 

Punishing persons giving false evidence. —All persons who upon 
any examination to be taken upon oath by virtue of this act shall 
wilfully and corruptly give false evidence, or otherwise forswear them¬ 
selves, before any jury or before any justice or justices of the peace 
acting as such in the execution of this act, shall and may be prosecuted 
for the same, and upon conviction thereof shall be subject and liable to 
such and the same pains and penalties as persons guilty of perjury are 
by the laws in being subject and liable to. § 162. 


LONDON DOCKS. 


95 


TONNAGE RATES ON SHIPPING. 

FROM THE 3 JOEY, 1832. 


First Class. X. s. d. 

Vessels from any port in the United Kingdom,—Isle of Man, Jersey,— 

Guernsey,—Alderney,—Sark,—or other European ports outside 
the Baltic , between the North Cape and Ushant, (Hambro’ ex¬ 
cepted, see Second Class,) with liberty to reload for any port, per 

register ton . 0 0 6 

Rent after Four Weeks from date of entrance, if discharged by own 
crew; from date of final discharge, if discharged by the Dock 

Company ; per register ton, per week. 0 0 1 

Or if with part of their Cargoes, for every ton of Goods landed. 0 0 6 

Rent after One Week from date of entrance, per register ton, per 

week. 0 0 1 

Vessels loading for any of those ports, not having discharged their Cargoes 

in the Docks, per register ton. per week. 0 0 6 

Rent after Four Weeks from date of entrance, ditto. 0 0 1 

Second Class. 

Vessels from Hambro ’, with liberty to reload, per register ton. 0 0 6 

Rent after Six Wetks from date of entrance, per register ton, per 

week. 0 0 1 

Vessels loading for Hambro ’, not having discharged their Cargoes in the 

Docks, per register ton. 0 0 6 

Rent after Four Weeks from date of entrance, per register ton, per 

week. 0 0 1 

Third Glass. 

Vessels from any port in the Mediterranean, with liberty to reload, per 

register ton. 0 0 9 

Rent after Six Weeks from date of entrance, per register ton, per 

week. 0 0 1 

Fourth Class. 

Vessels from all other ports or places whatsoever, (with the exceptions here¬ 
after enumerated,) with liberty to reload, per register ton. 0 0 9 

Rent after Four Weeks from date of entrance, if Cargo discharged 
by own Crew : from date of final discharge, if Cargo discharged 

by the Dock Company, per register ton, per week. 0 0 1 

Vessels loading for any ports or places in Third or Fourth Classes, not 

having discharged their Cargoes in the Dock, per register ton... 0 0 9 

Rent after Four Weeks from date of entrance, per register ton, per 

week... 0 0 1 

Exceptions. 

Vessels from Spain, or Portugal, with Cargoes of Wool and Cork, per 

register ton . 0 0 6 

Rent after Three Weeks from entering the Docks, per register ton, 

per week. 0 0 1 

Vessels to or from the Southern IVhale Fisheries, per register ton . 0 1 0 

Oil delivered into Craft, per ton. 0 0 6 

Rent after Six Weeks, per register ton, per week. 0 0 1 

Vessels landing part of their Cargoes, 

First or Second Class, per ton of Goods landed . 0 0 6 

Third or Fourth Class.ditto. 0 0 9 

Rent from entering the Docks, per register ton, per week.. 0 0 1 

Loading part of their Cargoes, 

First or Second Class, per ton of Goods taken on board. 0 0 6 

Third or Fourth Class........ditto. 0 0 9 






























96 


PORTS AND HARBOURS OF ENGLAND, &c. 


£. a. d. 

Rent after One Week from entering the Docks, per register ton, per 


week. 0 0 1 

Vessej.s two-thirds laden with Corn, will be charged Dock Dues on the 
proportion the Cargo bears to the register tonnage. 

Light Vessei-s to lie up:— 

On entering, for every register ton of the vessel. 0 0 6 

Rent after Four Weeks from date of entrance, per register ton, per 

week... 0 0 1 


Vessels which enter the Dock to lie up, and afterwards load out, pay Dues 
according to their Port of destination, instead of those on light 
vessels. 

No Tonnage Rates will be charged on Vessels wholly Cum laden, but will 
be charged for docking and undocking as under 


Vessels of 100 tons and upwards. 1 1 0 

Ditto under 100 tons. 0 10 0 


With liberty to remain in Dock without further charge, for twenty-four 
hours after final discharge. 

Rent after expiration of that period, per register ton, per week .... 0 0 1 

Should the Vessel load outwards, the usual Tonnage Rates, according to the 
port of destination, will be charged, instead of the Rate for Dock¬ 
ing and Undocking. 


RATES FOR DISCHARGING CARGOES WHEN LANDED BY THE 

COMPANY. 

£. s. d. 

Cargoes consisting either in the whole or in part, of Hogsheads or Tierces 

of Sugar, (including Ship-cooperage,) per register ton.. 0 1 9 

Cargoes consisting of Sugar in chests, 5 cwt. and upwards (including Ship- 

cooperage,) per register ton . 0 I 3 

Cargoes consisting of Sugar, in bags or chests under 5 cwt., or other Goods 
(■not being Oil direct from, the Fisheries , Tallow, Hemp , Ashes, 

Corn , Wood Goods, Pitch, Tar, Hay, or Straw,) contained in 
casks, bales, serons, chests, cases, bags, baskets, mats, bundles, or 
similar packages : also, Spelter or Metal in pigs, bars, rods, 

plates, &c., per register ton. 0 0 9 

Cargoes consisting of Mahogany, Timber, or other Wood in Logs, per re¬ 
gister ton . 0 1 9 

Blue-Gum Wood or large Timber, additional for every load delivered. 0 0 6 

Cargoes consisting of Hemp only, or merchandise, in bulk, per register ton 0 10 

„ „ Tallow only, per ditto. . 0 0 6 

f Hemp, per ton of Goods. 0 1 3 

Mixed Cargoes of< Tallow, per ditto. 0 0 6 

(_ Ashes, per ditto. 0 0 6 

Ditto, ditto, part being in bulk, on the latter, per ditto. 0 1 0 

No charge made for excess beyond the Register Tonnage. 

S. COCK, 

London Dock House. ' Secretary. 


REGULATIONS REGARDING SHIPPING AND THE TONNAGE RATES 

THEREON. 

Lodgment of Manifest. —See § 109 of the Act, page 81. 

Discharge of Vessels. —Vessels are not to break bulk, without the permission of 
the superintendent, until the whole of the cargo has been entered at the Custom 
House. See page 83. 

See also the 114 and 116 sections, page 82, 83. 

Labourers or Lumpers are not allowed to work on board Vessels, on the Quays, or 
in the Warehouses, unless engaged by the Company; but may be hired of the Com¬ 
pany, to work under the direction and responsibility of the Master, the charge being 
3s. 6d. per day for each man ; and should not a sufficient number be employed for the 
timely discharge of the cargo, additional hands will be provided by the Company, at 
the expence of. the Vessel. 

The Decks are to be speedily cleared of such articles as may impede the discharge; 
and the Master, Mate, or some person duly authorized by the Owners, is to remain on 
board during the unloading. See § 118, page 84. 

















WEST INDIA DOCKS. 


97 


West India Docks. 

These docks were formed by virtue of the 39 Geo. III. c. 69. for the 
exclusive reception, for twenty-one years , from the day they were de¬ 
clared in the Gazette to be ready and fit for the reception of ships and 
landing of goods, of ships in the West India trade. That period 
has expired, and the above and following acts, viz. 42 Geo. III. c 113. 
—44 Geo. III. c. 7.-47 Geo. III. sess. 2. c. 31.—47 Geo. III. sess. 2. 
c. 65.—10 Geo. IV. c. 67.—and 10 Geo. IV. c. 130. have been since 
repealed by the 1 and 2 Will. IV. c. 52. (local.) 

This act sets forth that the company have caused to be made and 
completed two large and commodious navigable docks, the one called 
the Import Dock, the other the Export Dock, and that they have also 
purchased the City Canal and lands belonging thereto, and have ap¬ 
propriated the same to the purposes of the said recited acts, in the like 
manner as the other works of the company, under the title of the South 
Dock. 

The act then states, that the provisions of the former acts have been 
consolidated, and additional powers granted to the company, by the 
name of the West India Dock Company, and by that name to have 
perpetual succession and a common seal, and by that name to sue and 
be sued; and it is further provided, that the repeal of the said acts 
shall not annul any by-laws, rules, orders, or regulations, already made 
by the company. 

As the act is a very long one, and the chief part of the clauses affect¬ 
ing the masters of vessels, &c. are nearly, verbatim, the same as those 
which govern the masters of ships using the London Docks, to prevent 
increasing the work to an inconvenient size, the subject of the respective 
sections will be merely noticed here, (except where any material differ¬ 
ence prevails,) referring to the corresponding clauses in the London 
Dock Act. 

ABSTRACT of an ACT to consolidate and amend the several Acts for 
making the West India Docks. 1 and 2 Will. IV. c. 52. (local.) 

See London 
Dock Act. 

Section 

Power to take rates for ships, fyc. §76. 101. 

The company may take such further reasonable rates or 
sums for the unloading, coopering, or mending of the 
cargoes of such ships or vessels, or other work, which 
may be performed by the said company, in respect of 
such ship or vessel, as they may think fit. 

Exemption from rates. § 83. 108. 

Recovery of rates in respect of ships. § 77. 102. 

Time extended to six months. 

Persons eluding payment. § 78. 103. 

For ascertaining the tonnage or admeasurement of ships. § 79. 104. 

Penalty on persons obstructing such measuring. § 79. 105. 

Power to take rates on goods. 106. 

In default of payment , directors empowered to sell goods) 107 
for recovery of rates. j 

In the instance of perishable goods the rates to be paid 
in two months , if not in twelve months. 

H 




98 

Qv 


PORTS AND HARBOURS OF ENGLAND, &c. 


jbnoJ 


See London 
Dock Act. 


Sale of goods brought into the docks , sold to reimburse 
charges, exempted from auction duty .—Goods which by law 
would be exempt from auction duty, if sold by or on account 
of the first importer thereof, which shall be brought into any 
of the docks of the said company, in the port of London, and 
shall be sold by, or by the authority of the said company, con¬ 
formably to the provisions of this act, to reimburse themselves 
for rates or charges incurred for duties, landing, warehousing, 
interest of money advanced, or for any other purpose respect¬ 
ing the same, such sales of such goods shall be free of the 
duty imposed by law on goods and effects sold by auction. § 82. 

Covv of manifest to be delivered at the West India Dock 
house. § 84. J 

Two copies required. 

Directing at what times the dock-gates shall be opened and) 
shut. § 85. J 

From the 10th of May| from eight in the morni|lg 

till four. 


to the 
9th of November, 


i 


and 


From the 10th of November!, nine Jn the morni 

*°‘ h ® till four. 

9th of May, J 

Vessels not to land goods at other places than quays and\ 
landing-places assigned by the company. § 86. j 

Provided that nothing herein contained shall extend to 
permitting any goods to be landed from or shipped for 
foreign parts, at any other than a legal quay. 

Goods to be examined , and damages happening thereto to 
be ascertained .—All goods which shall be landed on the said 
quays shall be surveyed and examined by some competent 
person to be appointed by the said directors for that purpose, 
and which person shall inquire into and ascertain the causes 
and extent of any injury or damage which shall have hap¬ 
pened to the same, either by sea damage, improper stowao^, 
or otherwise, and shall deliver his report in writing thereon 
to the directors of the said company. § 120. 

The quays of the company to be legal quays .—The quays 
and wharfs already made or built within or along the sides of 
the said Import and Export Docks, are declared to be to all 
intents and purposes legal quays and wharfs for the landing, 
relanding, and discharging, lading and shipping of any goods 
whatsoever ; and when it shall appear to three of the lords 
commissioners of his majesty’s treasury for the time being, 
that the South Dock or any other docks, which shall hereafter 
be made or built by the company, are sufficiently enclosed 
and defended, it shall be lawful for any three or more of the 
said commissioners to certify, that any such dock or docks is 
or are sufficiently enclosed and defended, and thereupon such 
quays and wharfs within such docks, as shall be described in 
such certificate to be fit for the reception of goods, shall, from 
and immediately after the date of such certificate, be deemed 
and taken to be legal quays and wharfs, in like manner 


Section 

109. 

110 . 


111 . 


WEST INDIA DOCKS. 


99 


Section 

113. 

112 . 


114. 

Omitting the 


116. 

f Omitting the 
J first proviso. 

116. 


See London 
Dock Act. 

as the quays and wharfs in the said Import and Export 
Docks. § 87. 

Docks deemed part of the port of London . § 88. 

Goods , Sfc. landed or shipped upon or from the quays orl 
wharfs, subject to the same regulations , fyc. as if landed or) 
shipped upon or from the present legal quays. § 89. ) 

Dock company may land goods after the expiration of 1 
seven days, and in default of export or payment of duty I 
within six months, the commissioners of customs may sell the\ 
same. § 90. 

This clause requires that the order for landing of goods 
shall be lodged with the proper officer of customs 
within the seven days. 

Power of the company to enter goods, if not entered by the | 
owners or corisignees thereof. §91. 

Such goods not liable to seizure for inaccuracy in entry. § 92. 

And it shall be lawful for the company to detain any 
goods so entered, until the person applying for the de¬ 
livery or transfer thereof shall have lodged with the 
company a counterpart of the bill of lading, which 
shall have been signed for the same at the port of 
lading in parts beyond the seas. 

Company empowered to prevent bulk being broken until the\ 
whole entered at the Custom-house, and orders for landings 
lodged with the proper officer of the customs at the docks. § 93. J 

Provided that nothing shall be construed to extend to 
prevent the proper officer of the customs from causing 
any part of the cargo to be landed and housed for 
security of the revenue, or for clearing the ship when¬ 
ever he shall see fit. 

The company authorized to employ persons to discharge orl 
load ships. § 94. J 

Penalty on master for not clearing deck of vessel of any) 

impediment to the delivery. § 94. j 

The commander or mate to be on board during loading ort 
unloading. § 95. j 

Directors empowered to make rules, 8fc. against smoking, § 96. 

Penalty on breaking lamps. § 99. 


115. 


117. 

117. 

118. 

120 . 

124. 


n 


Directors to appoint dock-masters, their powers, penalty cm] 
masters obstructing them. § 100. 

Vessels not to remain within 200 yards of the entrance o 
the docks. § 101. 

Except at the Limehouse entrance into the South Dock. 

Regulating the mooring of vessels at the buoys of the com-1 
pany. § 102. J 

No vessel to enter or navigate in the docks under sail. § 103. 

Dock-master to direct dismantling, fyc. of vessels. § 104. 

Orders given by directors or dock-master shall not affect 
responsibility of the person having the charge of any ship or 
vessel .—The several orders and directions to be from time to 
time given by the said directors, or by any person duly ap¬ 
pointed to execute the office of dock-master, to the master of 
any ship within the said docks, shall not extend or be con- 

h 2 


125. 

126. 


127. 

128. 
129. 


lot 

100 PORTS AND HARBOURS OF ENGLAND, &c. 

.8*11118 V TO 85JT''- - i , /.* t 


See London 
Dock Act. 


strued to extend to lessen or diminish any responsibility which 
the said master shall be subject or liable to in respect of such 
ship, or the cargo thereof. § 105. 

Dock-master to remove or order out light vessels. § 106. 
Dock-master to direct the removal of lighters, fyc. § 107. 
Goods of a dangerous nature sent to the docks to be marked. 1 

§ 108. f 

Penalty for not removing combustibles when required. § 109. 
No gunpowder or loaded gun to be brought into the docks. 

Penalty ten pounds, and not less than Jive pounds. § 110. 
Lighters not to receive or deliver more than twenty-five j 
pounds of gunpowder within 200 yards of the dock entrances. > 

§ HI- J 

No combustible matter to be melted on board any rmeZl 

within the docks. § 112. J 

Penalty ten pounds, and not less than five pounds. 

Fires, candles, fyc. not to be lighted , except as regulated by 1 
directors. §113. J 

Obstructing officers going on board ships in the docks, fyc. § 114. 
Masters and owners of vessels, fyc. answerable for damage 1 
done to the docks by their servants. § 115. J 

Power to remove wrecks, anchors, fyc. § 70. 

To prevent nuisances in the basins and docks, and throwing] 
ballast overboard. j 

Owners and masters may recover against their servants. § 116. 

Except that there is no limitation in the amount. 
Destroying the ropes of vessels. § 118. 

No fees to be taken. § 119. 

Recovery and application of penalties. § 122. 

Justice may give informer a part of any penalty. § 123. 
Justice may proceed by summons in the recovery of pencil -1 
ties. § 124. j 

Damage and charges, in case of dispute, to be settled by ] 
Justices. § 125. j 

Parties aggrieved may appeal to the sessions. § 127. 

For securing offenders. § 129. 

Service of notice on the company. § 135. 

Notices given by company to be signed by the clerk. § 136. 
Officers not to be incompetent witnesses. § 137. 

Persons giving false evidence. § 138. 


Section 

130. 

131. 

132. 

133. 

134. 


135. 

136. 

137. 

138. 

139. 

Except as to 
the proviso. 

93. 

140. 

142. 

143. 
146. 

157. 

158. 

149. 

151. 

153. 

159. 

160. 
161. 
162. 


WEST INDIA DOCKS. 


101 


TABLE OF WEST INDIA DOCK RATES ON SHIPS. 

From the 16 July, 1S32. 

IMPORT VESSELS WHEN DISCHARGED BY THE COMPANY, 

Including docldng, mooring, and removing within the Docks until discharged , Ships’ Cooperage or 
Mending, and the use of the Ducks, if from Hamburgh, or the Mediterranean , for six 
weeks from the date of Entrance; if from any other Port or Place, for four iveehs from the final 
Discharge: — viz. 

Per Ton Register. 


o. a. 

Ships laden entirely, or in part, with Hogsheads and Tierces of Sugar or Molasses. ..... 2 6 

-, with chests of Sugar above 5 cwt. 2 0 

- - entirely, with chests under 5 cwt. or bags of Sugar, Cotfee, Spirits, Wine, Iron,<v 

Copper, Brass, Lead, Spelter, or other Metal, in Pigs, Bars, Rods, Plates, or 
similar Pieces, Rice, or other Goods, (except Oil, Tallow, or Ashes,) packed in s. 1 6 

Bales, Bags, Serous, Casks, Cases, Chests, or similar Packages, or Wood in J 

Planks or Billets, such as Dye Wood, Staves, &c. J 

-laden entirely, or in part, with Mahogany, Timber, or other Wood in Logs. 2 6 

-laden entirely with Hemp, or entirely or in part with Goods in bulk. 1 9 

-laden entirely, or in part, with Tobacco or Oil, not including ship’s cooperage. 1 6 

-laden entirely with Tallow, not including ship’s cooperage... 1 3 


-laden entirely with mixed Cargoes of Hemp and Tallow, or Ashes, not including 

ship’s cooperage,— s. d. 

For every Ton of Hemp. 2 0 ( the number of Tons charged not to exceed the 

For every Ton of Tallow or Ashes. 1 3 J Register Tonnage. 


SHIPS WOOD LADEN, from Europe or the North American Colonies, 
WHEN DISCHARGED BY THE COMPANY, 

Including docking, mooring, and removing within the Docks, until discharged ; unloading the Cargoes, 
and the use of the Docks for any period not exceeding Four Weeks from the date of the final dis¬ 
charge. Per Ton Register. 

5. d. 

Laden entirely with Deals, Planks, Staves, or Wood in Billets..."I 

- principally with ditto, and bringing Hard Wood, or Pine Timber, for every load 1 6 

of Hard Wood and Pine Timber 6 d. in addition. J 

- entirely with Hard Wood or Pine Timber...- 2 0 


SHIPS DISCHARGED IN EITHER OF THE DOCKS OR BASINS BY THEIR OWN 

CREWS. 

The expence of docking, mooring, unmooring, and removing not included. 

Per Ton Register. 

s. d. 

For the use of the Docks for any period not exceeding, if from the Mediterranean six ^ 0 q 

weeks, from other Ports or Places four weeks from the date of entrance.j 

Vessels from any Port in the United Kingdom,—or European Port, outside the Baltic,\ 
(between the North Cape and Ushant,) with Cargoes for trans-shipment, for de¬ 
livery on board Ships, or for landing in either Dock, not remaining beyond,—if \ 0 6 
from Hamburgh six weeks,—if from any other Port or Place four weeks from the j 

Sloops and Craft Coastwise, with Bricks for delivery on Board Ships and Vessels with l p o 

broken Granite or Paving Stones, not remaining beyond One Week ...J a 

Vessels entirely Corn Laden, in lieu of Tonnage Rate, of 100 Tons and upwards ... .each 21 0 

-under 100 Tons.each 10 6 

Rent to commence after One clear Day, from final discharge. 

Vessels two thirds laden with Corn will be charged the usual tonnage rates in proportion to the 
other part of their cargoes. 


VESSELS ENTERING TO LOAD FROM THE IMPORT WAREHOUSES ONLY. 

Per Ton on the 
gross weight shipped. 

s. d. 

For the use of the Dock for one week. 0 6 

LIGHT VESSELS. 

The expence of docking, mooring, unmooring, and removing not included. 

Per Ton Register. 

s. d. 

Not having discharged in either of the Docks, for any period not exceeding Four Weeks Inc 
from the date of entering...j v " 


DOCK RENT. 

For remaining over the periods specified, per week..•. 0 1 

Vessels which re-enter after having been out for repair, will be allowed their privilege without 
reckoning the time they remained out. 


FREIGHT BOOKS. 

Owners requiring an Abstract of their ship’s cargo, or such proportion thereof as may be 
landed in the Docks, for the purpose of making up their freight accounts, will be furnished with 
the same at the following rate :—Each Abstract containing the weights or quantities of 10 marks 
or parcels, or under 2s. ; of 11 to 20 ditto, 3s. Qd. ; upwards of 20 ditto, each mark or parcel 2d., 
but not to exceed 10s. 6d., including an Abstract of the Certificates of Damage. 

II. LONGLANDS, 

Secretary 


JFest India Dock House, Billitcr Square, 






























102 PORTS AND HARBOURS OF ENGLAND, &c. 


RULES AND ORDERS 

To be observed by masters, pilots,* &c. having the charge of ships 
coming into, lying in, and going out of, the West India Docks, pur¬ 
suant to an act of the present year of the reign of his Majesty King 
William IV. 


The Company’s Moorings. 

« 

The moorings in the river, within 200 yards of each of the entrances 
at Blackwall, and that into Limehouse Basin, and within 150 yards of 
the Limehouse entrance of the south dock, are reserved for the exclu¬ 
sive use of vessels entering into, or which have recently come out of 
the docks. Not more than nine ships can be permitted to make fast at 
each mooring chain. 

Every master in charge of any ship, of any description whatsoever, 
lying within the above distance, shall immediately remove the same, 
when so required by the dock-masters or their assistants. Penalty Jive 
pounds for every hour which such vessel may remain. 

Pilots shall not attempt to place ships inside the buoys, if other 
ships have previously brought up, but shall bring them to their births 
in due succession on the outside, unless they shall be expressly 
ordered by the dock-master to take a birth inside the tier for the con¬ 
venience of docking. 

All parties creating obstructions will be prosecuted, and the penalties 
will be rigidly enforced. 

Vessels about to enter the Docks, &c. 

Signals —The red flag on the flag-staff at the entrance, is the signal 
for ships to prepare. A blue flag will be kept flying the whole tune 
proper for docking; when the tide has reached high water mark, that 
flag w'ill be struck, and all ships must immediately haul off and 
re-moor. 

Declaration book .—When ships have brought up properly at the 
moorings, an officer will deliver the company’s regulations, and the 
commander or pilot of every vessel exceeding 100 tons, must certify in 
the declaration book her draught of water; that she is provided with 
all necessary and sufficient waips, ropes, and tackle, to remove and 
moor her in safety ; and that her anchors are (or shall be before 
leaving the moorings) so secured and stowed as not to endanger the 
works, the ships therein, or the vessel herself. 

Preparing ships for admission .—Every master or pilot, in charge of 
a ship, should lose no time in making the following preparations :— 
viz. her anchors to be properly secured and stowed; her sails all 


* Any pilot having charge of navigating any ship within the distance of 200 
yards from the respective entrances into the docks from the river Thames, and either 
intended to go into or having recently come out of the docks, basins, or other works of 
the company, who shall refuse or neglect to obey such orders or directions as shall 
or may from time to time be given to such pilot by the dock-masters, touching or 
relating to the mooring, unmooring, moving, or removing such ships, so being under 
the charge or direction of such pilot as aforesaid, shall forfeit and pay a sum not 
exceeding fifty pounds, and not less than twenty pounds ; and every such pilot shall 
be liable to be dismissed from being a pilot, or suspended from acting as such, at the 
discretion of the corporation, or other authority, by whom such pilot was licensed. 
See Pilot Act, G Geo. IV. c. 125. § 75. Part 1. Chap. V. 



WEST INDIA DOCKS. 


8THOT SOI 

103 


furled ; all quarter boats lowered down, guns unloaded, gunpowder* 
put out, fires extinguished, and such other precautions taken as the 
dock-master may direct: when these preparations are completed, a flag 
must be hoisted at the fore, as a signal that the ship is ready. 

All ships are required to send down topgallant yards and strike 
top-gallant masts, and to have their jib and mizen booms rigged close 
in, bomkins, martingales, and all out-riggers unshipped, if time will 
permit, and at all events immediately after entering. Vessels will, 
however, be exempted from striking lower yards and top-masts, upon 
the master certifying that the same may be safely dispensed with, and 
engaging to be answerable for all consequences; and before being 
placed at the quay, the yards must be topped well up, and the yard¬ 
arms lashed close in to the rigging. 

Docking tickets and order of admission .—In fixing the order of 
admission, and issuing the docking tickets, regard will be had to the 
state of the tides, and the size and draught of water of each vessel, as 
well as the time of arrival: the largest ships must necessarily be taken 
in when the tides are highest, although they may have arrived sub¬ 
sequent to smaller vessels. Loaded vessels must always have the pre¬ 
ference over light ships. 

Tickets will be withheld, and no ship can be admitted, if neither the 
master nor pilot are on board. The docking ticket will only remain in 
force for the tide for which it is granted. 

At the proper time for the admission of each ship, notice will be 
given by hoisting her ticket number at the pier head, provided she has 
made the signal for being properly prepared. 

If any vessel shall attempt to gain admittance before her number is 
hoisted, the owners, and the master, pilot, or other person in charge, 
must be responsible for all consequences of such misconduct. 

Entering .—When a ship’s number is hoisted, she must drop up to 
the entrance, and be ready with good and sufficient warps to send to 
each pier, when ordered by the dock-masters. If the ship shall not 
then come to the entrance she shall forfeit her turn. 

When within the piers, proper ropes will be sent on board to guide 
and check the vessel through the lock: the master and pilot will be 
held responsible for making these, as well as the ship’s warps, properly 
fast on board : the vessel must be hauled a-head by the latter, and they 
are on no account to be cast off', unless ordered by the dock-master, 
until the ship is in the basin. 

Every pilot must bring his boat into the basin, or South Dock, as it 
is a most essential part of his duty to moor the ship. 

No ship’s boats can be admitted into the Import Dock except such 
as are conveniently stowed on deck. All other boats must be sent out 
of the docks. The hatches of all loaded ships are to be locked down, 
and the keys delivered to the officer appointed to receive the same. 

The boats of ships in the South Dock which cannot be securely 
stowed on deck, must be hauled up on the north bank, or secured afloat 
in such manner as the dock-master may direct, after the ship is 


* No gunpowder or loaded gun, or other loaded fire-arms of any description what¬ 
ever, shall be brought into any of the said docks, basins, locks, cuts, entrances, or 
other works, or be suffered to remain on board of any ship or other vessel whatsoever 
therein ; and the master or owner, or person having the charge of any ship or vessel 
in which such gunpowder or loaded gun or other fire-arms shall be found as aforesaid, 
shall forfeit and pay for every such offence any sum not exceeding ten pounds nor less 
th.myfrc pounds. 



104 PORTS AND HARBOURS OF ENGLAND, &c. 

moored. Ships, however, which are not laying at a jetty, will be 
allowed to employ one boat during the legal hours of business, which 
boat must be chained by the company’s officers to the north bank as 
soon as that time has expired. 

Any boats found afloat in any of the docks or basins, contrary to 
these regulations, will be removed by the dock-master, and will be 
detained until the charges occasioned by such removal shall be paid. 

Import Dock. 

No person whatever can be allowed to remain in this dock after the 
established hours of business : nor can any person be permitted to have 
access to vessels therein, excepting the owner, master, or chief officer, 
without a pass. 

Passes will be given on the application of the captain or chief mate, 
to admit the ship’s apprentices, or other persons, to prepare the ship for 
discharging, or to do any other work which may be unavoidably neces¬ 
sary ; but, to prevent the abuses which sometimes occur, it is strongly 
recommended that the company’s labourers be employed. 

Ships discharging .—Previously to any ship being quayed the decks 
must be cleared,* * * § and every thing prepared to begin working out the 
cargo. If, through want of proper tackle, or any neglect, a ship be 
not in readiness to take her turn, another will be quayed in the mean 
time. 

The master must deliver a correct list of all articles of baggagef or 
presents to the company’s officer at the baggage warehouse, with proper 
directions for the delivery thereof. Masters are particularly cautioned 
against signing blank manifests, or allowing themselves to be in¬ 
fluenced by the importunity of brokers ; and it is most desirable that 
one broker only should be appointed for each ship. 

An officer of the revenue is authorized to forward all despatches for 
the departments of government; packets so addressed will therefore be 
delivered into his charge, unless the company receive express directions 
to the contrary. 

Packages of bullion J or specie (whether cargo or private property) 
must be delivered by the captain, under his own responsibility; the 
delivery of goods overside will also rest with him, and he must take 
such steps as he may think necessary, to prevent detention from the 
non-attendance of craft and the want of sufficient hands to stow them, 
or to protect his owners in respect to their freight,§ and against any 
claim for damage or plunder which may take place before they reach 
their destination. 

Leaky ships may be lightened in the Blackwall basin; they may 
also be hauled in to discharge at the quay in the morning, and put into 


* Every master or other person having the command of any ship or vessel, who 
shall not properly clear the deck by stowing away such articles as impede the delivery 
of the cargo, shall forfeit and pay any sum not exceeding Jive pounds. 

f See minute of the commissioners of the customs, 6th of August, 1822, in Part I. 
Chap. VIII. Passengers. 

J Bullion and diamonds may be landed without report entry or warrant. See 
Regulation Act , 6 Geo. IV. c. 107. § 2. Part II. 

§ Owners requiring an abstract of their ship’s cargo, or any proportion thereof, for 
the purpose of making up their freight accounts, will be furnished with the same, 
together with an abstract of the certificates of damage, when required, at the following 
rate:—each abstract, containing the weights or quantities of 10 marks or parcels, or 
under, 2s.; of 11 to 20 ditto, 3s. 6 d .; upwards of 20 ditto, each mark or parcel 2 d. y 
but "not to exceed 10s. 6c/. 



WEST INDIA DOCKS. 


105 


the basin at night; the master or owner must, in such cases, sign an 
engagement to pay the expense of such extra labour, and to be answer- 
able for all damage that may arise therefrom. 

When a ship is finally discharged and moored in the Export Dock, 
or either of the basins, for the purpose of going out to the river, all the 
services provided for in the Import Rate are completed. 

For the more expeditious discharge of vessels, or despatch in re¬ 
loading,* every assistance will be given in clearing the decks, or stiffen¬ 
ing them ; coopering water casks, and shipping them when filled ; 
clearing the hold after discharge; shipping and stowing the outward 
cargo, under the directions of the ship’s officers ; and any other 
services which can be reasonably required. Should the company’s 
movable machinery be desired, it will be lent upon application to the 
principal dock-master. The following charges will be made for such 
services : 

s. d. 

For labourers hired' to work under the directions of the com¬ 
manding officer of the ship, each man per day, of the 
regulated hours of attendance (and not less than a quarter 
of a day to be charged. Overtime will be charged in 
proportion)... ...» .. . 3 6 

Articles loaded, shipped, or struck down by the dock cranes 

or jiggers, under two tons.per ton 1 0 

Two tons and under five tons (and not less than one ton to 

be charged).per ton 1 8 

Moveable machinery lent, each jigger with its gear . . per day 10 0 

The use of the floating engine for washing ships, including 
the attendance of -he man in charge (and not less than 
one day to be charged).per day 20 0 

Export and South Docks. 

All vessels entering or lying in these docks are in charge of the 

masters and owners; and it is the duty of the pilots, or officers and 

crews, to transport their respective vessels, under their own responsi¬ 
bility, as directed by the dock-master, to or from the river, and to or 
from any part of the docks or basins. 

Light ships on entering from the river must be provided with suffi¬ 
cient hands to dock and transport them, and should move in due time 
into the dock ; otherwise they will be removed by the dock-master, and 
the owners charged with the expense. 

Vessels discharging their inward cargoes in these docks will be re¬ 
garded as privileged ships, and all transporting within the docks will be 
performed by the dock-master, assisted by the crew, gratuitously, but 
unless there are sufficient crew on board to assist in transporting the 
outward bound ships they will not be moved. 

Whenever assistance is required by other vessels, it will be furnished 
by the dock-master on the following terms, viz.— 

A boat with warp and two hands.10.9. 0 d. 

Do. and four hands.159. Qd. 

And for every additional hand, employed, either on board or in the 
boats, 6d. per hour. 

The warps are only lent in aid of the ship’s warps. 


* See the act. 








106 TORTS AND HARBOURS OF ENGLAND, &c. 

Ships taking in cargoes will be moored at the quays in due rotation. 
Light ships not taking in goods shall be moored in eiiher of the docks 
or basins, as the dock-masters may judge convenient. 

While ships are laying at or moving to or from the quay, all out¬ 
riggers should be got in and made snug; and sails are by no means to 
be loose while so moving. 

No ship must be removed from her birth without notice being given 
to the dock-master, and his assent as to the time of removal being ob¬ 
tained. 

Craft must be fastened to the ships from which they are receiving, or 
to which they may be delivering goods : the charge upon craft which 
shall not be bona jfide* so engaged, will be the same as the rent upon 
sloops and craft coastwise , and, as usual, not less than one week’s rent 
will be charged. To obviate any doubt as to the time for which they 
may be fairly entitled to exemption, twenty-four hours will be allowed, 
from the time of entering the dock, for receiving goods, and twenty-four 
hours after being loaded or discharged, for going out of the docks. 

Convenient receptacles on the quays and craft are provided, wherein 
all dust, ashes, &c. are to be deposited, and which shall be cleared by 
the persons appointed by the company, and by no one else. 

No vessel shall be permitted to take in ballast after day light, or 
before day-break. 

Ships’ provisions or stores cannot be permitted to pass the gates 
without an order signed by the captain or owner. 

No repair or calking can be permitted without the special permission 
of the court of directors, to whom application should be made through 
the principal dock-master. 

The jetties .—Ships landing cargoes in the South Dock, or taking in 
goods by land, shall have the preferable use of the jetties. 

Ships which are fitting out, but have not commenced loading, shall 
be accommodated as far as possible ; but such ships must be removed 
to make room for vessels about to discharge or take in cargo by land. 

In other respects, preference will be given to ships intended for sale, 
over those which are merely laying up; and as between ships which 
are similarly circumstanced, the priority of their entering the dock shall 
determine the preference. 

Fire and candle .f—Vessels in these docks shall be considered as 
forming three classes, viz.— 

1. Vessels actually discharging, having their crews on board, or 
loading outwards. 

2. Vessels rigging or fitting out, but which shall not have com¬ 
menced taking in goods. 

3. Vessels for sale or laying up. 

To each of these classes special licences will be granted. Every such 
licence will express the place in which fire may be kept, and the circum¬ 
stances under which it may be used ; upon the slightest infringement 
of the conditions, the penalty prescribed by law will be rigidly enforced. 


* Any lighter, barge, or other craft, either after having any goods taken or unladen 
thereout, or which shall enter for the purpose or under pretext of taking or carrying 
goods out of the docks, or any other pretext whatsoever, which shall remain longer 
therein than twenty-four hours, must be removed, under a penalty of forty shillings for 
the first twenty-four hours , and twenty shillings for every further period of twenty-four 
hours during which any such lighter, barge, or craft shall remain after notice given, 
f See the act. 




WEST INDIA DOCKS. 


107 


Every application for a licence must be made by the master or owner, 
specifying the names and capacity of the persons in charge of the ship, 
and engaging to be responsible for their attention to the regulations. 

Opening and shutting the gates .—The gates of the Export and 
South Docks will be opened at six o’clock in the morning and shut at 
eight o’clock in the evening, from the 1st of March to the 10th of No¬ 
vember; and from the 11th of November to the last day of February, 
opened at eight in the morning and shut at seven in the evening. 

Captains and mates may be furnished with tickets upon applying at 
the police office at the Import Dock, which will entitle them to admis¬ 
sion till nine o’clock p. m., but no person whatever can be allowed to go 
out after the hour for closing the gates. 

Vessels about to leave the docks .—Export vessels should be hauled 
out in sufficient time to be at the river locks, at Blackwall, at low water, 
or two hours before high water, at the latest; to prevent the incon¬ 
venience of hauling down the Blackwall Basin or South Dock during 
the time that other vessels are requiring admission, which must have 
the preference. 

Vessels can only be let out after high water, upon the special request 
of the officers in charge of them. 

Ships going into the river must use their own ropes, as they are out 
of the dock-master’s charge when clear of the outer gates. 

Notice. 

Two true copies of the manifest of the cargo must be delivered into 
the general office, at the West India Dock-house, within twelve hours 
after every vessel shall enter the docks, or after the cargo shall have 
been reported at the Custom-house, which shall first happen. Penalty 
for refusal or neglect, any sum not exceeding^/?ue pounds. 

No manifests will be required for ships discharging by their own 
crews. 

No ships can receive their rotation, or be allowed to break bulk until 
their cargoes are duly entered, and such cargoes will be landed in due 
succession, according to the strict order in which the manifests are de¬ 
livered at the general office, after being certified by the company’s officer 
at the Custom-house, as to such entries being completed. 

If such manifest, or bill of lading, or copy, shall be false, or if any 
bill of lading be uttered by any master, and the goods expressed therein 
shall not have been bond Jide shipped on board such ship, or if any bill 
of lading uttered or produced by any master shall not have been signed 
by him, or any such copy shall not have been received or made by him 
previously to his leaving the place where the goods expressed in such 
bill of lading, or copy, were shipped, penalty one hundred pounds. 
6 Geo. IV. c. 107, § 10. Part II. Regulation Act. 

In all cases not specified or provided for, in the foregoing rules and 
orders, application must be made to the principal dock-master. 

Charles C. Parish, 

Principal Dock Master. 

The foregoing regulations approved and confirmed by the Court of 
Directors of the West India Dock Company. 

II. Longlands, 

IVest India Dock Home , Secre ary. 

August 26, 1831. 


108 PORTS AND HARBOURS OF ENGLAND, &c. 


Ships entering the West India Docks are permitted to retain their 
crews on board, when required by the owners ; and the directors have 
fitted up the ship Waterloo, in the South Dock, for the accommodation 
of junior officers and apprentices, while their ships are discharging their 
cargoes in the Import Dock. 

The captains, officers, and crews of ships are requested not to give 
either wine, spirits, or grog, to the servants of the company, as by so 
doing they expose them to the certain and immediate forfeiture of their 
situations, 

No fee, perquisite, or reward, of any kind or denomination whatso¬ 
ever, is to be taken by the company’s officers, or any persons who shall 
be employed in the service of the company, for any act done within the 
docks. Penalty, forfeiture of the sum taken, and any sum not exceed¬ 
ing five pounds for each offence. 


Water, 

Supply of for shipping :— 

8. d. 

If received in boats or craft, at Blackwall Basin, per tun . . 10 

If taken to the ship by the company’s servants, per tun. . . 16 

If filled by ditto into casks or tanks, on shipboard, per tun 2 0 

N. B.—The Tables of Rates for Landing Goods and Rent, 
&c. being subject to alterations are not given here, as they can be 
had, gratis , on application at the West India Dock Office, Billiter 
square. 


EAST INDIA DOCKS. 


iTIIO*! 


109 


»rlt xfiai'-ri oi bsJJinnsKj sib >hoCI N ^dt grthaJnd 

East India Docks. 

The East India Dock Company was instituted by virtue of the 43 
Geo. III. c. 126. (local,) and ships from the East Indies and China, 
and all ships taken as prizes, on arriving from the Cape of Good Hope, 
and laden with such produce, were, for a period of twenty-one years, re¬ 
quired to discharge only in these docks. That period expired the 3rd 
October, 1827, and that act, as well as the 46 Geo. IV. c. 113. (local,) 
and the 54 Geo. IV. c. 228. (local,) have been repealed by the 

9 Geo. IV. c. 95. (local,) 

“ An Act to consolidate and amend several acts lor the further im¬ 
provement of the port of London by making docks and other works at 
Blackmail for the accommodation of East India shipping.” 

The act commences by setting forth that certain persons were united 
into a company, by the style and term of the East India Dock Company, 
and had made two docks at Blackmail in the county of Middlesex , 
called respectively an inner or Import Dock, and an outer or Export 
Dock, with quays and wharfs, and warehouses on the sides thereof, and 
an entrance basin and locks, and entrances communicating therewith, 
and have enclosed the said docks, &c. with high walls, &c.; and 
that in consequence of the expiration of the said term of twenty-one 
years, it is expedient to repeal the restrictions which prevent other ships 
or vessels from going into the said docks, and that the provisions of the 
said acts should be consolidated and amended. 

As this act is a very long one, and relates to a number of subjects 
foreign to the design of this work, only such clauses as affect 
the shipping interest will be noticed, and the same course will 
be adopted here as has been done with the West India Dock 
Act, viz.—Such of the clauses as are the same as those in the 
London Dock Act will be merely noticed, and reference made 
to the corresponding section in that act: where there is any ma¬ 
terial difference it will be stated. 

By § 30 and 48 the company may make, alter, and annul by-laws for 
the government of .the docks, and the ships and vessels in the same, 
and affix any pecuniary penalty, not exceeding five pounds, for any 
offence or breach of such laws, rules, or regulations, provided they be 
not repugnant to the laws of that part of the United Kingdom, called 
Great Britain. 

They have likewise power to scour the docks, remove wrecks, &c. 
anchors, &c., and if the owners refuse or neglect to pay the expences of 
such removal for the space of seven days, they may be recovered in the 
like manner as any other penalty or forfeiture. § 114. 

See London 
Dock Act, 
Section 

The company empowered to take rates for ships. § 118. 101. 

But not exceeding ten shillings per ton. 

Horn the tonnage and duties to be ascertained. § 119, 120. 104,105. 

But penalty twenty pounds. 


110 PORTS AND HARBOURS OF ENGLAND, &c. 


nobn 

toA 


>bo(I 


See London 
Dock Act, 

Section 


Recovery of rates. 

The collector and every other officer of his majesty’s cus¬ 
toms is authorized to refuse, give, or make out any 
cocket or other discharge, or take any report outwards 
or inwards for any ship, vessel, or boat using the said 
docks, until the duties by this act shall be paid to the 
person appointed to receive the same; and such 
officer of customs is hereby bound to obey such orders 
as he shall receive from the commissioners in relation' 
thereto. § 122. 

Evading payment of the rates . § 118. 

Power to take rates on goods. § 124. 

Officers of the company taking or demanding a greater 
sum than in the Table of Rates, to forfeit five pounds. 
Exemptions from rates §125. 

Recovery of rates payable on goods. § 126. 

If of a perishable nature, 4 months ; if not, in 12 months. 
Docks to be part of the port of London. § 127. 

Wharfs and quays to be legal quays. § 128. 

Goods subject to tike tolls, 8fc. as if shipped or unshipped 1 
at the legal quays. § 130. j 

Vessels to land and ship goods only at quays and landing) 
places appointed. § 131. J 

Penalty five pounds. 

Gates and doors of warehouses , vaults, fyc. to be under the 

joint locks of the company and officers of the revenue. § 132. 

Hours for opening and shutting the gates and docks of the 

Export Dock and basin. 

From the 1st of November) c . ,, 

. .. Ifrom seven in the morning 

last day in February, J U11 four in the afternoon - 
and 

From the 1st of March j c . . 

to ^ I from six m the morning 

31st of October, J tiM four in the afternoon - 
§ 133, 134, 135. 

Hours for the attendance of the revenue officers ctl the Im¬ 
port Dock. 

From the 1st of November 1 from eight in. the morning 
to the > till 

last day in February, J three in the afternoon, 
and 

From the 1st of March Ifrom seven in the morning 
to the V till 

31st of October, J three in the afternoon. 

§ 137. 

The wicket-keepers not to permit any goods , Sfc. to pass 
outwards from the docks, without the person producing a 
pass for such goods, signed by the officer of the company ap¬ 
pointed to grant the same. § 136. 

Note. —The gate-keepers are appointed constables; re¬ 
sisting them, penalty twenty shillings. 


102 . 


103. 

106. 


108. 

107. 

113. 

112 . 

112 . 

111 . 



EAST INDIA DOCKS. 


Ill 


See London 
Dock Act, 

Section 


No fees to be taken by the company's officers. § 138. 

Penalty fifty oounds. 

Holidays. § 139. 

The King’s birth-day, or the day it is kept, added. 

Hatches of ships. —The hatches of all ships in the employ 
of the East India Company, in the docks, with goods on 
board, shall be under the joint locks of the said East India 
Company, or the owners or charterers thereof, and the com¬ 
missioners of the customs; and no such hatches shall be 
locked or opened except in the presence of one or more 
officers of the said East India Company, or one or more 
of the officers of the customs, and locked in like manner. 
§ 140. 

Surveyor of the company may examine goods on board ,1 
and certify damage, 8fc. § 146. j 

Cost of the survey and certificate five pounds. 

Any unsafe packages to be made good. —If any goods to 
be cleared or discharged from any ship in the said docks shall 
be in unsafe or insufficient packages, or shall be stowed loose 
in the ship, the same shall be collected and the packages re¬ 
paired before the same be delivered out of the ship; and the 
owner of the ship shall pay reasonable rates for the same; ex¬ 
cept only in cases where such damage shall arise from the 
nature or quality of the goods, when the owners or consignee 
thereof shall pay such reasonable charge for repairing the 
same. § 147. 

Not to affect owners of private ships. —Provided that the 
owners of all ships loading or unloading shall be answerable 
to the owners of the goods, to be exported or imported therein, 
for the due stowage and delivery of their cargoes, according 
to the true intent and meaning of any contracts, charterparties 
or agreements, at any time made or entered into between the 
said owners and commanders, and the owners, &c. as if this 
act had not been made. § 149. 

The master to deliver a true copy of the manifest within 
twelve hours after arriving in the docks, at the principal 
office of the company. § 149. 

The company may enter and land goods not entered in 
seven days. —In case any goods shall be brought into the said 
docks on board any ship, and shall not be duly entered at the 
Custom-house, and any other office required by law, within 
seven days after the ship shall have been reported, then the 
company on the next day, not being a Sunday, &c. (see 
§ 139,) may cause such goods to be duly entered at the Cus¬ 
tom-house, &c. and land and warehouse the same, and retain 
the same for the duties, and the rates of the company and the 
expences of entering, landing, coopering, and housing the 
same, together with the freight. § 150. 

The master or mate, fyc. to be on board when unloading . 

§151. 

Goods if not taken away on landing to be warehoused .— 
If any goods on which the duties of customs shall be fully 


143. 

110 . 


144. 


109. 


118. 


112 PORTS AND HARBOURS OF ENGLAND, &c. 


See London 
Dock Act, 

Section 


paid shall not, when and as the same are landed in the Inner 
Dock, be forthwith carried away, and all dock rates, &c. dis¬ 
charged, the officers of the company may cause such goods to 
be housed. § 152. 

Goods landed in the docks to remain subject to freight.} 119. 


..Instead ofLon- 
don Docks read 
East India 
Docks. 


§ 153 


Vessels to be under the control of the dock master. § 155. 125. 

This clause is the same in substance, though not in 
words ;—instead of ten pounds penalty, read five 


pounds. 


Dock-master may order vessels to be dismantled, fyc. § 156. 129. 

Barges, fyc. to be under the control of the dock-master. § 157. 

Persons disobeying or neglecting to remove them when 
directed, penalty five pounds. 

Penalty on not removing vessels when required. —If the 
master of any ship shall place such ship, so as unnecessarily 
to obstruct the navigation into or out of the docks, &c. and 
shall not immediately on request remove the same, he shall 
forfeit any sum not exceeding ten pounds , and also not ex¬ 
ceeding jive pounds , for every hour such obstruction shall re 
main; and the dock-master may remove the same, and detain 
the ship till the expences of such removal be paid. § 158. ' 

Orders of directors or dock-masters not to affect the respon¬ 
sibility of the person having charge of the ship.— The several 
orders of the directors or dock masters to the master, &c. of 
any ship within the docks, basins, or other works, or within 
any part of the river Thames, as shall be within 200 yards 
from the extremity of the wing wall of any entrance out of the 
said river into the works of the company, shall not lessen any 
responsibility which the master shall be liable to respecting 
such vessel or cargo. § 160. 

Obstructing the mooring of vessels. § 161. 



Penalty five pounds. J ^“P"- 

Regulating the mooring of vessels near the entrances of the 125. 
docks. —No ship shall anchor, moor, or lie in the river Thames 
within 200 yards of any entrance into the docks, except 
such ships as are appointed, or as shall have come out 
of the said docks, &c. within twelve hours last past; and if 
the master, &c. shall not remove the same within twelve hours 
after being requested by an order in writing signed by the 
dock-master, &c. and left on board such ship, every such mas¬ 
ter shall forfeit not exceeding ten pounds, nor less than Jive 
pounds, for every twenty-four hours that such ship shall be 
anchored, &c, at such entrance. Provided nothing to prevent 
any ship, lighter, &c. from lying in the Thames alongside any 
wharf within the distance of 100 yards for the purpose of dis¬ 
charging, so as not to obstruct the entrance into the said 
docks. § 162. 

For keeping the entrances of the docks char. § 163. 126. 

Except that the first penalty is Jive pounds, and one 
pound for the second. 


EAST INDIA DOCKS. 


113 


142. 


See London 
Dock Act, 
Section 

Vessels not to navigate into the docks under sail. § 164. 128. 

Penalty not exceeding ten pounds nor less than Jive 
pounds. 

Persons on board vessels leaving drawbridges open unne¬ 
cessarily. Penalty not exceeding^ye pounds. §165. 

Suffering vessels to strike against the bridges or locks. 

Penalty not exceeding ten pounds. § 166. 

Destroying ropes. § 168. 

Penalty ten pounds. 

Lascars not to remain on board. —No Lascars shall be 
allowed to be on board any ship in the docks or basins, 
except when such ship is coming in or going out, or pre¬ 
paring to go out of the basin or outer dock ; and no Lascars 
shall be on board of any ship but between the hours of seven 
in the morning and five in the afternoon, for the purposes of 
equipping or preparing her rigging, previous to her sailing 
from the said docks. § 169. 

Penalty for not removing combustibles. § 170. 

Time altered to one hour , and the penalty to two pounds. 

Combustible matter not to be melted on board ship , orl 
Gunpowder be brought into the docks. j 

Penalty twenty pounds. 

Note. —The term fire-arms is omitted in this act. 

Fire, candles, Sfc. § 172. 

Penalty Jive pounds. 

No tobacco to be smoked in the docks. Penalty Jive pounds. 

§ 173. 

To prevent nuisances, or throwing ballast into the docks. § 174. 

Penalty ten pounds. 

Obstructing officers, fyc. going on board ships in the docks .1 
§ 175. j 

Breaking lamps, fyc. § 176. 

Masters may recover from servants any sums incurred by 1 
their default. § 177. J 

Extended to boatmen and watermen and servants. 

Obstructing officers of the company. Penalty not exceeding 
Jive pounds. § 178. 

The remainder of the act relates to the recovery and application of 
penalties, § 180.—Settling disputes respecting damages and charges, 
§ 181 and 182.—Justices may proceed by summons, § 183.—Compel¬ 
ling attendance of witnesses, § 187.—Punishing persons giving false 
evidence, § 188.—Mitigating penalties, &c. § 189.—Giving part of the 
penalties to the informer, § 190.—Appeals, limitation of actions, &c. &c. 


133. 


136. 


137. 


138. 


140. 


I 


114 PORTS AND HARBOURS OF ENGLAND, &c. 


By-laws, Rules , Orders, cmd Regulations, made, ordained, and esta¬ 
blished, at a Court of Directors, held on the Uth of July, 1828, by 
virtue of the powers contained in the Act 9 Geo. IV. c. 95. as follows. 

N. R._Only such of these as affect the masters of ships, and are not to be found 

in the foregoing act, will be given. Those parts relating to visitors, craft, &c. are 
omitted. 

7. Officers of ships, fyc. shall have admittance at all working hours, on leaving 
their names and stations with the gate-keepers, if not previously known to them. 

15. Repairs, pitch-pots, 8fc. —No shipwright’s work or repairs (beyond calking 
tire upper deck) may be performed within the Dock Company’s premises, except in 
special cases, with the express permission of the court of directors ; but painter’s and 
joiner’s work will be permitted as heretofore in the outer dock and basins. Pitch-pots 
will not be permitted to be heated within the dock walls, or work done by candle-light, 
either by joiners or other tradesmen; and whatever chips or dirt is made, must be 
carefully collected and removed to the receptacles provided for the purpose. 

16. Stoves or cooking-places. —To prevent danger from fire, stoves or cooking-places 
will not be allowed to be used on board the ships or vessels in either docks or basins; 
but candles will be permitted on special occasions, on application to the dock-master, 
who will grant a written permission for the purpose. Any person offending against 
this regulation will be subject to a penalty of five pounds. 

18. No person to remain on board the ships during the night. —No person to remain 
on board ships in the export dock or basin, during the night, excepting ship-keepers 
and apprentices, to whom a ticket of permission will be granted, on application to the 
dock-master. Penalty forty shillings for each offence. 

19. Shingle ballast, dunnage, Sfc. landed on quays, forfeited. Receptacles for dirt, 
fyc. —All shingle ballast, dunnage, water-casks, and other materials, landed on the 
quays, from homeward-bound ships, if not removed within five days by the 
owners, will be considered as abandoned, and become at the disposal of the Dock 
Company. And as convenient receptacles in both docks are provided wherein all dirt 
and rubbish may be deposited, any person detected throwing dirt, rubbish, or filth of 
any sort, upon the quays, or into the docks or basins, will incur in such case the 
penalties in § 174, and be proceeded against with the utmost rigour. 

20. Live stock. —Cows, sheep, pigs, goats, &c. are requested to be sent out of the 
several ships previous to their entering the import dock; and in every instance where 
they are introduced there as a matter of necessity, they are required to be confined 
in their pens on board the ship, so as to prevent inconvenience in the discharge of 
the cargo. And they are prohibited from being landed on the quays, or from being 
turned ashore within the dock premises: every commanding officer committing or 
permitting a breach of this regulation, shall be subject to the penalty of five shillings 
per head, of such live stock, and they shall be impounded until it be paid, together 
with the expense of their maintenance. 

21. Goods sent for clearance and shipment. —The quays and wharfs of the docks, 
being constituted legal quays and wharfs, all private goods can be received for ship¬ 
ment in the export dock ; and if sent there for clearance by the searchers, can be 
housed and examined there in shed warehouses, erected by the company upon the 
north quay for that purpose, subject to charges as at the other docks. 

BY-LAWS RESPECTING SHIPS AND CARGOES. 

Homeward. 

1. Dock Company not answerable for damage in certain cases. —The docks being 
constructed for the safety of shipping, and for the more convenient and regular 
delivery and lading of their cargoes, it is to be understood that the East India 
Dock Company are not answerable for any evil that may arise from lightning, storms, 
the effects of civil commotion, or war, fire, plunder, or robbery, or any event not arising 
from the act or neglect of their officers. 

2. Regulations respecting mooring ships to the hulk. —As the moorings within 200 
yards of the dock entrance are exclusively appropriated to ships coming into or going 
out of the docks, the Dock Company have caused a hulk to be moored, with four 
chain bridles, affixed to the mooring chains laid down by the corporation of the city 
of London, as an accommodation to ships so coming into or going out of the docks ; 
and it is ordained, that not more than two large ships of 10'OO tons each or upwards 
be permitted to lie on each side of the hulk, or three of a smaller class; and any pilot 


EAST INDIA DOCKS. 


115 

birthing ships contrary to this regulation, will be subject to a penalty of five pounds. 
If more ships arrive off the docks than can be accommodated at the hulk, the chains 
above the dock entrance and below it have been placed by the city of London, at 
proper distances, with bridles and buoys to moor to ; and ships that are too large, or 
drawing more water than may be considered prudent or safe to swing at these buoys 
at low water, may conveniently form themselves from them into half tiers, by availing 
themselves of the head or stern moorings of the hulk, as it may be that they are below 
or above her. 

3. Other than ships coming into or going out of the docks , may stop tide when hulk 
is disengaged. —Though the hulk is specially appropriated for the use of ships coming 
into or going out of the docks, other ships or vessels (when the hulk is disengaged) 
may stop tide, or a period not exceeding twenty-four hours; but in case any shall 
remain beyond that time, and shall not be removed within twelve hours after notice 
is given to do so by the dock-master or his assistants, the master, pilot, or other person 
having the command or charge of such ship or vessel will be subject to a penalty of 
not exceeding ten pounds nor less than five pounds, for every twenty-four hours that 
such ship or vessel may remain. § 162. 

4. Charge for using the hulk. —In order to defray the charge of maintaining the 
hulk, every East India Company’s ship and private ship using the docks, and making 
fast to the hulk, outwards or homewards, of 500 tons burthen or upwards, to pay one 
guinea ; and ships or vessels under that burthen, ten shillings and sixpence, for every 
twenty-four hours they use the same, for the first three days; and, to prevent dis¬ 
appointment to other ships requiring the like accommodation, be subject, if she 
remain beyond that period, to the payment of five guineas for every twenty-four 
hours,' and if not acquiesced in, the penalties of the act respecting her removal are to 
be enforced; unless such further stay be occasioned by actual necessity, or other 
reasonable cause, to be allowed by the dock-master, or that her admission into the 
docks be prevented by impediments on the part of the Dock Company or their 
officers. 

6. Rotation for ships or vessels entering the docks. —The ships at the moorings, or 
arriving off the dock entrance, are to prepare to come into the docks in succession, 
pursuant to notice from the dock-master or his assistants; and for any attempt to come 
in contrary to such prescribed rotation, or to impede the entrance of other ships or 
vessels by any wilful or negligent manoeuvre, the pilot of the ship so offending shall 
forfeit five pounds. 

Observations on ships entering. —In fixing the order of ships and vessels entering the 
docks, regard must necessarily be had to the burthen and draft of water of the vessels, 
and the height and state of the tides ; in some cases it may be advisable to take the 
larger vessels in before the smaller ones that were ready before them, and vice versa ; 
at other times it may be expedient to take the smaller vessels in before the larger or 
deeper; but in neither case will their respective turns for unloading be prejudiced by 
such expediency. 

7. The larger classes of East India Compan?fs ships, how to be prepared for 
entering. —The larger classes of ships in the service of the East India Company, 
before entering the docks, are required to strip to their lower masts, to have their 
topmasts struck, their anchors delivered from the ship, their guns out, their upper 
deck cleared of spars, booms, and boats, and their derrick rigged, unless some 
pressing emergency (to be allowed by the dock-master) shall render it necessary to 
dispense with any part of this regulation. 

8. Private ships entering —The repeated instances that experience has furnished 
of the risk and mischief private ships are liable to from the want of ballast, and from 
not sufficiently stripping before commencing their discharge, render the following 
regulations in regard to them absolutely indispensable, viz. private ships arriving at 
the moorings will not be required, before they enter the basin, to do more than to furl 
their sails, and get the flukes of their anchors in-board, to prevent damage to the 
flood-gates and locks, and having entered the basin, nothing further will be required 
of them than to strike top-gallant-yards and masts, rig in their jib-booms, top then- 
lower and top-sail-yards, as may be directed by the dock-master, to clear their decks 
of boats and spars, which might otherwise impede their discharge, and to have their 
derrick rigged; but it is distinctly to be understood, that if the respective ships or 
vessels, from not striking their top-masts and lowering their yards, or from not having 
sufficient ballast on board, should be unable to discharge their cargoes, that the Dock 
Company will not hold themselves responsible for any consequence that may arise 
therefrom to the vessel herself, the cargo, or stores; and that the ship-owner shall be 
answerable for any damage done to the company’s works, or to other vessels, in conse¬ 
quence of this departure from principles of general safety. 

9. Ships must be furnished with sufficient hawsers and ropes. —All ships or vessels 
entering the docks are required to be furnished with good and sufficient hawsers and 

i 2 


116 PORTS AND HARBOURS OF ENGLAND, &c. 

ropes, for the purpose of transporting them as occasion may require, and also for 
mooring them; in default of which, the owners thereof will be held liable for any 
damage to themselves, the Dock Company’s works, or to other vessels. 

10. Signals to direct ships as to proper time of entering the docks. —Whenever the 
ships are (pursuant to the aforesaid regulations, and to the satisfaction of the dock- 
master or his assistant) prepared to enter the docks, a red flag, as a preparatory signal 
thereto, will be hoisted on the flag-staff at the dock entrance, which will be shifted 
with a diagonal blue and white flag, for the first ship to come into the basin; which 
last flag will be kept flying so long as it is proper for ships to enter that tide. 

11. Ships going out. —The same regulation, as to the dock-master’s or his assist¬ 
ant's direction or authority, is to apply to ships proceeding out of the docks into the 
river, and the penalty of five pounds will be incurred for any breach thereof. 

12. Pilot's charge ceases when in the basin. —On the ship’s being secured in the 
basin, the dock-master is to receive her from the pilot. 

13. Commanding officer to report state of leakage. —A report is to be made by the 
commanding officer of every leaky ship, regularly signed and delivered, to the dock- 
master. of the water the ship has made per hour for three successive days, before she 
be permitted to enter the import dock; and if the report be incorrect, the ship will be 
liable to be the last delivered, and the Dock Company will not hold themselves respon¬ 
sible for any damage to the cargo that may ensue. Whilst the ship remains in the 
basin, the Dock Company do not engage to pump the ship unless specially requested. 
The expense of pumping the ships by the Dock Company, will be charged to the 
owners at a moderate rate, according to the extent of the leakage and the quantum of 
labour required. 

14. Riggers permitted to work on board ships in the basin. —Riggers and other 
persons will be admitted, whilst the ship is in the basin, to strip the rigging, or for 
any other necessary purpose; and it is strongly recommended that the opportunity 
should be embraced, as persons will not be admitted into the import dock for such 
purposes. 

15. Stores to be put out in the basin. —Such stores as may be required to be 
delivered from any ship or vessel, must be put out in the basin previous to her going 
into the inner dock, as no description of craft will be admitted into the import dock for 
such purpose; and ships not being prepared to the satisfaction of the revenue officers 
to enter the import dock, or not being dismantled and cleared, as required by the 
preceding clauses, the owners shall be liable to all the expenses incurred by the Dock 
Company in dismantling and clearing her. 

16. Strangers not allowed access to ships in import dock. —On the ship's arrival in 
the inner dock, no person can have access to her but the king’s, company’s, ship’s, and 
dock officers, and others on the establishments; nor any of these after four o’clock 
in the evening, excepting an officer of the ship, a ship-keeper, or other persons, be 
specially permitted to remain on board by the dock-master, under authority granted to 
him by the directors for such purpose. 

17. Regulations for quaying ships in import dock. —In order to give every possible 
and equitable dispatch to the unloading of ships, it is ordained that the East India 
Company's ships have their delivering places on the north side of the import dock, 
and that the south side be allotted to the private ships, and that the eastern and 
western sides be used for either, as the number of vessels, or other prevailing circum¬ 
stances, may require. 

18. When a second line to be formed. —That a second line of ships be formed at the 
respective allotted situations, (if there be more than can occupy the delivering places,) 
so as to be ready to succeed as others are discharged. 

19. Priority of unlading. —On the arrival of ships in fleets, as it may not be pos¬ 
sible to commence the unlading of the whole upon their immediate entry into the 
docks, priority in unlading shall attach to the ships or vessels in the East India Com¬ 
pany’s service, or of private ships or vessels, conformable to the preceding rules, and 
that are, under the existing regulations, first ready to enter the dock; nor shall any 
preference be given, unless the requisition for that purpose is consented to in writing 
by the parties who have a prior claim to an earlier delivery, or from circumstances of 
imperious necessity, such as leaky ships; any other alleged cause must first receive 
the sanction of the court of directors. 

22. Commander objecting to ship's discharge to stale his reasons in writing. —The 
cargo being under the charge and direction of the commander till unladen, in the 
event of his objecting to its delivery, the same must be stated in writing to the dock- 
master, setting forth the cause thereof, and the discharge of the ship will be sus¬ 
pended. 

23. Leaky ships.—r -If from the leaky state of the ship, or from any other circum¬ 
stance, a delivery at two or more hatchways be required, requisition must immediately 





EAST INDIA DOCKS. 117 

be made to the board of customs and to the dock-master, stating the necessity 
thereof. 

24. Master or mate to be on board during the delivery of the cargo. —By the fore¬ 
going act, § 152, the master, &c. is required to attend the delivery of the cargo, and 
rules, are laid down in the said act, § 146, for ascertaining the cause of any damage 
the same may have sustained. Should he neglect to attend pursuant to the said act, 
the Dock Company will suspend the delivery of the ship; and any charge incurred 
for men engaged for that purpose, who shall be unemployed on account thereof, shall 
be paid by the owners. 

25. Tween decks to be cleared before opening the hold —All avenues to the cargo, 
except at the delivering hatchway or hatchways, to be shut up, as far as possible, and 
the tween decks to be cleared previous to the opening of the hold, unless under special 
circumstances, to be admitted by the dock-master. 

27. Kentledge for stiffening. —Kentledge, if required for the stiffening of ships, 
will be supplied by the Dock Company. The terms may be had on application at the 
dock-master's office. 

28. Ships and vessels masted or dismasted. —Ships and vessels will be masted or 
dismasted, at the building of the company, at rates according to the burthen of the 
vessel, and the extent of service performed, the terms of which may be obtained at the 
dock-master’s office ; but where ships above 800 tons have teak or poon lower masts, 
it may become necessary to have the aid of sheers, and a corresponding number of 
hands on board the ship, to guard against accident, the additional cost of which 
must be defrayed by the owners ; and the decision as to its necessity left to the dock- 
master. 

29. Store-houses for ships’ provisions and stores may be rented of the company, at 
moderate rates; and anchors and guns will be received on the company’s wharf, sub¬ 
ject to moderate charges; tables of rates for which, and other services, may be had at 
the dock-master’s office. 


Ships and Cargoes Outward. 

30. The quaying and watering of the East India Company’s ships, and the lading 
of them, shall be conformable to the appointed time for their coming afloat by the 
East India Company, as far as may be practicable; in case of any difficulty arising, 
the dock-master to decide thereon. And ail private ships that load outward in the 
dock shall be quayed, watered, and laden, according to the priority of notice they give 
the dock-master or his assistant of their intentions; unless some special case may 
induce the court of directors to determine otherwise. Persons in the command of 
ships, or other persons concerned therein, either resisting such rotation or direction, or 
not complying therewith, shall suffer a fine of five pounds. 


118 PORTS AND HARBOURS OF ENGLAND, &c. 


TABLE OF RATES FOR WHARFAGE, STORE-HOUSES, &c. ANI) FOR 
SUNDRY WORK DONE BY THE EAST INDIA DOCK COMPANY. 


W T harfage of guns above 20 cwt. each. 

-15 cwt. and under 20 cwt. each. 

-10 cwt. and under 15 cwt. each. 

-under 10 cwt. each... 

-Gun-carriages belonging to the guns of the above scale, 

- Anchors, per cwt. 

-Kentledge, per ton. 

—-other articles deposited on the wharfs or quays, per ton 

These rates of wharfage are for the season the ship may remain at home ; or for 
a period not exceeding twelve • months: if the twelve months he exceeded, the 
same rate of charge will be made as if a new season had been commenced, and 
this rate of wharfage be considered an annual charge. JV. B.—By the present 
existing agreement between the East India Company and the Dock Company , 
the guns and anchors of ships whilst in the Company's service are free of 
wharfage . 


Guns, landing from craft, and stowing them on skids, per cwt. 0 2 

- Carriages, above 10 cwt. each. 1 0 

-- under 10 cwt. each. 0 6 

- shipping of into craft, the same rate, 

- getting on board ship, and mounting them, per ton. 2 6 

- Carriages, getting on board, of guns above 10 cwt. each. 0 6 

-under 10 cwt. each. 0 4 

Anchors, landing from craft, and placing them at racks, per cwt. 0 3 

-shipping of into craft, the same rate. 

- placing for unstocking or for stocking, per cwt. 0 1 £ 

Kentledge, discharging from ships, and stacking it on the wharf, per ton.... 1 2 

-into craft, per ton. 1 0 

- shipping off from the wharf, and stowing it in the hold, per ton... 1 2 

-into craft, per ton. 0 10 

Discharging shingle or stone ballast into craft or on the quay, per ton. 1 3 

Water supplied to outward-bound ships, as well as what is used for seasoning 

their casks, per tun imperial measure.1 0 

Loaded waggons, admission of, conveying cargo, or passengers’ baggage, in 

lieu of wharfage, each. 5 0 

-Carts with ditto, ditto. 2 6 

- Trucks with ditto, ditto... \ q 


N. B. — Ships' stores and commander and officers' baggage , admitted free to 
outward-bound ships. 

Storehouses (for ships’ stores) may be hired at one guinea per week; if rented 
annually, large storehouses forty pounds a-year; smaller ditto thirty-five pounds 
a-year; or if taken permanently, large storehouses thirty-five pounds a-year, smaller 
ditto at thirty pounds a-year. 

Rigging-shed, use of the, for fitting rigging, viz. 

For ships of 800 tons and upwards.... five guineas. 


Ditto from 500 to 800 tons.four guineas. 

Ditto from 300 to 500 tons.three guineas. 

Ditto under 300 tons .two guineas. 


N. B.—Time for this operation limited to one month. 


s. d. 
2 6 
2 0 
1 6 
1 0 

1 3 
1 0 
0 9 
0 6 
0 3 
1 6 

2 6 













































EAST INDIA DOCKS. 


119 


TABLE OF RATES ON SHIPS, 


Every ship using the docks, outwards or homewards, and making fast alongside the 
hulk, of 500 tons burthen or upwards, to pay one guinea, and ships and vessels 
under that burthen, 10$. 6d. for every twenty-four hours for the frst three days ; 
should this period be exceeded, to pay for every twenty-four hours beyond the same 
five guineas, unless such detention is caused by special circumstances, such as the 
by-laws provide for. 

The charge for any description of labour or service performed by the Dock Company, 
and not specified in this table, will be made on moderate terms. 

Note. —In loading ships outward, the Dock Company engage to get on board all 
goods and stores from craft or the wharf without, extra charge, except the following, 
viz. kentledge, anchors, guns and carriages, sails, standing and running rigging, 
booms, and boats. 


By order of the court, 


East India Dock House; 
July 11, 1828. 


JOHN FARRAN, 

Secretary. 


TERMS AND CONDITIONS FOR THE USE OF KENTLEDGE. 

The Court of Directors of the East India Dock Company having provided Kentledge 
to ballast ships that are unloading, to prevent any delay in the delivery, and the 
expense of taking on board and discharging shingle ballast, it is resolved, 

That commanders, owners or their agents, requiring kentledge, should signify the 
same, by an application to the dock-master, specifying the quantity, and their con¬ 
formity to the following conditions : 

That they pay one shilling per ton per week for the use of the kentledge. 

That they pay for putting the same on board; and for transporting it into the inner 
dock, and for landing it on the wharf, when they no longer require the use of it. 

The risk of removal to be the ship’s; and any deficiency of delivery to be paid for 
at the rate of six pounds per ton. 


East India Dock House ; 
July 11, 1828. 


JOHN FARRAN, 
Secretary. 



130 PORTS AND HARBOURS OF ENGLAND, &e. 


TABLE OF RATES ON SHIPS. 

Ships receiving and unloading under 800 tons, and for the use of the docks 
twenty-eight days from the date of the final discharge, per register 

ton..... 

If the twenty-eight days be exceeded, per ton per week. 

*** This is also the rate for light ships laying up in the 
docks. 


s. d. 


1 6 
0 1 


Ships loaded outwards by the Dock Company, per register ton:— 


Packages not exceeding 2 tons.. 2 0 

-■ exceeding 2 tons and up to 10 tons, additional . .... 3 0 


*** Packages exceeding 10 tons the company decline 
landing, except by special agreement. 


Ships loaded by their owners, only for the use and accommodation of the 

dock, per register ton. 1 0 

Dock rent, if the twenty-eight days be exceeded, per register ton per week. 0 1 

Coasters or other vessels loading from the import warehouses, per ton on the 
gross weight they take on board (to be allowed one week for the 

purpose). 0 6 

Rent, if exceeding one week, per ton per week... 0 1 


Mem. —These docks receive no other than ships in the East India trade, or coasters 
to load from the warehouses. 


East India Dock House; 
October 26, 1827. 


JOHN FARRAN, 
Secretary. 


TABLE OF CHARGES FOR MASTING OR DISMASTING AT THE 
MAST-BUILDING. 

Main-mast. Fore-mast. Mizen-mast. Bowsprit. 



£ 

s. 

d. 

£ 

s. 

d. 

£ 

s. 

d. 

£ 

s. 

d. 

For ships of 1000 to 1500 tons 

..10 

0 

0 

... 9 

0 

0 

... 4 

0 

0 .. 

5 

0 

0 

800 to 1000 — , 

.. 7 

10 

0 

... 7 

0 

0 

... 3 

10 

0 .. 

4 

0 

0 

650 to 800 

.. 5 

0 

0 

... 4 

10 

0 

... 2 

10 

0 .. 

2 

10 

0 

- 500 to 650 — 

.. 4 

0 

0 

... 3 

10 

0 

... 2 

0 

0 .. 

2 

0 

0 

- 300 to 500 — 

.. 3 

10 

0 

...3 

0 

0 

... 1 

15 

0 .. 

1 

15 

0 

-under 300 — 

.. 2 

10 

0 

... 2 

5 

0 

... 1 

10 

0 .. 

1 

10 

0 


FOR PUTTING ON OR TAKING OFF TOPS. 

Main. Fore . 

£ s. d. £ s. d. 

For ships of 1000 to 1500 tons. 1 0 0. 1 0 0 

- 800 to 1000 —. 0 16 0 0 16 0 

- 500 to 800 —. 0 12 6 0 12 6 

-under 500 —.in proportion. 

The prices of the above tables are for each operation, which includes the use of 
masting-fall and slings. 

N.B.—Owners of ships may purchase not less than half a fall, at 15 per cent, under 
the ready money cost price. 


Mizon. 
£ s. d. 
0 12 6 
0 10 0 
0 8 0 


May 1, 1828. 
































SAINT KATHARINES DOCKS. 


121 


Saint Katharine’s Docks. 

These docks were instituted by virtue of an act of parliament, passed 
in 1825 ; viz. 

6 Geo. IV. c. 105. (local.) 

“AnAct for making and constructing certain wet docks, warehouses, 
and other works, in the parish of Saint Botolph Without Aldgate, and 
in the parish or precinct of Saint Katharine , near the Tower of London, 
in the county of Middlesex .” 

The act commences by stating that it is expedient that the accommo¬ 
dation of the port of Londoji should be improved by the construction of 
additional wet docks, with proper cuts, sluices, locks, inlets, and outlets, 
for the reception and discharge of ships laden with merchandize; and 
that additional wharfs, quays, vaults, warehouses, and other places of 
secure deposit, should be constructed for the landing, housing, bonding, 
and shipping of goods, wares, and merchandize ; and that it is desirable 
that such docks, &c. should be situated as near as may be to the city 
of London, and established on the principle of free competition in 
trade, and without any exclusive privilege or immunities, but under 
proper regulations for the secure deposit and warehousing of merchan¬ 
dize, and for the protection and convenient collection of the revenue; 
and the several persons therein named, and any others that shall be¬ 
come proprietors thereof, are incorporated as a joint stock company, 
to be known by and use the name or style of “ The Saint Katharine 
Dock Company.” § 1. And besides their power of making the same, 
they have power to scour and cleanse them, and to take up and 
remove wrecks of ships or vessels that may be sunk therein, lighters, 
wood, timber, anchors, &c.; and if their respective owners shall refuse 
or neglect to pay the costs and charges of removing the same for the 
space of fourteen days after demand thereof, the same may be assessed 
by any justice of the peace for the county of Middlesex, and recovered 
as other penalties by this act. § 90. 

As this act is an extremely long one , only such matters will be noticed 
as relate to the shipping and mercantile interest ; and as many of the 
clauses are the same as corresponding ones in the London Dock Act , 
the subject of them will be given , and reference made to the clauses in 
that act; but where any material difference prevails , the nature of it 
will be stated. 

See London 
Dock Act, 
Section 

New docks part of the port of London. § 92. 113. 

Quays and wharfs to be legal quays. § 94. 112. 

Goods subject to the same regulations and tolls as at the 
legal quays. § 93. 

Directors may make rules for the admission of ships, 8fc. i 
and the unshipping, Sfc. and lading and warehousing, Sfc. > 120. 
and loading of goods, 8fc. § 95. j 

Dock-masters to direct the mooring and unmooring of \ 
vessels ; persons not obeying them and obstructing the mooring , > 125. 

$c, to forfeit Jive pounds in either case. § 97 and 98. J 



122 PORTS AND HARBOURS OF ENGLAND, &c. 


See London 
Dock Act, 
Section 


direct dismantling , 


Sfc. of vessels in the} 


129. 


126. 


127. 


ill. 


12S. 


130. 

133. 


134, 136 


Dock-master to 

docks. § 99. j 

Vessels not to lie within 100 yards of the entrance to the 
dock, except coming in or going out; but vessels may lie along¬ 
side any wharf within 100 yards to load or discharge. § 100. 

For keeping entrances clear. § 101. 

The penalty is five pounds, and twenty shillings for 
every hour. 

Regulating the mooring of vessels at the buoys of the com-\ 
pany. § 102. J 

Vessels not to land goods at other places than quays and) 
landing places. J 

Penalty of five pounds, and the forfeiture of the goods. § 103. 

Vessels not to enter under sail. § 104. 

Vessels to unload in the docks as soon as may be. —In case 
of unnecessary delay, the dock-master may send persons on 
board to deliver the cargo; the expences to be paid by the 
owner of the ship. § 105. 

Light vessels may be ordered out and removed. § 105. 

Removing combustibles. § 106. 

Penalty forty shillings, and the notice to be in writing. 

No combustible matter to be melted on board any 
within the docks , nor gunpowder or loaded gun brought in. > 

§ 107. ' J 

Penalty in either case five pounds. 

Note. —The words in the London Dock Act are loaded 
fire-arms of every description whatever , in tjiis act 
the words are loaded gun, so that pistols are exempted. 

Fire , candle, or lamps, lighted , not allowed. § 108. 137. 

Penalty five pounds; but no penalty on refusing to put 
candles, &c. out. 

Throwmg ballast, fyc. into the docks. § 109. 93. 

Penalty forty shillings, but no further sum. 

Penalty against destroying ropes of vessels. § 111. 142. 

Rates on ships. —The company may take and receive for 
every ship or vessel entering into the said docks, &c. or for 
lying therein, or for departing therefrom, such reasonable rate 
or sum for every ton, according to the register of such ship, 
as shall not exceed the rates or sums then usually paid in the 
port of London , for or in respect of any ship entering into, 
lying in, or departing from any dock in the port of London 
surrounded with walls. § 112. 

Rates, exemptions from. § 116. 108. 

Rates on goods. —The company to take reasonable rates, not] 
exceeding the rates then usually paid in the port of London. > 106. 
§113. I 

Recovery of rates on ships. §114. 102. 

The term of five days is extended to fourteen. 

Evading payments of rates. §115. 103. 

Recovery of rates on goods. § 117. 107. 

If of a perishable nature, before the expiration of two 
months; if not, in twelve months. 



SAINT KATHARINE’S DOCKS. 


123 


See London 
Dock Act, 
Section 


Breaking lamps , fyc. § 118. 

Preventing dock officers, Sfc. from going on board vessels. 

Ascertaining the tonnage of ships. § 123. 

Power to measure ships and vessels. § 124. 

Surveyor of company to examine goods on board. § 125. 

Manifest , regulations for delivering copy of § 126. 

The mention of the ship’s report omitted. 

On neglect to enter goods in seven days after the ship’s re¬ 
port, they may be entered and landed by the company. 

And retained as a security for the duties, the rates and 
charges, and freight; but no power given to dispose 
of them. §127. 

The master or mate to be on board while cargo landing.' 
Penalty five pounds. § 128. 

Penalty for damage done to the quays, Sfc. —And whereas 
damage may frequently be done to the piers, quays, and other 
works belonging to the said docks and basins, by ships and 
other vessels navigating therein, owing to the wilfulness or 
negligence of the masters or other persons having or taking 
the command or the care, or charge of such ships, and 
although it is reasonable that such damage should be com¬ 
pensated, such compensation is frequently refused to be made; 
therefore every master, mate, pilot, or other person having the 
command, care, or charge of any ship, lighter, &c. by whose 
wilful neglect or mismanagement thereof any damage shall 
be done or happen to any of the piers, &c. belonging to the 
said company, shall pay for or make good all such damage; 
and in case the amount claimed shall not exceed the sum of 
twenty pounds, all such damage shall be recoverable before 
any two justices of the peace for the county of Middlesex. If 
the sum awarded be not paid in seven days the ship may be dis¬ 
trained, and if the money cannot be raised the master, &c. may 
be imprisoned for any time not exceeding six months. § 129. 

Obstructing execution of the act. Penalty five pounds. § 130. 

Goods landed in the docks to remain subject to freight .— 
That all goods which shall be landed in the said docks, and 
lodged in the custody of the said dock company, shall continue 
liable to the same claim for freight in favour of the master 
and owner of the respective ships, or of any other person or 
persons interested in the freight of the same, as such goods 
respectively were liable to whilst the same were on board such 
ships and before the landing thereof; and the directors of the 
said company, &c. upon due notice in that behalf given to 
them by such master or owners, or other person as aforesaid, 
may detain such goods in the warehouses of the said company 
until the respective freights to which the same shall be liable 
shall be duly paid, together with the rates and charges to 
which the same shall have become subject and liable, or until 
a deposit shall have been made by the owner or consignee of 
such goods, equal in amount to the claim or demand made by 
the master or owner of the respective ships, or other person or 
persons as aforesaid, for or on account of freight upon such 


124. 

138. 

104. 

105. 
144. 
109. 


114. 


118. 


124 PORTS AND HARBOURS OF ENGLAND, &c. 

See Lon'lon 
Dock Act, 

Section 


goods ; which deposit the directors of the dock company, &c. 
are hereby authorized and directed to receive and hold in 
trust, until the claim or demand for freight upon such goods 
shall have been satisfied; upon proof of which, and demand 
made by the person or persons entitled thereto, or by their 
executors, administrators, or assigns, and the rates and 
charges due upon such goods being first paid, the said deposit 
shall be returned to him or them by the said directors, or 
their agents in that behalf, with whom the said deposit shall 
have been made as aforesaid. § 131. 

Holidays. § 134. 

No fees to be taken by the company's officers. 

Penalty five pounds. § 135. 

Extended to revenue officers. 

Recovery of penalties. § 160. 

Wicket-keeper's duty. § 138. 

See East India Act, page 110. 

Regulating the time the gates and doors of the warehouses 
are to be opened and shut. 

From the 25th of March, 1 feight in the morning 

to the >from< till 

29th of September, J (four in the afternoon, 

and 

From the 30th of September,'! fnine in the morning 
to the >from<J till 

24th of March, J (four in the afternoon. 

Power of the company to enter goods, if not entered by the) 
owners or consignees in twenty-four hours after the ship's j 
report. 

Such entry to be made agreeably to the contents of the 
report, such goods being allowed to be warehoused, 
(see 6 Geo. IV. c. 107. § 53. Part II. Regulation 
Act,) and the company may land and warehouse the 
same, and retain them as a security for the duties, and 
the rates and freight due thereon. 10 Geo. IV. c. 1. 

§ 10 . 

Such goods not liable to seizure by reason of any in-\ 
accuracy. 10 Geo. IV. c. 1. §11. j 

Goods to be detained till production of bills of lading, or 
notice in writing. —The company upon notice in writing from 
the master or owner of any vessel, to the superintendent of 
the docks, may detain any goods so entered till the person 
applying for the delivery or transfer thereof shall have lodged 
with the company a counterpart of the bill of lading, which 
shall have been signed at the port of lading ; but not to affect 
the sale of goods for payment of rates by the 6 Geo. IV. c. 
105. 10 Geo. IV. c. 1. § 11. 

Company empowered to prevent part of a cargo being 
landed till entered at the custom-house. 10 Geo. IV. c. i. 
§ 12 . 

This clause verbatim as that in the West India Docks, 
page 99. 


110 . 

143. 

146. 


05 

050 


6 

> 


6 

<u 

O 

o 


116. 


116. 






SAINT KATHARINE’S DOCKS. 


125 

See London 
Dock Act, 
Section 

Goods of a dangerous nature. 10 Geo. IV. c. 1. § 13. 132. 

Notice to be in writing 1 . 

Goods landed in the docks, and lodged in the custody of\ 
the East India Company, to remain liable to claim for\ 119. 
freight. 10 Geo. IV. c. 1. § 16 and 17. j 

Notice to be given to the East India Company, or Dock 
Company. 

Officers of the company to be competent witnesses, § 19. 

Justices may proceed by summons for recovery of penalties, 

§ 20 . 

Damages and charges to be settled by justices, § 21. 


INFORMATION RELATING TO SHIPPING. 


Tlie lock is 180 feet in length between the gates, and 45 feet in width. The depth 
of water at the top of the tide on the sills of the entrance-lock-gates, spring tides, is 
28 feet,—neap tides 24 feet, Trinity datum. 

A berth has been excavated between the principal dock-buoy and mooring-crafty 
where vessels drawing about 18 feet water may wait for orders. 

Vessels may be docked or undocked during the day and night, at almost all periods 
of the tide. By the improved construction of the lock, a vessel may in a few minutes 
be raised 12 feet in the lock to a level with the water in the basin, an arrangement 
which affords great and exclusive facility, security, and despatch, to shipping frequent' 
ing the St. Katharine Docks. 

The following table exhibits a scale of the rise and fall of tides, and represents the 
depth of water upon the sills of the lock-gates at the entrance, during the flood and 
ebb tides therein referred to:— 


TABLE, 

Showing the Rise and Fall of the Tides, off Sr. Katharine Docks, with the Depths of 
Water on the Sills of the Outward Lock-Gates during Spring and Neap Tides. 

Trinity Datum. 


Spring Tides. 


1 hour after flood . 

DEPTH. 

Ft. In. 

16 — 

1 hour after high water .. 

DEPTH. 

Ft. In. 
24 6 

*2d do. do. 

21 2 

2d do. dn IT 

20 10 
18 2 
15 7 
13 2 

3d do. do. 

24 — 

3d do. do T . , 

4th do. do. 

26 6 

4th do. do.. 

5th do. and at \ 

28 — 

5th do. do.. . 

high water... J 

6th do. do. 

11 3 



At low water about. 

10 — 


* The spring tides frequently lift 9 feet during the first hour flood. 

























126 POUTS AND HARBOURS OF ENGLAND, &c. 


Neap Tides. 



DEPTH. 

Ft. In. 


DEPTH. 

Ft. In. 

1 hour after flood . 

13 6 

1 hour after high water .. 

21 11 

9d fir*. dn .... 

16 10 

2d do. do. 

18 — 

3d do. do. 

20 3 

3d do. do. 

16 2 

4th dn. do. 

22 7 

4th do. do. 

15 6 

5th do. and at 1 

24 — 

5th do. do. 

14 — 

high water... j 

6th do. do. 

12 10 


At low water about. 

11 — 


The rise and fall of tides are subject, in a great degree, to the influence of winds 
and weather : upon very lofty springs, upwards of 30 feet depth of water has existed 
at the entrance to the lock. The stream generally runs up from 25 to 40 minutes after 
the flood-tide has made its mark. 


PRINCIPAL REGULATIONS.—SHIPPING. 

Steam boats will be furnished by the dock company, in certain cases, to vessels 
(not laden with corn or timber) proceeding to these docks, arriving from America, 
the West India Islands, the Cape of Good Hope, and all ports to the eastward 
thereof, upon application to the secretary, the superintendent, or the agent of the 
company. 

Upon the entrance into the docks of a vessel or craft with goods to land, a copy of 
the manifest, or lighter-note of the goods, foreign, must be lodged at the manifest- 
office, within twelve hours from entering the dock. 

“'No person will be allowed to be employed in the unloading or loading of vessels 
within the docks except the crews thereof, and the servants of the dock company ; or 
in any work and labour to be performed within the dock premises, whether on board 
or on shore, (stowers on board of ships loading outwards excepted,) without permission 
in writing from the superintendent. 

The dock company will not be responsible for any loss or injury sustained whilst 
goods are on board a vessel or craft,—or in the breaking out or slinging of the same 
on board, unless the whole of the work performed shall be executed by their servants; 
nor will the company be responsible in any case for goods received into a ship, by 
lighter, or discharged from on board a ship into lighter. 

Goods landed in the St. Katharine Docks, and lodged in the custody of the dock 
company, may be detained for freight, upon due notice, and prior to the issue of dock- 
warrants. Notice to stop such goods until the freight has been paid, or deposit made, 
may be lodged at the manifest-office, or at the cargo-ledger-office, in the long room, 
dock-house. 

Application for a survey upon goods, whilst on ship board, must be made to the 
warehouse-keeper, or wharfinger; for which survey a charge of five shillings will be 
made, under the authority of the 125th section of the 6 Geo. IV. c. 105. 

Freight books will be supplied to ship-owners or brokers, on application at the 
manifest-office. 

A ship’s book inwards is deposited in the long room in the dock-house, for the in¬ 
spection of the public ; in which are alphabetically arranged the names of the vessels 
inwards, also showing the names of their masters,—the place from whence,—where 
stationed,—and whether discharging, or discharged. Also a ship’s book outwards , 
containing the particulars of ships loading outwards. 

Lists of vessels in dock and where stationed are lodged for general information with 
the gate-keepers at the several land entrances; and also in the dock-master’s office, 
pier head. 


















SAINT KATHARINE’S DOCKS. 127 

Lights and fires are only allowed on board ships or craft in the docks, during the 
under-mentioned hours and at the periods stated:— 

From 22d September to 20th March inclusive .. ^to°4*o'clock!?M^* 

From 21st March to 21st September inclusive .. o’dockP M^' 

The dock-master has authority to grant permission for fires in cabouses, or in the 
forecastle, if no cabouse on deck, until 6 o’clock in the evening, from Lady-day to 
Michaelmas (inclusive) and until 5 o’clock in the evening from Michaelmas to Lady- 
day ; as also to use candles in lanterns, and coal-fires in cabins until 8 o'clock during 
the whole year; such permission to be subject to revocation, if circumstances shall 
render it necessary. 

The wicket-gate at the principal entrance in East Smithfield will be open, for foot 
passengers, during the hours and periods specified below, viz.:— 

FROM 

« (21st March to 21st May, open at 6 o’clock, A.M. shut at 7 o’clock, P.M. 

:-•! ) 22d May „ 21st Aug. „ 6 „ 8 „ 

<!-§ )22d Aug. „ 21st Sept. „ 6 „ 7 „ 

•S l22d Sept. „ 20th March, „ 7 „ 6 „ 

Ships loading outwards are permitted to take in goods from the quays, cleared by 
the searchers, until dark. 

Visitors on Sundays, or public holidays, admitted only under special circumstances. 

In case of illness or accident, permission may be obtained from the superintendent 
for admission, or egress, after the wicket-gate has been closed for the night. 

A crane, capable of raising thirty tons, peculiarly adapted for the landing of marble, 
and the shipping of steam engines, or other heavy machinery, has been erected on the 
quay of the basin. 

Ship-owners and others desiring general knowledge of the detailed regulations re¬ 
lating to shipping in these docks, will please to apply to the superintendent or the 
dock-master for a copy thereof. 


JOHN HALL, 

Secretary. 


December, 1831, 


Table of Tonnage-Rates chargeable on Vessels entering the St. Katharine 

Company , from 

Subject to such revision, from time 


VESSELS INWARDS. 


On Vessels laden, arriving 
from 


First Class —Any port of the 
United Kingdom, Isle oi 
Man, Jersey, Guernsey, 
Alderney, Sark, or other 
European ports outside 
the Baltic, between the 
North Cape and Ushant. 


Second Class .— Any other 
port. 


Per Ton 
Register. 


s. d. 1 


0 6 


0 9 


PRIVILEGE. 


Vessels whose Cargoes are discharged 
by the Dock Company. 

Use of the docks to vessels arriving from 
Hambro’ or from any port in the Mediter¬ 
ranean for six weeks — -from, the date of 
entrance —if arriving from any other port 
four weeks, from the date of final dis¬ 
charge, with liberty to load outwards, 
for any port or place, and to quit the Docks 
for repairs, and re-enter,—the period of 
absence from Dock for such purposes not 
to affect the privilege. • , 

Vessels whose Cargoes are discharged] 
by their crews. i 

The like privilege,—but to commence from| 

the DATE of ENTRANCE. 


Rent, in each case after the expiration of the Privilege, per week.... 
For partial remissions and exemptions on Vessels partly laden or 
arriving from Spain or Portugal, Wool or Cork laden, or Vessels 
with Corn, see annexed Table. 

Rates for discharging Cargoes by the Company. 
Cargoes, consisting in the whole or in part, of Sugar in hogsheads or 

tierces including Ship-cooperage... 

Cargoes, consisting of Sugar in chests of five cwt. and upwards, in¬ 
cluding Ship-cooperage. 

Cargoes, consisting of Sugar, in bags, mats, or chests, under five cwt. 
or other Goods, (not being Hemp, Tallow , Ashes , Wood-Goods, Corn, 
Pitch, Tar, Hay or StrawJ contained in casks, bales, serons, chests, 
cases, bags, baskets, or similar packages: also, Spelter, or Metal in 

pigs, bars, rods, plates, &c.. 

Cargoes, consisting of Hemp only, or Merchandise in bulk, wholly or in 

part. 

Cargoes, consisting of Tallow only... 

s. d. 

(Hemp.., . 1 3 

Mixed Cargoes of < Tallow. 0 6 

[ Ashes. «... 0 6 

Blue Gum Wood or large Timber, additional for every load 

delivered... 0 6 

No charge upon excess landed beyond a Ship’s Register 
Tonnage. 

Oil, additional for every tun delivered into craft....... .tun 0 6 


VESSELS OUTWARDS, 

Entering the Docks without Cargoes. 


Loading from any port enu-'v 
merated in the Import \ 

Table in first. Class. J 

Do. do. second do... 
Vessels loading in part on 
quantity taken on board 
according to their Port of 
destination as above clas¬ 
sified . 


Per Ton 
Register. 


d. 

6 


0 9 


as above 


PRIVILEGE 


Per Ton 

Register. 


s. d. 
0 1 


1 9 
1 3 

0 9 

1 0 
0 6 


Per Ton of 
Goods, Charge 
in no case to 
exceed the Re¬ 
gister Tonnage 
of the Vessel. 


Use of Dock to load four 
weeks from date of en¬ 
trance . 

Use of Dock to load, one 
week from entrance .. 


Rent after ex¬ 
piration of the 
privilege One 
Penny per Ton 
Register per 
Week. 


128 













































Docks, and also of the Rates for discharging Cargoes landed by the 

1 6th Julyj 1832. 

to time, as shall be found expedient. 


TABLE 

Of Special Regulations , Remissions and Exemptions , and Miscellaneous Charges ap¬ 
plicable to Vessels Inwards , not being fully Laden , or Laden with the Articles 
enumerated , or entering the Docks light , 8fc. 


No Tonnage-Rate will be charged on Vessels wholly Corn-laden whose Cargoes 
shall be landed in the Docks, but a charge will, in such case, be made for 
Docking and Undocking, as under : 

£. s. d.' 


Vessels of 100 tons and upwards... 110 

Vessels under 100 tons. 0 10 6 


with liberty to remain in Dock without further charge for twenty-four hours 
after final landing. Rent, after expiration of that period, one penny per ton 
register per week. Should the vessel load outwards, the usual Tonnage-Rates, 
according to the Port of destination, will be charged, instead of the Rate for 
Docking and Undocking. The Dock Company reserve the power of refusing 
the admission of Ships laden entirely with Corn. 

Other vessels, not being fully laden at the time of entering the Docks, will be charged 
Tonnage-Rate only, on the proportion of Cargo brought in; the amount of 
Rate to be determined by the Port from whence the Vessel has arrived ; and if 
discharged by the Company, Rates for unloading in addition, according to the 
description of the Cargo, and quantity so discharged. Rent, after one week, 
one penny per ton register per v/eek. 

Vessels laden with Cork or Wool from Spain or Portugal, will be charged only Six¬ 
pence per ton register. Rent, after three weeks, one penny per ton register per 
week. 

Light Vessels entering the Dock to lie up, will be charged for any period £. s. d. 
not exceeding four weeks per ton register. 0 0 6 

Rent per week, after the expiration of the four weeks, on the Register 

Tonnage ...per ton 0 0 1 

Vessels two-thirds laden with Corn, will be charged Tonnage-Rate only, on the pro¬ 
portion which the other part of the Cargo bears to the Register Tonnage. 

Vessels chiefly laden with Wood Goods, Pitch, Tar, Hay, Straw, or intending to 
discharge the whole of their Cargoes into Lighters, will only be permitted to 
enter or depart the Docks, subject to such terms as shall be first mutually 
agreed upon between the Owners and the Dock Company. 


MISCELLANEOUS CHARGES. 

For labourers hired of the Company, to work on board, and who shall be under 
the directions and responsibility of Captains or Owners of Vessels, both or 
either, (which rule applies to all over-board deliveries,) a charge will be 

made for each man per day, of..... 

Thames Water supplied to Vessels by the Company, per tun. 

For an Abstract of a Ship’s Cargo inwards and weights thereof, for the purpose 
of making up Freight Accounts, the following charge will be made:— 


s. d. 

3 6 

1 0 


s. d. 


If the Goods have 10 marks, or under ... 2 0 

11 marks to 20 marks. 3 6 

21 marks and upwards. 0 2 each mark or parcel. 


(By Order of the Board.) JOHN HALL, 

Secretary. 


K 


129 





















130 PORTS AND HARBOURS OF ENGLAND, &e. 


COMMERCIAL DOCKS. 

A BSTRA CTof an A CT for maintaining and improving the. Docks and 
Warehouses, called the Commercial Docks, and for making and 
maintaining other Docks and Warehouses to communicate therewith , 
in the parish of St. Mary Rolherhithe, in the county of Surrey .— 
50 Geo. III. c. 207. (local.) 

For the improvement and increase of accommodation of the port of 
London, and facilitating the discharge of ships and vessels laden with 
timber, wood, and other merchandise, hereinafter mentioned, and 
securing such cargoes of timber and wood from loss and pillage, and 
removing the interruption occasioned to the navigation of the river 
Thames, and the port of London, by reason of the want of sufficient 
accommodation for timber, out of the said river, it shall be lawful for 
the company of proprietors, to extend and improve their present docks 
and works, and make such other basins, docks, ponds, and entrances, 
and quays and wharfs adjoining thereto, as may be necessary and con¬ 
venient for the receiving and discharging, and lading, of such ships and 
vessels. § 2. 

All ships and vessels laden or to be laden with timber or wood only, 
or with timber or wood being the principal part of the cargo, although 
the remainder of such cargo should consist of hemp, flax, pitch, tar, 
tallow, or fish, or ships laden with fish, oil, blubber, and whale-fins, or 
any other goods, wares, and merchandises, usually delivered afloat by 
the river sufferance , may enter into the said docks and basins, and there 
discharge or load the whole or part only of any such cargoes ; and any 
ships so having discharged in the said docks, may load the whole, or 
part only, of the cargoes of any such ships on any outward voyage; 
any thing contained in any law or custom to the contrary notwith¬ 
standing : Provided that nothing in this act shall be construed to extend 
to make any of the said docks or wharfs under this act legal quays, or 
to empower the said company to land or load any such goods without 
the sufferance of the commissioners of customs granted for that purpose : 
Provided also, that nothing in this act shall be construed to extend, to 
compel any ships to enter into the said docks or ponds, or any of them. 
§3. 

The duty of dock-masters. —The directors are authorized and re¬ 
quired to nominate and appoint a proper person to be dock-master, 
which dock-master shall have full power and authority to direct the 
mooring, unmooring, moving, and removing of all ships and vessels, 
lighters and craft, entering into, lying, or being in the said docks, 
either as to the time and manner of their entrance into, lying in, or 
going out of the same, and their position, loading and discharging 
therein, and the time of opening or shutting the several gates thereof ; 
and in case the owner, master, pilot, or other person, having the care of 
any ship, shall refuse or neglect to moor, unmoor, move, or remove the 
same to such direction, within two hours after notice to him or them 
given in writing, or left with some person on board the said ship for 
that purpose, the said dock-master is hereby required to moor, unmoor, 
move, or remove such ship, and the charges and expenses thereof re¬ 
spectively shall be repaid, together with the sum of ten pounds for each 
offence, by the master or owner of such ship, and may be recovered of 
the owner of such ship, in case of non-payment thereof on demand, by 


COMMERCIAL DOCKS. 131 

&uch ways and means as penalties and forfeitures are by this act to be 
recovered; and in case any such master or other person shall obstruct 
or hinder the mooring 1 , &c. of any ship, such person shall forfeit the 
sum of ten pounds. § 70. 

Ships lying at the entrances. —No ship shall be moored or anchored 
within the distance of one hundred yards of the entrance of the docks, 
so that at all times the entrance may be kept clear, and without obstruc¬ 
tion ; and over this space the dock-master shall have control, so far as 
relates to the transporting ships coming in or going out of the dock : 
Provided always, that nothing in this act contained shall extend to pro¬ 
hibit any ship lying at or alongside any adjoining wharf in such manner 
as by law before the passing of this act such ship might have done. 
§ 71. 

Obstructing entrance. —And for the better preserving a clear passage 
from the river Thames into and out of the said docks for all ships, 
vessels, lighters, barges, and boats of every description, no ship, &c. or 
boat of any description whatsoever, shall be moored or anchored across, 
in, or any way obstruct any of the entrances or passages into or from any 
of the said docks, basins, or cuts, except only such ships, &c. and boats 
as shall have come out of, or are intended to go into, the said docks, 
under the penalty of any sum not exceeding^re pourds for every such 
offence. § 72. 

Cutting ropes. —In case any person shall wilfully or maliciously cut, 
break, or in any manner destroy, any rope or other thing, by which any 
ship lying in the said docks, &c. shall be moored or fastened, such per¬ 
son shall forfeit and pay a sum not exceedingj?i’e poimds. § 74. 

Fire and candle. —And for preventing accidents by fire in the 
said docks, no person shall have, keep, or cause to be had or kept, any 
fire, candle, or lamp, lighted on board any ship or other vessel within 
the same, at any time between the twenty-ninth day of September, and 
the twenty-fifth day of March, in every year, after the hour of seven in 
the evening, or before the hour of seven in the morning ; nor at. any time 
between the twenty-fifth day of March, and the twenty-ninth day of 
September, in every year, after the hour of eight in the evening, or 
before the hour of five in the morning, upon the pain of forfeiting a sum 
not exceeding Jive pounds. § 75. 

Heating pitch, fyc. —No pitch, tar, rosin, turpentine, oil, or other com¬ 
bustible matter, shall at any time hereafter be boiled or heated on 
board any ship or other vessel, lighter, craft, or boat, lying in the said 
docks, &c. nor in any place within the said docks, except in such place 
and in such manner as shall be appointed by the said directors for that 
purpose ; nor shall any gunpowder or loaded cannon whatever be 
brought into the said docks, or suffered to remain on board any ship or 
any other vessel, upon pain that every such master, or commander, or 
owner, of every ship or vessel, shall forfeit any sum not exceeding Jive 
pounds. § 76. 

Damage done to docks. —The master or owner of every ship, boat, 
barge, lighter, or other vessel, shall be answerable for any damage, 
spoil, or mischief, that shall be done by any ship, &c. or any of the 
boatmen, watermen, or others belonging to, employed in or about the 
same, unto the docks, basins, cuts, or unto any of the bridges, or by 
loading or unloading any ship, or by leaving open the gates or other¬ 
wise, or for any other trespass whatsoever, and the said master, &c. 
may be sued and prosecuted for the same in any court of record; and 
if a verdict shall be given against him, either on proof made or by de- 

k 2 


132 PORTS AND HARBOURS OF ENGLAND, &c. 

fault, or upon demurrer, the plaintiff in such case shall recover his 
damage, with full costs of suit; and in case the master or owner shall 
be compelled to pay any penalty, or to make satisfaction for any 
damage or trespass, by reason of any wilful act or default, committed by 
his servant, every such servant shall be liable to pay such penalty, or 
the money paid for any such damage or trespass, to such master or 
owner; and in case of non-payment thereof on demand, the same shall 
be recovered by such master or owner, in like manner as any penalty is 
hereinafter directed to be recovered. § 77. 

Recovery of fines. —All forfeitures, &c. by this act may be recovered 
within six months after the offence committed before any justice of the 
peace for the county of Surry , who may issue his warrant for the 
apprehension of the offender; and on nonpayment, the same shall be 
levied by distress, and for want of sufficient distress the justice may 
commit him to gaol for three months. One moiety of the fine to the 
person who shall sue, and the other to the company. § 84. 

Damage to works, fyc. —If* any person shall knowingly, wilfully, or 
maliciously demolish or destroy any of the works to be made by virtue 
of this act, or any ship or vessel lying in the said docks, every such 
offender, being convicted thereof, shall suffer punishment by fine, im¬ 
prisonment, or transportation, not exceeding seven years, at the 
discretion of the judge before whom such offender shall be tried and 
convicted. § 89. 

51 Geo. III. c. 66. (Public local.) 

Swivel bridges, opening them. —For amending and extending the 
powers of the preceding act, it is enacted, that the swivel bridges may 
be opened for the passage of vessels at any time between the hours of 
five and eight of the clock in the forenoon, and between six and eight 
of the afternoon from Lady-day to Michaelmas-day, yearly ; and 
between seven and nine in the forenoon, and four and five in the after¬ 
noon, from Michaelmas to Lady-day; but so that the same shall not 
remain open beyond the space of fifteen minutes at any one time, and 
so that immediately after the expiration of such fifteen minutes, the 
bridges be properly fastened and secured, and not again opened when 
any person shall be waiting to pass over the same, until after the expira¬ 
tion of ten minutes from the shutting thereof. § 23. 

Rates. —The former rates repealed, and the company may demand 
for the dockage of ships and for the receiving, warehousing, and storing 
of timber, wood, and other merchandize, any sum not exceeding the 
sums specified in the schedule marked B annexed to this act. § 31. 

Recovery of rates. —In case any owner or master of any ship charge¬ 
able with the dockage and other rates and charges allowed to be de¬ 
manded and taken by the act, shall refuse to pay the same, the 
directors, or such person as they shall appoint to be their collector, may 
go on board such ship to demand, collect, and receive the same, and 
on non-payment thereof, to take and distrain every such ship, and all 
her tackle, apparel, and furniture, or any part thereof, either on board 
or on shore, and the same to detain until they be satisfied and paid the 
said rates and charges: and in case of any neglect or delay in payment 
thereof, it shall be lawful for the directors, &c. to cause the same to be 
appraised by two sworn appraisers, or other sufficient persons, and 
afterwards to sell the said distress, and therewith to satisfy themselves, 
as well for the said rates and charges so neglected or delayed to be 
paid, as also for their reasonable charges in taking, keeping, ap- 


COMMERCIAL DOCKS. 


133 


praising, and selling such distress; rendering to the master the over¬ 
plus, if any, on demand ; and that if any owner, consignor, or consignee 
of any timber, goods, wares, or merchandise chargeable with any of the 
rates or charges mentioned in the schedule annexed to the act, shall 
neglect or refuse to pay the said rates and charges before such goods, 
wares, or merchandise shall be shipped or removed from the place 
where the same shall be landed, (as the case may be,) the directors, or 
their collectors, may detain the said timber, goods, wares, or mer¬ 
chandise till the rates and charges, together with the reasonable charges 
of keeping the same, shall be paid ; and in case such goods, wares, or 
merchandise shall happen to be removed before the rates and charges 
shall be fully paid, the directors, or their collectors, may take and dis¬ 
train any goods or chattels of the owner, consignor, or consignee 
respectively; and to detain and sell the same in manner before men¬ 
tioned; or the company may prosecute any action for recovery of the 
said duties. § 32. 

Evading 'payment of rates .—If any master, commander, or owner 
of any ship or vessel shall, at any time after the rates and charges by 
this act charged shall become payable, elude, or avoid the payment 
thereof, by any method whatsoever, such master, &c. shall stand charged 
with and be liable to the payment of the same ; and the same shall be 
recovered by the same method by which fines and penalties imposed by 
the former act are directed to be levied and recovered, or by any action 
at law. § 33. 

The powers, &c. of former act, extend and continue to this act. § 34. 

57 Geo. III. c. 62. (local.) 

Tonnage of ships , how ascertained. —The tonnage or admeasurement 
of all ships required to be registered by any act of parliament, and 
trading or coming to or departing from the port of London, and liable 
to any of the rates of tonnage by the foregoing acts, shall be ascertained 
according to the certified tonnage in the ship’s register, which the 
master is to produce at the time of paying such rates to the collector 
authorized to receive the same. And in case of any dispute in respect 
to any ship not required to be registered, or of any foreign ship, then 
the tonnage is to be ascertained according to the mode prescribed in the 
26 Geo. III. (now the 6 Geo. IV. c. 110.) § 17. See Part II. 
Chap. I. 

Collector to have access to registers at the Custom-house. —The 
collector appointed by the directors is to have at all proper and sea¬ 
sonable times at the Custom-house access to and inspection of the 
respective registers and papers of all ships resorting to the port of 
London on or after their entry or clearance at the Custom-house, with¬ 
out any fee or reward. § 18. 

Power to measure ships and vessels. —If the collector and the master 
of any foreign ship cannot agree about the tonnage of the same, the 
collector may at all reasonable times stop, enter, measure, and gauge 
the same. And in case the same shall appear to be of greater tonnage 
than shall have been set forth in the account that shall have been given 
thereof, then the master shall pay the charges for such measuring ; all 
which charges may be recovered by such ways and means as the said 
rates may be recovered ; but if the ship be found to be of the same or 
less tonnage, then the collector to pay the costs of measuring, and such 
further damages as shall appear to any justice for the county of Surry , 
on oath of any credible witness, to have arisen from such detention, to 


134 COMMERCIAL DOCKS. 

be levied by distress in the usual manner. And if any master of any 
ship shall obstruct or hinder any person so measuring the same, he shall 
forfeit any sum not exceeding twenty pounds , over and above the said 
rates. § 19. 

To prevent accidents by fire .—No person, from four in the evening 
or before seven in the morning, between the 29th ot September and 
the 26th of March, or after the hours of seven in the evening, or before 
five in the morning, between the 25th of March and the 30th of Sep¬ 
tember, in every year, to smoke any tobacco or any other material used 
for smoking either within the said docks or on board any ship within the 
said docks, under forfeiture of any sum not exceeding ten pounds , to be 
recovered and applied under the said recited acts. § 20. 

Powers of former acts extended to this act, which is to be deemed a 
public act. §§ 24 and 27. 


TABLE OF DOCK RATES ON SHIPS. 

Per regis- 

From the 1 August, 1832. ter ton. 

£. s. d. 

LOADED (with liberty to remain Four Weeks free of Rent). 0 0 9 

After Four Weeks, (if not discharged,) per week . 0 0 0£ 

After discharge of cargo, per week . 0 0 0^ 

Only partly laden, then for every Ton of Goods in the Ship, with liberty 

to remain Three Weeks. 0 0 9 

After Three Weeks, to pay per week . 0 0 0| 

After totally discharged, per week. 0 0 0§ 

--with Corn, Seed, or Flour, Free until unloaded. 

And then to pay, while light, per week . 0 0 0^ 

LIGHT, with liberty to remain Four Weeks. 0 0 4 

After Four Weeks, per week . 0 0 0^ 

Steam Vessels, (on Carpenter’s measurement,) with liberty to remain 

Four Weeks. 0 0 6 

After Four Weeks, per week... 0 0 1 

Docking each Light Ship... 10$. 6d. 

Undocking ditto ... 10 6 

Docking ditto under 100 Tons Measurement.... 5 3 

Undocking ditto ditto... 5 3 

Lighters, Ballastdaden, Docking. 10 6 

Rigged Vessels, of 100 tons and upwards, coming in to Load (except 

Corn, Flour, or Seed) for any other Port. 0 0 4 

Under 100 Tons, Free. 


On Ships discharged by the Company. 

Ships laden with Deals, Planks, Staves, and Wood in Billets, Hardwood 
or Pine, or Fir Timber —and 6d. per load additional on each load 


of Hardwood or Pine, or Fir Timber. 0 0 9 

■ laden with Tallow only. 0 0 6 


Small Craft to pass free. 

It is requested that early information be given at the Docks of such Ships as are 
to enter, and that the Masters and Pilots be not later than Half or Three Quarters 
Flood in presenting their Vessels at the Entrance Lock. 

One day’s notice in writing is required at the Docks previously to taking a Ship 
out, that the Dues may be paid on her Register Tonnage, and a Pass obtained. 


106 Fenckurch-strcct, where a Book of the Rates on Goods may be had gratis. 
























LONDON PORT OR DOCK DUES, 


ns; 


135 


39 Geo. III. c. 69. (local.) 


u An Act for rendering more commodious, and for better regulating, the port of 

London.” 

In consideration of the great accommodation and advantage which the several works 
and regulations will afford to the shipping and trade of the port, and in consideration 
of the great expenses which will be occasioned by the making canals, cuts, sluices, and 
other works, there shall be paid to his Majesty, his heirs, &c. for every ship or other 
vessel trading to, frequenting, or using the said port of London, the several rates or 
duties of tonnage which follow. § 134. 

See also 43 Geo. III. c. 124. § 3. 

TABLE OF THE LONDON PORT OR DOCK DUTIES. 

Vessels,— Foreign. 

For every ton burthen of every ship or vessel entering inwards or arriving in the port 
of London from, or clearing outwards, or departing from the said port for, the follow¬ 
ing countries or places ; viz. 


Antwerp .... 

Brabant. 

Bremen. 

Denmark .. 

Flanders, or any other part of 

the Netherlands. 

France, within Ushant. 

Germany, any part of bordering 
on, or near the Germanic 

Ocean . 

Guernsey, Jersey, Alderney, 

and Sark. 

Hamburgh. 

Holland, or any other of the 

United Provinces. 

Holstein .. . 

Ireland . 

Lapland, on this side the North 

Cape... 

Man, Isle op. 

Norway. 


s. d. 


> 0 21 


Baltic Sea, any country or place 

within . 

CoURLAND. 

Finland . 

Lapland, beyond the North Cape 

Livonia... 

Poland . 

Prussia.... 

Russia, within or without the 

Baltic Sea . 

Sweden . 


America, North, any of the 
British Colonies or Provinces in 
America, any of the United 

States of . 

Azores, any of the . 

Canary Islands, any of the .... 

Florida. 

France, between Ushant and 

Spain. 

Madeira Islands, any of the .. . 

Portugal... 

Spain, without the Mediterra¬ 
nean . 

Louisiana, per Treasury order , 
July 3, 1821. 


s. d. 


> 0 


Africa. 

America, South. 

China. 

East Indies. 

France, within the Mediterra¬ 
nean . 

Gibraltar.. 

Greenland. 

Mediterranean, or Adriatic 
Sea, any country , island, port, 
or place within, or bordering on, >0 7 

or near . 

Mexico. 

y 0 4 Pacific Ocean, any country, 

island, port, or place within, or 

bordering on, or near . 

Spain, within the Mediterranean 
West Indies. 

AND 

Any other country, island, port, or 
place to the southward of 25 de¬ 
grees of north latitude . 

V essels, — Coastwise. 

For every ton burthen of every ship or vessel trading coastwise between the 1 
port of London and any port or place in Great Britain, the Orkneys, Shet- > 
land, or the Western Islands of Scotland, for every voyage in and out. J 

EXEMPTIONS. 


0 2 


JSfl 


Any ship or vessel coming to or going coastwise from the port of London, or to any 
part of Great Britain, unless such ship shall exceed forty tons. 

Any vessel bringing corn coastwise, the principal part of whose cargo shall consist of 
corn. 

Any fishing smacks, lobster and oyster boats, or vessels for passengers. 

Any vessel or vessels or craft navigating the river Thames above and below London 
bridge, as far as Gravesend only ; and, 

Any ship or vessel entering inwards or outwards in ballast. § 4. 






















































136 PORTS AND HARBOURS OF ENGLAND, &e. 


1. England. 

2. Scotland. 

ENGLAND. 

[In the previous editions of the work such of the ports in the following list as were 
warehousing ports were so stated ; but as a complete list of the pouts, and the 
goods allowed to be warehoused at each port, will be found in Part II. 
Chap. VI., it is not deemed necessary to mention them here.] 

IPSWICH, the first in order after the port of the metropolis, ac¬ 
cording to the route we have adopted, is situated on the river Orwell, 
on the Suffolk coast. The tide rises here about twelve feet, but vessels 
of burthen do not come up to the town. It comprehends— 

Colchester, which is situated on the river Coin, navigable to Hythe, 
at which place is situate a custom-house establishment. Also — 

Harwich, now a principal harbour on the Essex coast, very spacious 
and safe for vessels of large size, and carrying on an extensive trade 
with Holland and Germany. 

YARMOUTH is a great seaport at the mouth of the river Yare, 
on the coast of Norfolk. Parallel to the coast of Yarmouth, off at 
sea is a large bank, between which and the shore is a deep channel, 
which is known by the appellation of “Yarmouth Roads.” The 
harbour itself will not admit vessels of very large burthen. The 
most beneficial commerce here is the fishery of mackerel and her¬ 
rings ; but it has not an inconsiderable traffic besides, as numerous 
rivers which communicate with the harbour produce a large internal 
demand for fish, coal, timber, iron, and other articles brought coast¬ 
wise, taking in return the corn and malt of Norfolk, and various 
kinds of manufactured articles. 

LYNN is also a port on the same coast, in the progress northward, 
and having a traffic of nearly a similar kind to that of Yarmouth. 
The harbour has not good anchorage, owing to the oozy bed of the 
river Ouse, on the eastern bank of which it is situate; but is other¬ 
wise deep and convenient. The spring tide here rises twenty feet, 
though some miles distant from the sea. 

BOSTON, on the Lincolnshire coast, is on the river Witham, at a 
considerable distance from the sea, and is capable of admitting small 
vessels only. It has a good trade in corn, the produce of the neigh¬ 
bouring fens, and wool, the growth of the other parts of this county, 
and imports a good deal of wine from Spain and Portugal, and timber 
from the north of Europe. 

HULL, or KINGSTON-UPON-HULL, on the coast of York¬ 
shire. The harbour here is artificial, but there are immense docks 
for the reception and building of ships. The grand dock is in length 
700 yards, and 22 feet deep, and will contain 130 sail of ships of 
300 tons burthen. A most extensive commerce, both foreign and 
domestic, is carried on here, in almost every article as well of export 




ENGLAND. 


137 


as import. Here is a Trinity-house, with a corporate body of merchants, 
having power to decide all disputes, and regulate all matters, relative 
to masters of ships and their crews. The Greenland fishery is 
supplied with more ships from Hull than from any other port of Eng¬ 
land, excepting that of the metropolis ; and exclusive of that, more than 
the whole kingdom together. Its dealings with the Baltic are particu¬ 
larly extensive, and with all other countries considerable. Sail-making 
is a great branch of business here; but the most extensive and lucra¬ 
tive manufacture of the place, perhaps, is that of expressing and 
refining oil from linseed, and afterwards preparing the residue for 
feeding cattle. The process is chiefly effected with mills, worked by 
wind ; but there are others set in motion by steam, horses, &c. Of 
its three subordinates, Grimsby , Bridlington , and Scarborough , it 
may be sufficient to observe, that the first mentioned of them, viz. 

Grimsby, is on the Lincolnshire coast, a very short disiance from 
Hull, at the mouth of the river Humber, and is rapidly rising into 
importance on account of its exemption from heavy dock dues, like those 
at Hull. The principal trade peculiar to it, is in coals and salt. 

Bridlington, the second mentioned, commonly known by the name 
of Burlington , is situated in a creek on the Yorkshire coast, near Flam- 
borough-head, and is a place of no inconsiderable trade. Its harbour 
is peculiarly safe and commodious.—Lastly, 

Scarborough is a Yorkshire seaport, upon the coast of the German 
ocean, with a good harbour and commodious quay. Ships of large size 
are built here, it drives a considerable trade, and is especially engaged 
in the fisheries, and in the coal trade between Newcastle and London. 
The pier is maintained by a small duty upon coals. 

NEWCASTLE is situate eight miles from the sea, but nevertheless 
the river on which it stands, the Tyne, admits vessels of 350 tons up 
to the quay, which is particularly excellent. Vessels of a larger dimen¬ 
sion remain below, at Shields. The trade here is multifarious and 
extensive, but the principal source of its wealth and extensive shipping 
is the coal trade. 

BERWICK, the northernmost port of England, on the Tweed, which 
divides England from Scotland. It trades chiefly in corn, salmon, 
linen and cotton goods, carpets, and felts. 

CARLISLE is indeed a seaport, but with little trade. It has been 
called the key of England on the west sea, as Berwick is on the east. 
Its subordinate, Whitehaven, has a good harbour, and has a good 
trade in salt and coal. 

CHESTER, situated on the river Dee, is of some consequence 
in the linen trade, as well as from being the port from which shipping 
is usually taken for Dublin. 

LIVERPOOL, situated on the eastern side of the river Mersey, 
on the coast of Lancashire; has a most commodious harbour, not 
inferior to any in the kingdom. It is also well provided with wet 
docks, with graving docks, and dry bocks. Some of these docks 
communicate, so that ships can pass from one to the other without 
going into the river. 



138 PORTS AND HARBOURS OF ENGLAND, &c. 

The depth op water varies here considerably; the spring tides 
having an average level of 8 feet 9 inches below the Old Dock sill at 
low-water; and only 1 foot 9 inches at neap tides. 

The Rock Channel at low-water of a tide of 21 feet, has only 1 foot 
6 inches of water on the Bar. When large ships loaded arrive at neap 
tides , they are compelled to remain in the river till the flow of the 
spring tides, as the dock-gates have not sufficient depth of water to re¬ 
ceive them'. 

The trade of Liverpool to Ireland, and, indeed, to every part of the 
world, is extensive, including the coasting trade to London, and the 
Greenland fishery. But the commerce with America forms the princi¬ 
pal feature of its business, that of the United States being almost entirely 
engrossed by it. As illustrative of this, it may here be mentioned, that 
the imports of cotton wool into Liverpool alone in the year 1825 
amounted to 386,800 bags, whilst the import into all the rest Oi 
Great Britain was only 26,000. 

LIVERPOOL DOCKS. 

The Docks are under the regulations of the 51 Geo. III. c. 143. 
amended by the 6 Geo. IV. c. 187. (local) of which the following is an 
abstract. 


DOCK LAWS AND REGULATIONS. 

Collector of the customs, &c. not to receive entry of any vessel until the 
dock and light duties are paid , penalty twenty pounds. 

Masters of vessels refusing to pay ditto, the cargo or tackle of their 
vessels may be seized, and sold to defray the same. 

Vessels unfit for service not to remain in the docks above two 
months. 

Persons wilfully damaging any vessel to forfeit five pounds. 

No ballast, &c. to be thrown into the docks, penalty two pounds. 

After ballast is discharged, to be carted away as the trustees of the 
docks shall appoint, penalty two pounds. 

Vessels not to come into the docks under sail, penalty five pounds. 

Any person wilfully and maliciously damaging the docks, &c. adjudged 
guilty of FELONY. 

Water-bailiff empowered to remove vessels lying in the river, penalty 
for obstructing him ten pounds. 

Persons firing cannon, &c. within the port, (’except signal gu?is of 
distress,) to forfeit for every offence ten pounds. 

Dockmasters to direct vessels coming in or going out of the docks ; 
any person obstructing them, penalty twenty pounds. 

--or water-bailiff have power to remove wrecks, &c., and 

to regulate vessels in the docks. 

Not removing goods after being discharged forty-eight hours, penalty 
for every hour five shillings. 

Marine stores , dealers in, not to follow their trades within forty yards 
of any dock, penalty five pounds. 

All the dock quays to be legal landing-places. 

Harbour-master empowered to remove vessels for the purpose of re¬ 
pairing or cleaning the docks, penalty for obstructing him ten 
pounds. The same with regard to wrecks, &c. 



ENGLAND. 139 

Giving false information of the draught of water of any vessel, penalty 
twenty pounds. 

Bringing vessels into the basins after signal is hoisted that the docks 
are full, penalty twenty pounds. 

Persons, by wilful neglect, damaging the quays, &c. to make the same 
good again. 

To open or shut any dock-gate, &c. without authority, penalty one 
hundred pounds. 

-a draw-bridge, &c. without authority, penalty 

twenty pounds. 

Combustible goods remaining on the quays without being watched, 
penalty five pounds. 

Fire or candle , having on board any vessel in the docks, penalty ten 
pounds. 

Wilfully cutting or unloosing the ropes of any vessel in the docks, 
penalty fifty pounds. 

Masters of vessels answerable for the acts of their servants. 

Vessels arriving in ballast and departing in ballast, without paying 
the dockage , to forfeit double the amount, and the master a penalty 
of twenty pounds. 

Persons evading payment of the dock duties, penalty twenty pounds. 

Steam-boats to be brought into the basins, &c. under certain regula¬ 
tions ; on non-compliance, penalty twenty pounds. 

No ballast, cargo , Sfc. to be thrown into any part of the port or docks % 
penalty ten pounds. 

-*-- coals, &c. not to be taken in or discharged without a safe¬ 
guard, penalty two pounds. 

---- on discharging, to be laid five feet from the quay, penalty 

two pounds. 

Lamps, breaking or destroying, penalty five pounds. 

Bribes, offering to dock officers, penalty twenty pounds. 

H eating pitch, &c. within five yards of, or on board of any ship, &c. 
and not extinguishing the fire, penalty two pounds. 

Gunpowder not to be on board ships in the docks, penalty five pounds. 

Vessels not to be made fast to the quay fenders, sheds, or chain posts, 
penalty two pounds. 

-not to be repaired without a safeguard, to prevent chips, &c. 

falling into the dock, penalty two pounds. 

-to have a shipkeeper on deck, two hours before and one hour 

after high water, penalty ten shillings. 

-• to have the yards a-peak, and anchors in within twenty-four 

hours, nor come into the docks with the yards squared, or jib-boom 

out, PENALTY tWO pounds. 

-not to be laid so near the dock-gates as to obstruct the en¬ 
trance, penalty for every tide five pounds. 

Masters, &c. leaving an anchor in the entrance of the docks without a 
buoy, penalty five pounds. 

---of vessels entering the graving docks refusing to strike the 

topgallant masts and yards, penalty five pounds. 

-of vessels not keeping the topgallant masts and yards struck 

when in the graving dock, penalty five pounds. 

Anchors, balks, &c. carting over the bridges, except upon wheel car¬ 
riages, penalty two pounds. 

Timber, masts, staves, &c. not to remain longer on the quays than 
forty-eight hours, penalty per hour five shillings; nor to be 











140 PORTS AND HARBOURS OF ENGLAND, &c. 

discharged into any of the docks, without the consent of the Dock 
Committee in writing, penalty ten pounds. 

N.B .—Every day, two hours before high water, a bell will be rung for one minute at 
each dock, when every shipkeeper is to make his appearance on the deck of his vessel, 
or incur the penalty of ten shillings. 


TABLE OF TONNAGE DUTIES OF SHIPS. 


Vessels arriving from between the Mull of Galloway and 
St. David’sHead, including the Isles of Man and Anglesey, 

per ton. 

- Between the Mull of Galloway and Duncan’s 

Bay-iiead, including the Orkney Isles and all the islands on 
the western coast of Scotland ; and between St. David’s 
H ead and the Land’s End, including the Scilly Islands 
and the east coast of Ireland, from Cape Clear to Malling 

Head, per ton. . 

- All parts of the east and southern coast of Great 

Britain between Duncan’s Bay-head and the Land’s End, 
including the islands of Shetland and all parts of the west 
coast of Ireland, from Cape Clear to Malling Head, in¬ 
cluding the islands on that coast, per ton.. 

- All parts of Europe to the northward of Cape 

Finisterre, and to the westward of the North Cape, and 
without the Cattegat and Baltic Sea, including the islands 
of Guernsey, &c. the Faro Isles, and Iceland, per ton . . 

-All parts within the Cattegat and Baltic, including 

the whole of Sweden, the White Sea, and all parts of the 
eastward of the North Cape, all parts in Europe to the 
southward of Cape Finisterre, without the Mediterranean, 
Newfoundland, Greenland, Davis’s Straits, Canaries, 

Western Islands, Madeira, and Azores, per ton. 

•-All parts on the east coast of North America, the^ 

West Indies, the east coast of South America, to the 
northward of Rio de la Plata, inclusive ; all parts of the 
west coast of Africa, and islands to the northward of the 
Cape of Good Hope, and all parts within the Mediterra¬ 
nean, including the Adriatic, the Black Sea, and Archi¬ 
pelago, the islands of St. Helena, Ascension, and the Cape 

de Verde, per ton. 

--All parts in South America to the southward of the) 

Rio de la Plata, in the Pacific Ocean, in Africa and 
Asia, to the eastward of the Cape of Good Hope, per ton . j 


.9. d. 
0 3 


^ 0 5 


0 7 


y i o 


L I 4 


2 0 


3 0 


Rates to be paid to the most distant port to which a vessel may trade. 

Vessels in ballast to pay a moiety of the rates. 

One arrival and, departure to be charged as one voyage. 

Refusing to make a true report of the vessel’s destination, penalty 
ten pounds. 

Twopence per month additional tonnage on vessels remaining in the 
docks beyond six months. 

No dock duties shall be paid on any goods exported from Liverpool 
to any port in the United Kingdom , or the islands of Guernsey , 
Jersey , Alderney, Sark , or Man. 

Entry upon export to be produced to the collector of the dock rates, 
and duplicates left with him, penalty two pounds 

















ENGLAND. 


141 


TABLE OF GRAVING DOCK RATES. 


1 


Vessels 

under 

50 Tons. 

50 and 
under 

100 Tons. 

For every 
progressive 
50 Tons. 



£ 

s. 

d. 

£ 

s. 

d. 

£ 

s. 

d. 

2 Tides, the tide 

n and next tide out. 

1 

16 

0 

2 

2 

0 

0 

6 

0 

3 ditto, including 

going in and coming out 

2 

2 

0 

2 

9 

0 

0 

7 

0 

4 ditto. 


2 

8 

0 

2 

16 

0 

0 

8 

0 

5 ditto. 


2 

14 

0 

3 

3 

0 

0 

9 

0 

6 ditto. 


3 

0 

0 

3 

10 

0 

0 

10 

0 

7 ditto. 


3 

6 

0 

3 

17 

0 

0 

11 

0 

8 ditto. 


3 

12 

0 

4 

4 

0 

0 

12 

0 

Above 8 and not 

exceeding 24 tides. 

6 

0 

0 

8 

0 

0 

1 

0 

0 

2 Neaps. 

t t t - * , t 

12 

0 

0 

16 

0 

0 

2 

0 

0 

3 ditto. 


18 

0 

0 

24 

0 

0 

3 

0 

0 

4 ditto. 


24 

0 

0 

32 

0 

0 

4 

0 

0 

5 ditto. 


30 

0 

0 

40 

0 

0 

5 

0 

0 

6 ditto. 


36 

0 

0 

48 

0 

0 

6 

0 

0 

7 ditto. 


42 

0 

0 

56 

0 

0 

7 

0 

0 

8 ditto. 


48 

0 

0 

64 

0 

0 

8 

0 

0 


TABLE OF THE RATE FOR THE FLOATING LIGHT. 

All vessels sailing to or from Liverpool to any port or place between Duncan’s! s. d. 
Bay-head and the Land’s End, on the west side of Britain, and between lo 0£ 

Mailing Head and Cape Clear, on the east side of Ireland, per ton.J 

All vessels sailing to or from Liverpool to any port or place between Duncan’s' 
Bay-head and the Land’s End, on the east and southern side of Great Bri¬ 
tain, and between Mauling Head and Cape Clear, on the west coast of 

Ireland, per ton. 

All vessels sailing to or from Liverpool, to any port or place not being within\ 
the United Kingdom of Great Britain and Ireland , or the adjacent islands to I n . 
the northward of the Cape of Good Hope, and the northward of Cape j 

Horn, per ton...J 

All vessels sailing to or from Liverpool, to any port or place to the eastward of\ n 0 
the Cape of Good Hope, and the westward of Cape Horn, per ton. J " 

N. B.—In the daytime, from sunrise to sunset, a blue flag, with the letters N. W. in 
white, will be hoisted at the mainmast-head ; and in thick and foggy weather, either 
by night or day, a bell will be kept constantly ringing , to prevent vessels from running 
foul of the light vessel. 

January 1, 1832. 



DOCK SIGNALS. 

N.B. All vessels are allowed to enter the docks, when signals are not hoisted at the re¬ 
spective pier-heads, notwithstanding the regulation requiring alLvessels to be registered 
at the Dock-office. But all owners, masters, and consignees are, nevertheless, recom¬ 
mended to register their vessels as expeditiously as possible, in order the better to 
secure their right of turn to accommodation at the dock quays. 

For the Prince’s Dock. —A flag on the south pier of the entrance into the Prince’s 
Dock Basin. 

For the George’s Dock. —A flag on the south pier of the entrance into the George’s 
Dock Basin. 

For the Dry Dock. —A ball on the pole on the north pier of the entrance into the 
Dry Basin. 

For the Salthouse Dock. —A flag on the south pier of the entrance into the Dry 
Basin. 

For the King’s Dock. —A flag on the north pier of the entrance into the King’s 
and Queen’s Basin. 

For the Queen’s Dock.—A flag on the south pier of the entrance into the King's 
and Queen’s Basin. 

For the Queen’s half-tide Dock. —A flag on the south pier of the entrance into 
the Queen’s Basin Sou.h. 


























14:2 PORTS AND HARBOURS OF ENGLAND, &c. 

The regulations of pilots for conducting vessels into or out of the 
port of Liverpool are inserted in the next chapter. 

MILFORD is situate in the Welsh county of Pembroke. It is a 
deep inlet of the Irish sea, secured from all winds, with excellent 
anchorage. The spring tides rise here 28 feet, and the neap tides 16. 
Packet-boats to Waterford, in Ireland, sail from hence every da 3 % except 
Tuesday. The pilotage of this harbour, and adjacent ports, will be 
found in the next Chapter; but no one is compelled to take a pilot in 
this district, except going into or coming out of port, within a certain 
limit. 


CARDIFF, with its subordinate, Swansea, is situate on the Welsh 
coast of Glamorganshire. These are both safe and good harbours, and 
enjoy considerable trade from the vicinity of iron and copper mines, and 
extensive works for smelting the ore; as also from beds of limestone 
and coal. Vessels of 200 tons burthen come up to either of these 
harbours. 

GLOUCESTER is situate on the east side of the river Severn. 
Ships come up to the bridge of this town, but the navigation being 
circuitous, a canal has been made hence to Berkeley, at the head of 
which is a basin fit for the reception of 100 vessels of 200 tons burthen. 
Cheese of the most excellent quality is made in the immediate neighbour¬ 
hood, and exported to all parts of the world; cider, pins, ropes, and 
glass, are among the principal articles of manufacture and commerce 
at this place. 

BRISTOL. The river Avon is here so deep that vessels of 1000 
tons may safely enter it. There is a large floating dock here, and 
several dock-yards, and a prodigious traffic is carried on with Ireland, 
America, the West Indies, and the Baltic : glass, sugar, brass, and hats, 
employ most of the manufacturers here. Vast quantities of salted 
provisions, linen, and butter come from Ireland to this country through 
the port of Bristol. By the 51 Geo. III. c. 32. the master of every 
vessel with exciseable goods on board, arriving at the entrance of 
Cumberland Basin or Bathurst Basin, shall before he enters properly 
fasten down his hatches or approaches, (if any thereto,) as the excise 
officers shall approve: and the same shall remain so properly fastened 
at all times, except when the cargo is unloading. The hours of un¬ 
loading to be between six in the morning and six in the evening from 
April 30 th to October 1$2; from seven in the morning to four in the 
evening from 30 th September to May 1st. 

Masters refusing to assist in fastening, to forfeit £100. 

Ships outwards, having goods on board entitled to any drawback or 
allowance, to have her hatches properly secured, under similar restrictions 
and penalty. 

Wilfully obstructing excise officers, or damaging or injuring fasten¬ 
ings of such hatchways, or opening or removing the same, or making 
any access to the hold where such goods are deposited, subject to a 
penalty of ,£200. 

The Town's dues and Mayor's dues are regulated at the discretion 
of the corporation, under the provisions of the 6 Geo. IV. c. 201. (local.) 

BRIDGEWATER is a river port of Somersetshire, eight miles 
from the Bristol Channel. It enjoys a considerable coasting-trade. 


ENGLAND. 


143 


Its subordinate, Minehead, is distant from it twenty-four miles, on the 
Bristol Channel, and has a fine and secure harbour, easy of access, and 
formed by a fine pier, capable of sheltering large vessels. Its chief 
traffic is in coals, which abound. 

PLYMOUTH is situate at the influx of two rivers, the Plym and 
the Tamer, the mouth of the former being called “ the Catwater,” that 
of the latter “ Hamoaze.” Ships of war chiefly lie in the latter. The 
former, secured by an extensive pier, holds the merchant shipping 
almost surrounded by the town. The pilchard fishery is a source of 
great commerce and emolument to it. 

FALMOUTH is on the coast of Cornwall, a most capacious harbour, 
and the great naval station for the packets to the south parts of 
Europe. It partakes largely in the benefits of the pilchard fishery. 

EXETER is situate on the river Ex, in Devonshire. The town 
has a considerable manufacture in woollen goods of various denomina¬ 
tions, and is of extensive commerce ; but the port is at a place called— 

TOPS HAM, five miles distant; but, by means of flood-gates placed on 
the river, vessels of 150 tons come up to a quay at Exeter. 

POOL, on the Dorsetshire coast, has a capacious harbour, which 
will admit ships drawing sixteen feet water , affords good anchorage, 
and is altogether considered the best harbour in the channel. It deals 
largely both in exports and imports with Newfoundland and the West 
Indies especially. Its country trade is also considerable. A very great 
proportion of the larger oysters, with which London is supplied, come 
from Pool originally, but are subsequently fed in the Essex and Thames 
creeks. Its subordinate— 

WEYMOUTH is situate in the same county, but, as a commercial 
harbour,.is not of first-rate importance ; and— 

LYME, its other subordinate in the same county, though a commo¬ 
dious harbour, has little to distinguish it but its share in the pilchard 
fishery. 

SOUTHAMPTON, a seaport on the Hampshire coast of no in¬ 
considerable importance in itself, is the only port at which wool, 
sent duty free to the islands of Guernsey , Jersey , Alderney , and Sark , 
may be shipped ; and the mail for the Isle of Wight sails from it every 
morning; it is celebrated for its import of wines of a particular flavour. 

PORTSMOUTH is the most considerable naval station of the king¬ 
dom, and, in time of war, the great rendezvous of the grand Channel 
fleet. South of the town of Portsmouth, and between it and the Isle of 
Wight, is the celebrated Road of Spithead, capable of holding 1000 
large vessels in perfect security. Near to this is the Motherbank , the 
station for Indiamen, and ships under quarantine. 

CHICHESTER, on the Sussex coast, is a place of little importance 
itself, but with relation to Hastings and Brighton ; the former, as one 
of the Cinque Ports; the other as a place from whence packets sail 
continually to Dieppe. 

SANDWICH, like the last-mentioned place, is now of little import¬ 
ance on its own account, though one of the Cinque Ports, its harbour 
being incapable of receiving any but small craft. The next port is— 

DOVER, having a good and safe harbour. It is dry at low water, 
Lnc; an inner basin enclosed by a lock. When the tide is ten 


144 PORTS AND HARBOURS OF ENGLAND, &c. 


feet deep at the mouth of this harbour, a red flag is hoisted, as a 
notice to the shipping; outside, but it is removed with the ebbing of the 
tide below that depth. 

ROCHESTER is on the Medway, in the vicinity to Chatham. Its 
importance arises from the manufactures and commerce necessarily in¬ 
cident to its connexion with so great a naval station. 


MARGATE (a member of the port of Dover, to which it is subject in 
matters of civil jurisdiction) has a pier maintained by a duty paid on 
ail exports and imports. Its harbour is dry at low water. Corn is the 
principal article of commerce. 


52 Geo. III. c. 186. 


s. d. 


The master of every vessel passing from port to port withinl 
this realm, who shall take on board or discharge within the I 
harbour of Margate, (or the bay adjoining,) shall pay> 
“ lastage,” on every quarter of corn, tares, or seeds of everyl 

denomination, at the rate of, per quarter . .. J 

And for all other goods, and all baggage, parcels, and passengers') 
so laden or unladen, upon the freight or fare thereof, > 

“ poundage” of, in the pound.J 

If the vessel be coming from or going to foreign parts , (Ireland 
excepted,') the charges to be doubled. 

Every passenger landing from or embarking in any ship, hoy, 1 
packet, or other vessel carrying passengers for hire, within t he 
harbour or bay and shore within the parish of St. John, 
whether such vessel bekong to the town or harbour of Mar- : 
gate or not, (patients going to or coming from the Infirmary , 
and pleasure boats without decks, excepted ,) shall pay for 
every passage to or from the town or harbour, the sum of ... 
Which is hereby required to be received by the master of 
the vessel before departure, and shall be by such master 
paid over, within seven days, to the treasurer of the Pier 
Company. 

Masters of vessels to be allowed Is. 6d. in the pound, upon 
the amount of the aforesaid duty on passengers. 

Every vessel entering the harbour for shelter or pleasure 
only, and not loading or unloading, and not continuing more 
than twenty-one days, if a British subject, per ton . 

- jj an a ii en . 

For every seven days after twenty-one , per ton . 

And for British and foreign shipping respectively, per ton burthen 
The duty on every vessel taking in ballast, and not having un¬ 
loaded here , to pay per ton .... 

There shall be paid also for wheat, per quarter. 

For oats.. 

Hops, per bag. 

And so on for dry goods in proportion. 

For a four-wheeled carriage. 

For every horse.. 

For every dog. 

And for small parcels, each. 


0 


0 


2 


0 

1 

0 

0 

0 

0 

0 

3 

21 

7 

2 

0 


1 


9 


0 


6 

0 

2 

4 

9 

9 

6 

0 

0 

6 

6 

3 


RAMSGATE has a capacious harbour, comprehending about 
forty-five acres of ground, protected by stupendous piers, and dis 


















SCOTLAND. 


145 


tinguished by a lighthouse. Duties for the support of this harbour 
were first collected under the authority of statute 32 Geo. III. c. 74. 
which statute was amended by 37 Geo. III. c. 86. The 5b Geo. III. 
c. 84. however, reciting the inadequacy of the duties to keep the 
harbour in its improved state, provides for the imposition of additional 
rates and duties to those levied under the authority of the former acts, 
not exceeding a certain rate, at the discretion of certain trustees. 
The length and intricacy of this statute, as well as the uncertainty of 
the duties arising from this very discretionary power given by it, are 
sufficient reasons for not abstracting it very copiously ; but the substance 
of the provisions and exceptions of these statutes, in a general view of 
them, are as follows : 

All vessels passing through the Downs, whether navigating on the 
east or the west side of the Goodwin Sands, of between 20 and 300 
tons burthen, to pay 2d. per ton; each chaldron of coal, and every 
ton of stones, 3d. to 3 \d. per ton, and other duties in proportion. 
The last statute authorizes the trustees to impose additional rates or 
duties, (on giving fourteen days’ previous notice in the London 
Gazette,) viz. on every foreign ship, of not exceeding 3d. for each ton, 
whether laden or in ballast, passing by or to the harbour of Ramsgate, 
not having a receipt testifying the payment of the same in respect 
thereof; and that so often as such foreign vessel shall so pass, &c. 

No outward-bound vessels (the places of whose destinations are to 
or by the said harbour) to be cleared at the office of customs on such 
voyage; nor inward-bound, which shall have sailed past or gone into 
said harbour, to be allowed to enter at said office without such certificate. 
Collector of said duties empowered to enter into and admeasure vessels. 

Transports, so long as they continue in the service, to pay only 
twice in any one year. 

All attempts to evade payment of the duties, subject to a penalty of 
paying double the duty due. 

Prohibitions. — Gunpowder on board, without notice to the harbour¬ 
master, (except in transports and vessels in the service of the Ordnance , 
Customs , Excise , and Post Office,) prohibited under a penalty of £20. 
Discharging fire-arms within the harbour, prohibited under a penalty 
of £5. Vessels not to be graved or breamed afloat in said harbour, 
under a penalty not exceeding <£20. 

SCOTLAND. 

ABERDEEN, on the east coast of Scotland, is reckoned the third 
town of that kingdom in point of importance. Its harbour, at the 
mouth of the river Dee, is defended by a new stone pier, 1200 feet in 
length. Its exports of linens, calicoes, and threads to Germany and 
the Baltic, are very considerable; and the Greenland whale fishery is 
carried on to some extent here. 

DUMFRIES, on the south-west coast of Scotland, eight miles 
from the mouth of the river Nid, in Solway Frith, is sixty-four miles 
from the capital, Edinburgh ; has a tolerably good harbour, but not an 
extensive commerce. 

GRANGEMOUTH is situate in Stirlingshire, to the south of Perth¬ 
shire, and on the western side of Scotland. Being fixed at the junction 
of the great canal with the aforesaid river, and at not more than about 
forty miles from the capital, it is a place of some trade. 

L 


146 PORTS AND HARBOURS OF ENGLAND, &c. 

DUNDEE, in Forfarshire, is situated on the Frith of Tay, or the 
eastern coast of Scotland. The river Tay is two miles and a half broad, 
and affords a safe road to vessels of large burthen, and there are 
upwards of 120 vessels, in different trades, belonging to the port. On 
the quay are several new ranges of warehouses. Dundee exports large 
quantities of grain to London ; and three or four vessels likewise 
depart hence every year for the whale fishery. The principal manu¬ 
facture is that of linen, particularly Osnaburghs, canvass, bagging, 
&c. for exportation ; and the Dundee coloured thread has long been 
in high repute. This place supplies most of the adjacent country with 
English commodities, principally brought from London by the smacks. 

GREENOCK is in Renfrewshire; (separated from Dumbartonshire 
by the river Clyde, the mouth of which is this harbour ;) about four miles 
from Glasgow, in Lanarkshire, which is on the south-west side 
of the kingdom. The harbour of Greenock is very commodious, 
and has lately been improved at a great expense ; a basin is formed 
between two semicircular quays, which contain sufficient depth of water 
for vessels of the largest burthen. Greenock carries on a very consider¬ 
able trade with America and the West Indies, whither the merchants 
export the muslins and other manufactures of the adjacent districts ; 
and import in return rum, sugar, cotton, coffee, rice, grain, potash, 
timber, &c. From other countries they bring wine, fruits, oil, naval 
stores, and a variety of other articles. The vicinity of the great canal 
presents superior facilities for forwarding West India commodities to 
the north of Europe. 

LEITH is the port of Edinburgh, and where most of the mer¬ 
chants, who reside in the latter, have counting-houses and warehouses. 
The harbour is formed by the confluence of the water of Leith with 
the Forth, and is a tide harbour, the water of the river being insuffi¬ 
cient. On the north side of the harbour is a convenient quay for the 
landing of goods; and a wet-dock has been constructed within high- 
water mark , under the auspices of the town-council of Edinburgh ; but 
as ships can oidy enter it at full tide , at other times they lie in Leith 
roads, about a mile distant, which at all times affords good and safe 
anchorage for ships of the largest size. Leith being conveniently 
situated for the navigation of the eastern seas, enjoys a share of the 
Baltic trade. From Russia, Sweden, &c. Leith imports iron in bars, 
tallow, flax, hemp, tar, &c. ; from Holland, flax and linseed ; from the 
Mediterranean, fruits, &c.; from Portugal, wine, fruit, cork-wood, &c.; 
some ships belonging to this port trade to the West Indies, whence 
they bring the produce of our colonies, rum, sugar, cotton, &c. Several 
ships are also here fitted out for the whale fishery in Greenland, and 
the herring fishery in the British seas has been very productive. The 
commerce of Leith is somewhat fluctuating, and dependent on variable cir¬ 
cumstances. Considerable quantities of coals are shipped for the north¬ 
east coast of Scotland. Since the completion of the Carron canal, a 
navigation has been opened from Glasgow by way of Leith to the 
eastern coast of England. 

For the Rates of Pilotage under the Corporation of the Trinity 
House at Leith, see next Chapter. 

GLASGOW, in Lanarkshire, is situated on the Clyde, which is only 
navigable up to the town itself for vessels of inferior burthen, and the 


SCOTLAND. 


147 


largest ones generally unload at Greenoclc, which has been recently noticed. 
Glasgow , with respect to trade, commerce, and manufactures, may be 
considered the chief city of Scotland. Pit-coal and other articles 
required for the establishment of manufactories, are found in abun¬ 
dance in the whole of the surrounding districts on both sides of the 
Clyde. The Clyde was formerly so shallow, that only vessels of 30 
tons burthen could come up t.o the quays; but since 1771, the bed of 
the river has been deepened sufficiently for lighters of from 70 to 90 
tons burthen. The superintendence of the navigation of the river is 
intrusted to a Board, called the Commissioners of the River Clyde. 
Port Dundcts is a basin at the end of the collateral cut of the great 
canal, distant twenty-three miles. The Monkland canal goes from 
Glasgow about ten miles to Airdrie, and serves chiefly for the convey¬ 
ance of coals from the neighbourhood of that village. The merchants 
and tradesmen assemble at the Tontine Coffee-house, for the purpose of 
transacting business. In the Tontine buildings goods are sold by 
public auction; and there is a large room where the merchants show 
samples of sugar, &c. 


*** At the Court at St. James’s, 3rd July, 1830. Present, the King’s most excellent 

Majesty in council. 


Whereas by an act of parliament passed in the third year of his late Majesty’s reign, 
c. Ill, local, intituled (i An Act for further continuing, altering, aud amending several 
Acts for the better regulation of Lastage and Ballastage in the River Thames, and for 
enabling the Corporation of Trinity-house of Deptford Strond to reduce, alter, modify, 
relinquish, or abolish Dues payable to the said Corporation, and for other purposes 
connected therewith,’’ &c. And whereas there is due and payable by all vessels en¬ 
tering into or going out of any of the ports or places situate between Worm’s Head 
and Saint Gowan’s Head , in the Bristol Channel, one penny per ton, to the said 
corporation of Trinity-house of Deptford Strond, for and in consideration of the erec¬ 
tion and maintenance of a light-house and light on the island of Caldy in the Bristol 
Channel. And whereas under and by the authority of the said recited act of parlia¬ 
ment, the said corporation have signified to his Majesty in council their wish to relin¬ 
quish the said toll or duty, so far as respects ships or vessels entering into or going 
out of any of the ports or places aforesaid, with cargoes of limestone only; and in lieu 
of the said toll or duty to substitute the following commutation tolls or duties 
that is to say,— 

s. d. 


For every limestone vessel which shall carry its ballast with its cargo,' 
being of the description commonly called ballast vessels, per ^20 


For every limestone vessel exceeding the burthen of 30 tons , and dis¬ 
charging its ballast every time of loading, per annum. 

For every limestone vessel not exceeding the burthen of 30 tons, and 
discharging its ballast every time of loading, per annum. 

For every limestone vessel not paying either of the foregoing annual 
commutation sums, per voyage, if laden with limestones .. 

All limestone vessels, whether they shall or shall not have paid 
either of the before specified annual commutation sums, to be 
charged with the full rate of duty of, per ton, for the Caldy Light , 
when navigating to or from any port or place between the Worms 
Head and St. Gowan's Head , and not carrying cargoes of lime¬ 
stones, unless such vessels shall be in ballast only... 


} 

} 

} 


15 

10 

1 


0 


0 

0 

0 


l 


His Majesty is therefore pleased to order, and it is hereby ordered, that the a*»ove 
mentioned abolition of the said toll of one penny per ton, and the establishment of the 
before-mentioned annual commutation tolls and duties shall be and tho same are 
hereby confirmed. 


l. '2 


(Signed) J. BULLER. 








PORTS AND HARBOURS. 


MS 


TABLE showing the Time of HIGH WATER at different places. 


Having concluded our information respecting the ports and harbours of the United 
Kingdom, it is presumed the following statement of the time of high water at the 
principal ports of Europe and America, and particularly of the British and 
Irish coasts, will not be unacceptable, particularly to those captains who have not 
been at the respective ports before. The mode of calculation is to find by the 
Nautical or other Almanac the time of high water at London Bridge , and add or 
subtract the amount set down in the column of figures. 

Required the time of high water at Rotterdam, May 1, 1830 :— 

High water by the Almanac at London Bridge.. .5 min. past 9 
Add.5 „ 1 

10 min. after 10 


Note.— The Jluuung and ebbing of the tides in the Baltic and Mediterranean Seas are 
so inconsiderable as not to require notice. 


Names of Places. 


Abbeville.. 


Aberdeen . 


Aberdovey. 


Aberistwith. 

..Wales .. 

Achill Head.. 


Agnes (St.)... 

.. Scil. Is. . 

Air Point.. 


Aix Island. 


Albans Head (St.).. 

, .England. 

Alban’s (St.). 


Aldborough. 


Alderney Island .... 


Alne Rive*r. 

. England. 

Altona. 


Amazon River. 


Ambleteuse. 

. France .. 

Ameland Island .... 

.N. Sea.. 

Amelia Harbour .. .. 


Amlwick Port. 


Amsterdam. 

. Holland . 

Andrew’s Bay (St.) . 

• Scotland. 

Angers. 

.France .. 

Angra Bay. 

. Azores .. 

Anholt Island. 

. Cattegat. 

Ann Cape. 


Annapolis. 

. Ditto ... 

Anticosta Is. W. end .Ditto ... 

Antwerp. 

.France .. 

Anvers. 

. Ditto ... 

Archangel. 

. Russia .. 

Archangel River ent. 

. Ditto ... 

Arklow . 

. Ireland . 

Arran Island. 

. Scotland. 

Arundel. 

.England. 

Augustine (St.). 

. America. 

Avranches. 

.France .. 

Auray.... 

- 

. Ditto ... 

Ballingskellings .,., 

.Ireland.. 

Bally Castle ....... 

. Ditto ... 


Difference of 
High Water. 

Names of Places. 

Difference ol 
Higli Water. 

Snb. 

a. m. 

4 0 

Bally Shannon .... 


Add 

H. M. 

4 20 

Sub. 

1 40 

Balta . 


Add 

0 35 

Add 

5 5 

Baltimore . 


Add 

1 20 

Add 

5 5 

Bamff . 


Sub. 

2 55 

Add 

3 35 

Bangor . 


Sub. 

4 15 

Add 

2 15 

Bantry Bay. 


Add 

1 20 

Sub. 

3 55 

Bardsey Island .. .. 


Add 

5 50 

Add 

0 35 

Barfleur Cape. 

.. Franee . . 

Add 

5 5 

Add 

5 5 

Barmouth . 


Add 

5 35 

Sub. 

1 55 

Barnstable Bar .... 


Add 

3 25 

Sub. 

3 40 

Bas (Isle de) . 


Add 

1 20 

Add 

3 35 

Baudsey Cliff . 


Sub. 

3 55 

Add 

0 20 

Bayonna Isles .... 


Add 

2 20 

Add 

3 35 

Bayonne . 


Add 

1 5 

Add 

3 35 

Beachy on the Shore .England. 

Sub. 

4 40 

Sub. 

3 25 

Beachy Head (Offing)Ditto. ... 


3 25 

Sub. 

3 55 

Bear Island . 


Sub. 

2 25 

Sub. 

5 25 

Beaumaris . 


Sub. 

4 10 

Sub. 

3 55 

Bee’s Head (St.)... 

.. England . 

Sub. 

3 25 

Add 

0 35 

Belfast . 


Sub. 

3 55 

Sub. 

0 10 

Belle Isle . 


Add 

0 35 

Sub. 

2 25 

Bembridge Point . .. 

.. Isle of W. 

Sub. 

2 45 

Sub. 

2 35 

Bergen . 


Sub. 

0 55 

Sub. 

2 25 

Bermudas Island .. 

.. Atl. Oce. 

Add 

4 35 

Sub. 

2 55 

Berwick . 


Sub. 

0 10 

Sub. 

4 25 

Bilboa (entrance to) 

.. Spain ... 

Add 

0 50 

Add 

t 5 

Biscay . 

.. Ditto ... 

Add 

2 5 

Add 

3 35 

Blackwall . 


Sub. 

0 30 

Add 

4 20 

Blakeney Bar . 


Add 

3 35 

Add 

3 35 

Blaskets . 


Add 

1 15 

Add 

4 5 

Block Island . 


Add 

5 12 

Add 

5 50 

Blythe Sand. 


Add 

0 20 

Sub. 

3 10 

Bolt Head. 

.. Ditto ... 

Add 

3 30 

Sub. 

5 5 

Borkum Island... . 

.. Holland . 

Sub. 

2 55 

Add 

; J 

Boston . 


Add 

4 50 

Add 

3 35 ; 

Boston . 

.. America. 

Sub. 

2 55 

Add 

3 20,Boulogne . 


Sub. 

3 55 

Add 

0 50 

Bourdeaux . 

Brassa Sound .... 


Add 

Sub. 

0 35 

4 25 

Add 

3 20 t Bray Head . 


Add 

1 5 



















































































PORTS AND HARBOURS. 


119 


Names of Places. 

Difference of 
High Water. 

Names of Places. 

Difference of 
High Water. 

Bree Bank. 

.N. Sea.. 

Add 

H. M 

l 5 

Coutance .... 

.France .. 

Add 

H. M. 

3 35 

B rehat Island. 

. France .. 

Add 

5 5 

Cowes. 


Sub. 

4 10 

Bremen. 

. Germany 

Add 

3 35 

Cromartie. 

. Scotland. 

Sub. 

2 40 

Brest. 

.France .. 

Add 

1 20 

Cromer. 

. England . 

Add 

4 20 

Brewershaven. 

.Holland. 

Add 

1 5 

Crookhaven. 

.Ireland . 

Add 

0 35 

Bride’s Bay (St.) ... 

.Wales .. 

Add 

3 35 

Cross Island. 

• W. Sea.. 

Add 

1 50 

Bridgewater. 


Add 

4 20 

Cuxhaven..... 

. Germany 

Sub. 

1 25 

Bridlington. 

Bridport. 

.Ditto ... 

. Ditto ... 

Add 

Add 

2 5 
4 20 

Dartmouth. 

.England. 

Add 

3 45 

Brill. 

.Holland . 

Sub. 

0 25 

David’s Head (St.) . 

.Wales .. 

Add 

3 35 

Brighton. 

. England. 

Sub. 

3 19 

Deadman’s Point ... 


Add 

3 5 



Add 

4 20 

Deal. 

. Ditto . . . 

Sub. 

3 25 

Broadhaven. 

.Ireland.. 

Add 

3 35 

Dee River (Park Gate)Ditto ... 

Sub 

3 55 

Buchaness. 

. Scotland 

Sub. 

2 25 

Delaware River (ent.) America. 

Sub. 

5 25 

Burnt Island. 


Add 

0 5 

Dieppe.. 

.France .. 

Sub. 

3 55 

Button’s Islands .... 


Add 

4 25 

Digges (Cape). 

.Hud. Bay 

Sub. 

2 25 

Cadiz... 

. Spain ... 

Add 

1 35 

Dingle Bay. 

Donegal. 

.Ireland.. 

. Ditto ... 

Add 

Add 

1 5 

4 5 

Caen. 


Sub. 

5 25 

Dort. 

.Holland . 

Add 

0 35 

Caernarvon Bar .. .. 


Sub. 

5 25 

Dover Pier. 

.England. 

Sub. 

3 9 

Cairston. 


Sub. 

5 25 

Douglas Harbour ... 

.Is. of M. 

Sub. 

3 55 

Calais. 


Sub. 

2 55 

Downs. 

.England. 

Sub. 

3 25 

Caldy Island. 


Add 

3 35 

Drogheda . 

. Ireland.. 

Sub. 

3 40 

Calf of Man. 


Sub. 

3 55 

Drontheim. 


Sub. 

0 10 

Camperdown. 


Add 

2 5 

Dublin.. 

. Ireland.. 

Sub. 

4 40 

Campbell Port. 


Sub. 

5 25 

Dungeon Lights.... 

.N. Sea.. 

Add 

5 5 

Canna Sound. 


Add 

2 50 

Dunbagon Head.... 

. Ireland.. 

Add 

3 35 

Canary Islands ,.... 


Add 

0 35 

Dunbar. 

. Scotland. 

Sub. 

0 55 

Cancale. 


Add 

5 5 

Dundalk Bay. 

. Ireland.. 

Sub. 

3 40 

Canso Cape. 


Sub. 

5 55 

Dundedy Head. 

. Ditto ... 

Add 

1 35 

Cantire (Mull of) ... 
Cappel (West). 

. Scotland. 

Sub. 

5 5 

Dundee. 

. Scotland. 

Sub. 

0 10 

.Holland. 

Sub. 

1 55 

Dungarvon. 

.Ireland.. 

Add 

2 5 

Cardiff. 

.Wales... 

Add 

3 35 

Duugeness. 

.England. 

Sub. 

3 34 

Cardigan Bar. 

.Ditto.... 

Add 

4 35 

Dunkirk .. 

.France .. 

Sub. 

2 40 

Carlingford. 


Sub. 

5 25 

Dunnose. 


Sub. 

5 29 

Carlisle. 


Sub. 

2 25 

Dunscanby Head ... 

. Ditto ... 

Sub. 

5 55 

Carmarthen Harbour .Wales .. 

Add 

4 5 

Dursey Island...... 


Add 

1 5 

Carr Rocks. 

Carrickfergus. 


Sub. 

Sub. 

0 55 
3 55 

East India Dock Gates Blackwall 

Sub. 

0 30 

Cases Bay . 

.America . 

Sub. 

3 40 

Eddystone .. . .. 

.Eng. Ch. 

Add 

3 25 

Caskets. 

.Eng. Ch. 

Add 

5 35 

Edinburgh . 

.Scotland. 

Add 

0 40 

Catherine’s Point (St.)Is. of W. 

Sub. 

5 55 

Elbe Riv. (red buoy) 

. Germany 

Sub. 

2 25 

Catness . 

.W. Sea . 

Add 

2 50 

Embden. 

. Ditto ... 

Sub. 

2 25 

Cayenne . 

. S. Amer. 

Add 

3 35 

Enkhuysen. 

. Holland . 

Sub. 

2 25 

Charente River (ent.) . France .. 

Add 

1 35 

Etaples . 

.France .. 

Add 

0 50 

Charles Cape . 

. America . 

Add 

5 20 

Exmouth Bar . 

.England. 

Add 

4 0 

Charles Island . 

.Hud. Str. 

Sub. 

4 25 

Exuma Bar . 

. Baham .. 

Add 

4 10 

Charlestown . 

.America . 

Add 

4 35 

Eyder River (entrance) Germany 

Sub. 

2 25 

Chatham . 

. England . 

Sub. 

1 25 

Eymouth Harbour .. 

. Scotland . 

Sub. 

0 10 

Chepstow. 

Cherbourg. 

. Ditto ... 
.France .. 

Add 

Add 

5 5 
5 5 

Fair Head. 

.Ireland.. 

Sub 

5 25 

Chester Bar. 

. England. 

Sub. 

3 55 

Fair Isle. 

.N. Sea .. 

Add 

1 35 

Chichester Harbour . 

. Ditto .. . 

Sub. 

2 55 

Falmouth . 

. England . 

Add 

3 20 

Churchill (Cape) ... 

. Hud. Bay 

Add 

4 55 

Fayal Road . 

. Azores .. 

Sub. 

0 10 

Clear (Cape) . 

.Ireland. . 

Add 

2 5 

Fear (Cape) . 

. America . 

Sub. 

4 10 

C'ockspar . 

.America. 

Sub. 

5 25 

Fecamp . 

• France .. 

Sub. 

3 55 

Cod (Cape) . 

.Ditto ... 

Sub. 

2 55 

Ferrol. 

. Spain ... 

Add 

0 35 

Conway. 

.Wales... 

Sub. 

4 10 

Ferriters. 

.Ireland.. 

Add 

1 5 

Copeland Island .... 

.Ireland.. 

Sub. 

3 55 

Fifeness.... 

. Scotland. 

Add 

2 5 

Coquet Island. 


Add 

0 20 

Filey. 


Add 

2 5 

Cornwall (Cape).... 

. Ditto ... 

Add 

2 0 

Finisterre (Cape) ... 

. Spain ... 

Add 

0 35 

Cork Harbour (ent.). 

.Ireland.. 

Add 

2 5 

Finmark. 


Sub. 

0 10 

Corunna. 

. Spain ... 

Add 

0 35 

Fisgard Bay. 

, W ales .. 

Add 

4 5 




















































































































150 


PORTS AND HARBOURS. 


Names of Places. 


Difference of 
High Water. 


Flamborough Head .. England. 

Flatholme Isle.Brit. C-h. 

Flats (Kentish).England. 

Flemish Banks.N. Sea .. 

Florida Keys.America . 

Flushing ...Holland. 

Fly (or Vlie) Gatway.Ditto ... 
Fly (or Vlie) Road ... Ditto ... 

Folkstone.England. 

Foreland (North) .... Ditto ... 
Foreland (South) ... .Ditto ... 

Formby Point.Ditto ... 

Fort George.Scotland. 

Fort St. John.Newfoun. 

Foul Isle .Shetland. 

Foulness.England. 

Fowey.Ditto ... 

Frehel (Cape).Franee.. 

Funchall.Madeira . 

Gallicia (Co. of).Spain ... 

Galloper Sand.R. Tham. 

Galway Bay.Ireland.. 

Galloway (Mull of).. .Scotland. 

Gaspe Bay.America. 

Gay Head.Ditto ... 

George River.Ditto ... 

George Town Bar.... Ditto.... 

Gibraltar.Spain ... 

Gore Bank.England. 

Goodwin Sands(Bk.of)Downs .. 

Goree Gatway.N. Sea .. 

Gouldsborough.America. 

Gowan’s Head (St.). .Wales... 

Granville.France.. 

Gravelines.Ditto ... 

Gravesend ..England. 

Greenock .Scotland. 

Grizness.France.. 

Groyne.Spain ... 

Guernsey.Eng. Ch. 

Gunfleet Sand.R. Tham. 

Haerlem.Holland . 

Hague La (Cape).... France .. 

Halifax.Nov. Sco. 

Hamburg.Germany 

Hartland Point.England. 

Hartlepool.Ditto ... 

Harwich.Ditto ... 

Hasborough....Ditto ... 

Hastings.Ditto ... 

Hatteras (Cape).America. 

Havre de Grace.France .. 

Heligoland.N. Sea.. 

Helens (St.).Is. of W. 

Helvoetsluys .Holland . 

Henlopen (Cape) ... .America. 

Henry (Cape).Ditto ... 

Holms.Brit. Ch. 

Holyhead Bay.Wales .. 

Holy Island Harbour . England. 
Honfleur.France.. 


Add 

Add 

Sub. 

Add 

Sub. 

Sub. 

Add 

Add 

Sub. 

Sub. 

Sub. 

Sub. 

Sub. 

Sub. 

Add 

Add 

Add 

Add 

Sub. 

Add 

Sub. 

Add 

Sub. 

Sub. 

Add 

Sub. 

Add 

Sub. 

Sub. 

Sub. 

Sub. 

Sub. 

Add 

Add 

Sub. 

Sub. 

Sub. 

Sub. 

Add 

Add 

Sub. 

Sub. 

Sub. 

Add 

Add 

Add 

Add 

Sub. 

Add 

Sub. 

Sub. 

Sub. 

Sub. 

Sub. 

Sub. 

Sub. 

Add 

Add 

Sub. 

Add 

Sub. 


H. M 

2 5 
4 15 

3 25 
0 35 

35 
25 


20 

5 

34 
10 
19 
25 
25 
25 

0 35 
40 
5 

35 
21 


0 35 

1 40 

2 5 

3 10 
0 55 
5 12 

3 40 

4 15 


2 25 

3 10 

1 0 
0 55 
3 25 
3 5 
5 5 

2 40 
0 55 

2 55 

3 25 
0 35 
3 35 
2 25 


25 

25 

5 

3 35 


35 

20 

55 

5 

49 
25 
55 
25 
40 
0 55 
5 25 


Names of Places. 


Holland's Hook.Holland . 

Horn Point.N. Sea .. 

Hosely Bay .England. 

Hull.Ditto.... 

Humber River (ent.) . Ditto ... 

Hung Road.Ditto ... 

Hurst Castle.Ditto.... 

Hythe.Ditto ... 

Ice Cove.Hud. Bay 

Ipswich.England. 

Ireland (W. County of)Atl. Oc. . 
Ireland (S. County of) Atl. Oc. . 

Isle de Bas.France .. 

Isle de Dieu.Ditto ... 

Isle of Man (So. Side)St. G. Ch. 
Ives Bay (St.).England. 

Jersey Island.Eng. Ch. 

John’s (St.).Newfoun. 

Jutland (County of). .Denmark 

Kenmare River.Ireland.. 

Kennebeck.America. 

Kentish Knock.R. Tham. 

Killibegs.Ireland.. 

King’s Channel.R. Tham. 

King’s Island.Bass’s St. 

King’s Road.Brit. Ch. 

Kinsale.Ireland.. 

Kinnaird’s Head ....Scotland. 

Kirkcudbright.Ditto ... 

Kykduyn .Holland . 

Lagos Bay.Portugal 

Lambanes.Shetland. 

Lancaster.England. 

Land’s End.Ditto ... 

Langstone Harbour... Ditto ... 

Leith Pier.Scotland. 

Leman and Ower .... N. Sea .. 

Lerwick.Shetland. 

Lewis Islands.Scotland. 

Lewislslands (Butt of)Ditto.... 

Limerick.Ireland.. 

Lisbon...Portugal. 

Liverpool.England. 

Lizard Point.Ditto . 

Ditto (off Shore).Ditto.... 

Lock Swilly.Ireland.. 

Loize River (entrance) France .. 

Londonderry.Ireland.. 

Long Island.America. 

Long Sand Head ... .R. Tham. 

Long Ships.England. 

Look Out (Cape) .... America. 

Loop Head.Ireland.. 

L’Orient.France .. 

Lowestoff (in Shore).. England. 

Lowestoff Roads.Ditto ... 

Lundy Island.Brit. Ch. 

Lyme Regis.England. 

Lymington.. Ditto .,, 


Difference o« 

High Water. 


H. 

M. 

Add 

0 

35 

Sub. 

2 

25 

Sub. 

3 

25 

Add 

3 

35 

Add 

2 

50 

Add 

4 

20 

Sub. 

4 

55 

Sub. 

3 

34 

Sub. 

4 

25 

Sub. 

2 

25 

Add 

0 

35 

Add 

3 

26 

Add 

1 

20 

Add 

0 

35 

Sub. 

4 

5 

Add 

2 

50 

Add 

3 

35 

Add 

3 

35 

Sub. 

2 

25 

Add 

1 

5 

Sub. 

3 

40 

Sub. 

2 

55 

Add 

4 

20 

Sub. 

2 

25 

Add 

l 

5 

Add 

4 

20 

Sub. 

2 

50 

Sub. 

2 

25 

Sub. 

3 

10 

Add 

5 

5 

Sub. 

0 

25 

Sub. 

4 

55 

Sub. 

3 

10 

Add 

2 

5 

Sub. 

2 

40 

Add 

0 

40 

Add 

4 

35 

Sub. 

4 

40 

Add 

3 

55 

Add 

4 

20 

Add 

4 

5 

Sub. 

0 

10 

Sub. 

3 

25 

Add 

2 

30 

Add 

5 

30 

Add 

5 

5 

Add 

0 

35 

Add 

3 

35 

Add 

0 

35 

Sub. 

2 

55 

Add 

2 

5 

Sub. 

3 

55 

Add 

2 

5 

Add 

2 

5 

Sub. 

5 

25 

Sub. 

5 

15 

Add 

3 

20 

Add 

4 

40 

Sub. 

13 

i 10 
















































































































PORTS AND HARBOURS 


151 


Names of Places. 

Difference of 
High Water. 

Names of Places. 

Difference of 
High Water. 

Lynn Deeps. 

.England. 

Add 

a. m. 

3 35 

Port Hood. 

. C. Breton . 

Add \ 

a. m. 

3 5 

Machias. 

.America. 

Sub. 

3 25 

Port Howe. 

Port Jackson . 

.Nov. Sco. l 
. Ditto ... 

Sub [ 
Add 1 

3 55 

3 35 

Madeira. 

. Atl. Oce. 

Sub. 

2 21 

Portland Bill. 

. England . 

Add < 

4 50 

Maes River ('entrance') Holland . 

Add 

0 35 

Portland Race. 

.Ditto.... 

Sub. ! 

3 10 

Maloes (St.). 

.France .. 

Add 

3 35 

Port! awl Road. 

. Ditto ... 

Add : 

1 50 

Marble Head. 

. America. 

Sub. 

2 55 

Portland. 

. America. 

Sub. ; 

3 40 

Margate Roads. 

Mary’s (St). 

.England. 

Sub. 

3 0 Port Louis. 

.France .. 

Add ! 

2 5 

.Scil. Is. . 

Add 

2 15 

Port Patrick. 

.Scotland. 

Sub. - 

4 10 

Mary St. (Cape) .... 

.Nov. Sco. 

Sub 

5 25 

Port Porto. 

.France .. 

Add i 

0 35 

May Island. 

. Scotland. 

Sub. 

0 55 

Porto Praya. 

.C. V. Is. 

Add 

3 35 

May (Cape). 

. America. 

Sub. 

5 40 

Port Roseway. 

.Nov. Sco. 

Add : 

5 50 

Milford Haven. 

.England. 

Add 

3 35 

Port Royal. 

.Virginia. 

Add 

5 55 

Minehead. 

. Ditto ... 

Add 

3 35 

Port Rush. 

.Ireland . 

Add 

3 20 

Mizenhead. 

.Ireland. . 

Add 

0 35 

Port Seaton. 

. Scotland 

Sub. 

0 25 

Montrose. 

. Scotland . 

Sub. 

0 55 

Portsmouth Harbour 

.England 

Sub. 

2 49 

Morlaix. 


Add 

3 35 

Portsmouth. 

. America. 

Sub. 

3 10 

Mount’s Bay. 

.England. 

Add 

2 30 

Portugal (Coast of) . 

. Europe.. 

Add 

1 20 

Nantucket. 


Sub. 

2 22 

Praule Point. 

Preston Pans. 

. Scotland. 

Add 

Sub. 

3 30 
0 25 

Nantz. 


Add 

1 35 

Purfleet. 


Sub. 

0 45 

Nantz River (ent.) . 
Nassau . 

. Ditto ... 

Add 

Add 

0 35 
5 5 

Quebec . 


Add 

5 45 

Needle Rocks. 

. Isle of W. 

Sub. 

5 29 

Queenborough. 


Sub. 

1 10 

Newcastle. 

New Bedford. 


Add 

Add 

1 35 
5 12 

Rachlin Island. 


Sub. 

4 55 

Newbury Port. 


Sub. 

3 10 

Ram Head. 


Add 

3 20 

Newhaven.. 


Sub. 

4 9 

Ramkins. 

.Holland . 

Sub. 

0 55 

New London. 


Sub. 

5 31 

Ramsey. 

..Is. of M. 

Sub. 

3 55 

Newport..... 


Add 

4 20 

Ramsgate. 


Sub. 

3 15 

AJ pv/rv.. . , , 


Sub. 

2 25 

Rhe Island .. 


Add 

0 35 

New York . 


Sub. 

5 31 

Rhode Island., 

...America. 

Add 

5 12 

Nicholas (St.). 


Add 

4 20 

Robin Hood’s Bay . , 

, .England. 

Add 

1 20 

Nieuport. 


Sub. 

2 25 

Rochefort. . 


Add 

0 35 

Nootka Sound. 


Sub. 

2 5 

Rochelle. 


Add 

1 20 

Nore Light. 


Sub. 

2 10 

Rochester. . 


Sub. 

1 25 

North Berwick .... 


Sub. 

0 55 

Rosman (Cape).. .. 


Sub. 

3 55 

North Cape . 


Add 

0 35 

Roseness .. 


Sub. 

3 55 

Olonne . 


Add 

1 5 

Rotterdam .. 

Rouen . 

..Holland . 

Add 

Sub. 

1 5 
1 25 

Oporto . 


Add 

0 50 

Rye Harbour .. 


Sub. 

3 34 

Orfordness . 

Orkney Isles . 

. .N. Sea. . 

Sub. 

Sub. 

3 25 
3 55 

Sable Cape . 

. .Nov. Sco. 

Add 

5 35 

Ormes Head . 


Sub. 

3 55 

Sable Island . 


Sub. 

5 55 

Ortegal (Cape) .... 


Add 

0 35 

Salcombe . 


Add 

3 3C 

Ostend. 


Sub. 

1 55 

Salem . 


Sub. 

2 55 

Ownrs , , .. 


Sub 

4 49 

Salters. 


Add 

2 5 

"Parlstrvur. .. 


Add 

2 35 

Sandwich. 

Sandwich Bay. 


Sub. 

. Sub. 

3 25 
5 25 

Passamaquoddy (Riv.)America. 

Sub. 

3 40 

Sandy Hook. 


Add 

4 U 

Penmarks . 


Add 

1 5 

Savannah . 


Sub. 

3 1C 

Penobscot (River) .. 

,. America . 

Sub. 

3 40 

Scarborough . 


Add 

2 5 

Pentland Frith .... 


Sub. 

3 55 

Scaw . 


Sub. 

2 15 

Penzance . 


Add 

2 5 

Scilly Isles . 

.. Eng. Ch. 

Add 

2 15 

Peterhead . 


Sub. 

2 25 

Scolt Head . 


Add 

3 55 

Peveral Point . 


Sub. 

5 25 

Seaford . 


Sub. 

4 1 

Philadelphia . 


Sub. 

0 25 

Seal Isles. 


. Sub. 

5 4( 

Plymouth Sound... 


Add 

3 40 

Seaton Sluice. 


Add 

0 2( 

Plymouth. 


Sub. 

2 55 

Seine River. 


Sub. 

5 2‘ 

Pol de Leon (St.) .. 

. .France . . 

Add 

2 50 

Selsea Bill . 


Sub. 

4 41 

Pomona . 


Sub. 

4 50 

Selsea Harbour .... 


, Sub. 

3 1( 

Poole . 


Sub. 

5 25 

Seven Cliffs . 


. Sub. 

4 3: 

Port Glasgow . 


Sub. 

2 40 

Seven Islands . 

.. Lapland . 

, Sub. 

5 2; 



























































































































153 


PORTS AND HARBOURS. 


Names of Places. 

Difference of 
High Water. 

Names of Places. 

Difference of 
High Water. 

Shannon River ... . 


Add 

H. M. 
1 20 

Tory Island . 


Add 

H. M. 

3 0 

Sheerness . 


Sub. 

2 25 

Townsend . 


Sub. 

3 40 

Shellocks . 


Add 

0 35 

Trailer Bay . 


Add 

1 20 

Sheepscut . 


Sub. 

3 40 

Tuskar Rock. 


Add 

4 5 

Shetland. 

.. N. Sea .. 

Sub. 

3 55 





Shields. 


Add 

1 0 

Use & VillianeR.(ent.)France . . 

Add 

0 35 

Shipwash . 

.. R. Tham. 

Sub. 

2 25 

Ushant within . 

. Ditto ... 

Add 

1 20 

Shoreham . 


Sub. 

5 4 

Ushant without (in 1 

Ditto ... 

Add 

i 

2 ^ 

Simons Bar (St.) .. 

. .America. 

Add 

5 5 

the Offing) . < 

4 o 

Skerries . 

..Wales .. 

Sub. 

4 40 




Skerries . 


Add 

2 20 

Valentia Harbour... 

.Ireland. . 

Add 

1 5 

Skye Island. 


Add 

3 35 

Vallery en Caux (St.) France .. 

Sub. 

3 10 

Sligo. 


Add 

4 20 

Vannes . 


Add 

3 20 

Slyne . 


Add 

2 50 

Vincent Cape (St.) .. 

. Spain ... 

Sub. 

0 10 

Smalls . 

..Wales .. 

Add 

3 25 

Vlie Passage . 


Sub. 

5 25 

Smerwick Bay .... 


Add 

l 5 




Smith’s Knowl .... 

..N. Sea.. 

Sub. 

2 25 

Wap pint; Dock Gates. London . 


0 0 

Solebay . 


Sub. 

3 55 

Wardhuys . 

. Lapland . 

Add 

1 35 

Somme River . 


Sub. 

3 55 

Wallet . 

.R. Tham. 

Sub. 

3 10 

Southampton . 


Sub. 

2 40 

Watchet . 

. Bris. Ch. 

Add 

4 20 

Southwould . 


Sub. 

5 25 

Waterford Harbour . 

. Ireland. . 

Add 

3 5 

Spain (N. Coast of) 

..B. of Bis 

Add 

0 35 

Weems . 

. Scotland . 

Sub. 

0 25 

Spithead . 


Sub. 

4 55 

Weser River (ent. to) 

. Germany 

Sub. 

2 25 

Spurn Point. 


Add 

2 50 

Weilings . 

. France .. 

Sub. 

0 55 

Stadtland . 


Sub. 

2 25 

Wells. 

. England. 

Add 

3 5 

Staples . 

Start Point. 


Add 

Add 

0 5 
3 30 

West India Dock gates I T . 
(Biaek«raUout.l..f Lonilon 

Sub. 

0 30 

Staxigo. 


Sub. 

5 10 

Wexford Harbour... 

. Ireland. . 

Add 1 

5 5 

Stockton . 


Add 

2 5 

Weymouth . 


Add 1 

3 50 

Stonehaven . 


Sub. 

1 25 

Whitby . 

. Ditto ... 

Add 1 

1 20 

Strangford Bay .... 


Sub. 

3 55 

Whitehaven . 

. Ditto ... 

Sub. 1 

3 10 

Stromness . 


Sub. 

5 25 

Wick . 

. Scotland . 

Sub. 1 

5 10 

Studwal’s Road .... 


Add 

5 35 

Wicklow . 

. Ireland. . 

Sub. 

5 25 

Sunbury . 


Sub. 

4 55 

Wilmington . 

. America . 

Sub. 

3 25 

Sunderland. 


Add 

1 10 

Winchelsea. 

.England. 

Sub. 

1 40 

Swansea . 


Add 

3 35 

Winterton . 

. Ditto .. . 

Add 

5 50 

Sweetnose. 


Sub. 

2 25 

Wisbeach. 

. Ditto ... 

Add 

5 5 

Swin. 


Sub. 

2 25 

Woodbridge Bar .... 

.Ditto ... 

Sub. 

2 55 





Woolwich .... 

. Ditto ... 

Sub. 

0 30 

Tay Bar . 


Sub. 

0 25 

Wrath Cape . 

. Scotland . 

Add 

5 50 

Tees River .. 


Add 

1 5 




Telling (Cape) .... 


Add 

3 35 

Yarmouth Roads .... 

.England.' 

Sub. 

5 40 

Terceira . 


Sub. 

2 40 

Yarmouth Sands (B.of)Ditto .. J 

Sub. 

3 55 

Tervere . 


Sub. 

0 55 

Yarmouth . 

.Is. of W. 

Sub. 

4 55 

Texel (entrance to) . 

.. Ditto ... 

Add 

4 20 

York Fort. 

• Hud. Bay 

Sub. 

5 15 

Texel (Road). 


Add 

5 20 

Yorkshire Coast .... 

.England. 

Add 

3 35 

Thames River (Mouth) England . 

Sub. 

2 25 

Youghall. 

. Ireland .. 

Add 

2 5 

Tmmouth . 


Add 

0 35 




Tod Head . 


Sub. 

1 55 

Zuder Zee ......... 

.Holland. 

Sub. 

0 55 

Topsham . 


Add 

4 40 

Zuric Zee . 

. Ditto ... 

Add 

0 35 

Torbay . 


Add 

3 45 







































































































PILOTS AND PILOTAGE. 


153 


CHAPTER V. 


OF PILOTS AND PILOTAGE. 

Within the jurisdictions of the Trinity-house, Deptford Strond ; the 

Cinque Ports; the Ports of Liverpool and Leith ; and the Eastern 

Ports of Great Britain. 

CINQUE PORTS. 

The business of a pilot is to conduct ships or vessels into roads or har¬ 
bours, over bars or sands , or through intricate and dangerous channels, 
being occasionally called in to the master’s assistance when sailing as 
above, or by unknown shores, and diffident of his own skill and judg¬ 
ment ; though in many parts, where the approach or entrance to har¬ 
bours, &c. is hazardous and difficult, the taking a pilot is not a voluntary 
act, but obligatory on the master; otherwise, in case of a loss, he must 
make it good. After a pilot is taken on board, the master has no 
longer any command of the ship till she is safe in harbour; but then 
the master resumes the government of her, and is to see her bed and 
lying, the pilot being no longer liable, though for his own convenience 
he may still be on board. The same rule holds good, if a pilot goes 
on board only to conduct a ship through some dangerous place, as, for 
instance, Yarmouth Roads; after passing them, the master must re¬ 
sume the command, and the pilot is no longer responsible. Yet it may 
happen that the pilot shall continue on board for the remainder of the 
voyage ; for example, he may want to go to Newcastle ; but he is only 
to be considered as a common passenger, after he has conducted the 
ship through the hazardous passage, for which purpose he came on 
board; neither can he charge any wages, salary, or fee, though he 
should keep the helm during the whole voyage, except for the duty 
done in passing the roads. 

If a master of a ship finds himself, in tempestuous weather, in any 
reputed dangerous place, usually denominated pilot's water, and a pilot 
offers to come on board, which offer he refuses to accept, the master is 
liable to his owners, freighters, or insurers, for the damage or loss of 
ship and cargo, if either happen for want of a pilot. 

The master of an English collier is held by the Flemings and the 
Dutch to be a pilot sufficient to conduct his ship from Newcastle to 
their ports; accordingly, in a case of a ship freighted at Shields, by a 
Flemish merchant at Ostend, with coals for that port, he refused to 
allow the charge of a pilot: the affair was referred to arbitration, the 
British vice-consul, Mortimer, being one of the arbitrators; when it 
appeared that the ship was driven by stress of weather into Yarmouth 
Roads, which are pilot's water; and a pilot offering his service, he ac¬ 
cepted him. Had he done otherwise, he would have been answerable 
to the owners for the ship if it had been lost, and to the freighter for 
his coals; it was therefore decided, that the freighter was bound to 
allow the pilotage. Piloting is allowed in most charter-parties, but not 
for those made tor colliers in England. 



154 


PILOTS AND PILOTAGE. 


6 Geo. IV. c. 125. 

“ An Act for the Amendment of the Law respecting Pilots and Pilot¬ 
age ; and also for the better preservation of Floating L ights, Buoys, 

and Beacons .” 

The first section reeites—Whereas by certain acts of parliament, and 
more particularly by an act passed in the 52 Geo. III. c. 39. certain 
additional powers and authorities were vested in the corporation of 
Trinity-house of Deptford Strond, and the Society or Fellowship of 
Pilots of Dover , Deal , and the Isle of Thanet, commonly called the 
Cinque Port Pilots , as also the corporation of the Trinity-house of the 
ports of Hull and Newcastle ; and whereas another act was passed, 55 
Geo. III. c. 87, respecting pilotage, and the provisions of the said acts 
have been found inadequate and insufficient, and it is expedient that the 
same should be repealed, and that the several provisions should be im¬ 
proved and amended, and consolidated in one law; and it is enacted, 
that the same and all and every the clauses, provisions, powers, penal¬ 
ties, forfeitures, matters, and things relating to pilots appointed by the 
said corporation of Deptford Strond, &c. which are contained in any 
act or acts of parliament, are repealed. 

The corporation of Trinity-house of Deptford Strond to license pilots 
to act within certain limits .—After the passing of this act, it shall be 
lawful for the corporation of Trinity-house of Deptford Strond, after due 
examination, to appoint and license, under their common seal, com¬ 
petent persons duly skilled to act as pilots, for the purpose of conduct¬ 
ing all ships sailing, as well up and down or upon the rivers of Thames 
and Medway, and all the channels, creeks, and docks thereof, between 
Orfordness and London-bridge, and also from London-bridge to the 
Do wns , and from the Downs westward as far as the Isle of Wight, and 
in the English channel, from the Isle of Wight up to London-bridge; 
and all ships (except as hereinafter provided) shall be piloted within 
the limits aforesaid by such pilots, and by no other pilots whomsoever.* 

§ 2 -. 

A o person shall be licensed by the corporation, except as herein speci¬ 
fied. —No person shall be licensed by the said corporation of Trinity- 
house of Deptford Strond as a pilot, who shall not have served as mate 
for three years on board of, or who shall not have been for one year in 
the actual command of a square-rigged vessel of not less than eighty 
tons register tonnage, as to licences for the North channel upwards , 
and not less than 150 tons register tonnage, as to licences for the North 
channel , Queen's channel , South channel, or other channels downwards, 
or who shall not have been employed in the pilotage service of the 
corporation for seven years, or who shall not have served an apprentice¬ 
ship of five years to some pilot vessel licensed under 52 Geo. III. or 
under this act; and no person so licensed shall take charge as a pilot of 
any ship drawing more than fourteen feet water in the rivers Thames 
or Medway, or any of the channels leading thereto or therefrom, until 
such person shall have acted as a licensed pilot for three years, and shall 
have been after such three years, on re-examination, approved of by the 
said corporation of Trinity-house, on pain of forfeiting i?10 for every 
offence, as well by the person acting as such pilot, as also by the master 
of such ship who shall permit any such person to take charge as a pilot 
of the same. § 3. 


* But see page 177. 



PILOTS AND PILOTAGE. 


155 


Pilots to pay annually £3. 3s. and also 6d. in the pound on their 
earnings. —Every pilot already licensed, or to be licensed by the said 
corporation, (except only such pilots as have been or shall be so 
licensed by the said corporation, upon their receiving certificates of 
examination by any sub-commissioners of pilotage,) as in 52 Geo. III. 
and hereinafter directed in lieu and satisfaction of all the ancient duties 
heretofore payable by such pilots to the said corporation, shall here¬ 
after pay to the said corporation, or to such person as they shall ap¬ 
point to receive the same, three guineas, in the month of January 
yearly; and every pilot so licensed or to be licensed, as well upon 
receiving such certificates as aforesaid, as otherwise howsoever, shall 
also from and after the first of July 1826, pay to the said corporation, 
or to such person, and at such places and times as the said corporation 
shall appoint, a certain poundage of sixpence in the pound upon all the 
pilotage earned by every such pilot, from the said first of July inclu¬ 
sive, on pain of forfeiture for default of any of the payments, or for any 
concealment or fraud therein, double the amount payable, and of being 
suspended or dismissed from acting as a pilot, at the discretion of the 
corporation ; which said payments hereby directed to be made shall be 
carried to and applied to the purposes of the pilot’s fund of the said 
corporation hereinafter mentioned. § 4. 

The corporation of Trinity-house shall appoint sub-commissioners to 
examine pilots at the requisite ports. —It shall be lawful for the said cor¬ 
poration of Trinity-house of Deptford Strond, and they are hereby 
required to appoint (as often and for such periods as they think fit) pro¬ 
per and competent persons, at such ports in England as they may think 
requisite, (except within the liberty of the cinque ports, and all such 
other ports for which particular provision shall have been made by any 
act or acts, or by any charter or charters for the appointment of pilots,) 
not to exceed five nor less than three persons at each port, which persons 
so to be appointed shall be called sub-commissioners of pilotage, and 
shall take the oath in the schedule hereunto annexed, marked (C.)* for 
the faithful discharge of their duty; and such persons shall examine, 
and are authorized (so long as their deputations shall not be revoked 
or superseded by the appointment of other persons) to examine into 
the qualifications of persons to act as pilots for such ports and the ad¬ 
joining coasts specified in their deputations : and it shall be lawful for 
the said corporation, upon receiving a satisfactory certificate under the 
hands of any three, where the whole number at any port shall consist 
of four or five, and of any two where the whole number shall consist of 
three, that the person examined is duly qualified to act for such port 
and the adjoining coasts, to give a licence to such person to act as a 
pilot within the limits (describing the same) for which he shall have 
passed such examination. § 5. 

Trinity-houses of Hull and Newcastle may appoint sub-commis¬ 
sioners. —It shall be lawful for the corporations of the Trinity-houses of 
the ports of Hull and Newcastle, to appoint sub-commissioners of 


* I. A. B. do swear, that I will diligently and impartially examine into the capacity 
and skill of in the art of piloting ships and vessels into the road 

stead, port or harbour, and upon the coasts following ; videlicet (here describe the limits 
within which the person examined is intended to act as pilot,) and will make true and 
speedy return thereof to the corporation of the Trinity-house of Deptford Strond, with¬ 
out favour, affection, fee or reward, other than such fee or reward as is allowed by the 
by-laws and regulations duly established in that behalf. So help me God. 



156 


PILOTS AND PILOTAGE. 


pilotage to examine pilots, and give licences for them to pilot ships into 
or out of any ports, within the limits of their jurisdictions : Provided, 
that such sub-commissioners as have been already appointed, either by 
the said corporation of Trinity-house of Deptford Strond, or by the said 
corporations of the Trinity-houses of the ports of Hull and Newcastle, 
under the authority of any act or acts heretofore passed, shall continue 
to act in the same manner as if appointed under this act. § 6. 

Notice of appointment of pilots by the corporation of Trinity-house 
of Deptford Strond. —When and as soon as the said corporation of 
Trinity-house of Deptford Strond shall have licensed pilots for any par¬ 
ticular port, and the coasts near, they shall cause notice of such licences 
to be published by fixing up such notice in writing at the Trinity-house, 
and at the Custom-house in London, and also at the Custom-houses 
of the ports for which, and for the coasts near the same, such licences 
shall be granted, and shall also afterwards cause such notice to be pub¬ 
lished in the London Gazette, and in one or more of the new spapers 
circulated in that part of the country where the ports shall be situated, 
which publication in the London Gazette shall be sufficient evidence of 
such notice having been given; and after a time to be limited in the 
said notice, which shall not in any case be less than six weeks from the 
publication thereof, and shall be proportionably more at the discretion 
of the said corporation, in relation to ships engaged in foreign voyages, 
all ships sailing into or out of the said ports, or upon the coasts thereof, 
(except as hereinafter mentioned) shall be piloted by such pilots only 
as shall be so licensed, and by no other pilots whomsoever. § 7. 

Corporation of Trinity-house shall establish rates for pilotage. —It 
shall be lawful for the said corporation of Trinity-house of Deptford 
Strond, and they are hereby required to establish, vary, and alter from 
time to time, as circumstances shall render the same necessary, rates of 
pilotage, in relation to all pilotage performed in any river, port, or 
place, or upon any coast whatever, by any pilot already licensed, or 
who shall be licensed by the corporation, upon their receiving certifi¬ 
cates of examination from sub-commissioners, and proportioned as well 
to the size and draught of water of the vessels, as to the distance 
piloted, the detention and responsibility of the pilot, and other circum¬ 
stances ; of which establishment or alteration of rates notice shall be 
given, by hanging up printed tables thereof, corrected from time to 
time at the several Custom-houses at the ports to which the said rates 
apply ; and no greater or less rates, or other reward for pilotage, shall 
under any pretence whatever, be demanded, received, paid, or offered, 
on pain of forfeiting ,£10 for every offence, as well by the person 
demanding, or receiving, as by the person paying or offering: Pro¬ 
vided that ships returning by distress of weather, contrary winds, or on 
account of accident, into ports in the districts of the Isle of Wight, 
Plymouth, and Falmouth, shall be subject to pay one-half of the com¬ 
mon pilotage in the said ports. § 8. 

Majority of pilots, or any ship-owner , being dissatisfied with rates , 
may appeal to privy council. —If the major part in number of die pilots 
licensed by the said corporation of Trinity-house of Deptford Strond, 
for any particular port, shall be dissatisfied with the rates; or in case 
any owner of any ship interested in such rates shall be dissatisfied 
therewith, it shall be lawful for such parties to appeal to his Majesty, 
in his privy council, and for any committee of such privy council, call¬ 
ing to their assistance such persons as they may think fit, to hear the 
matter of such appeal, and to settle, alter, and regulate such rates as to 


PILOTS AND PILOTAGE 


157 


them shall appear expedient, in case the matter of appeal shall, in the 
discretion of the privy council, or committee, appear to require the 
taking of any order therein. § 9. 

Licences to be granted for one year and renewable. —All licences to 
be granted under this act, by the said corporation of Trinity-house of 
Deptford Strond, shall be granted in the first instance until the 31st 
day of January next ensuing the date thereof; and the same licences, 
and also all licences heretofore granted by the said corporation which 
shall be in force at the time of the passing this act, shall be renewed 
and confirmed from year to year, up to and until the 31st day of January 
in every year, and no longer, at the discretion of the corporation, such 
renewal and confirmation to be by indorsement on such licences, 
signed by the secretary to the corporation, or by such other person or 
persons as shall be thereunto authorized by the corporation. § 10. 

Corporation of Trinity-house may make by-laws and annex penal¬ 
ties for breach of them. —All persons licensed to act as pilots, or in 
pilot vessels, by the said corporation of Trinity-house of Deptford 
Strond, by virtue of this act, shall at all times be subject to the regu¬ 
lations and government of the corporation, who are authorized, as well 
for ensuring the good conduct and constant attendance of such pilots 
upon duty, as for enforcing the general purposes of this act, from time 
to time to make all such by-laws, rules, orders, regulations, and ordi¬ 
nances as they think fit, therein directing also what annual or other 
sums shall be paid by any such pilots to the sub-commissioners for the 
examination of such pilots, and for granting and renewing or confirm¬ 
ing their licences from time to time ; and it shall be lawful for the said 
corporation to annex such reasonable penalties for the breach of such by¬ 
laws as to them shall seem expedient, and from time to time to annul, 
alter, and amend all or or any of the existing by-laws, and to make such 
other and new by-laws, as they think proper, so as such by-laws be made 
conformable to the true intent of this act, and shall not be repugnant 
to the laws of this realm: Provided always, that no by-laws, rules, 
orders, regulations, or ordinances hereafter to be made by the said 
corporations, shall have force or effect before they shall have been 
examined, sanctioned, and approved by the chief-justice of the court of 
king’s bench, or by the chief-justice of the court of common pleas, the 
sanction and approbation of either of which chief-justices shall be 
verified under his hand and seal ; and all such by-laws, rules, orders, 
regulations, and ordinances, when so made and confirmed, shall be 
observed and kept and put in execution, and have the same force and 
operation, to all intents as if the same were enacted by this act. § 11. 

Proposed by-laws to be previously transmitted to the privy council 
and to the commissioners of customs. —Copies of all such proposed by¬ 
laws, rules, orders, regulations, and ordinances, shall be transmitted 
to his Majesty’s privy council, and to the commissioners of customs ill 
London, three calendar months before the same shall be submitted to 
such chief-justice; and the commissioners of customs are, upon re¬ 
ceipt of such copy, to cause the same to be printed and hung up, as 
soon as can be, in the several custom-houses of the principal ports in 
Great Britain, there to be open to the inspection of all persons in¬ 
terested therein, at all seasonable times; and notice shall be given in the 
Gazette of such proposed by-laws being so hung up for inspection. § 12. 

By-laws confirmed to be hung up in the custom-houses and the 
Trinity-house. —All such by-laws, rules, orders, regulations, and or¬ 
dinances as shall be so made and confirmed as aforesaid, shall be 


158 


PILOTS AND PILOTAGE. 


printed, and shall be hung up in some public or conspicuous place in 
the several custom-houses of the ports of England, within the limits 
for which the pilots shall be licensed, and also at the Trinity-house in 
London. § 13. 

The lord warden of the cinque 'ports to license pilots within certain 
limits. —From and after the passing of this act, it shall be lawful for 
the lord warden of the cinque ports and constable of Dover castle, or 
his lieutenant, and they are hereby required, to appoint and license fit 
and competent persons duly skilled as pilots, for the purpose of conduct¬ 
ing all ships sailing from or by Dungeness , up the river Thames and 
Medway to* London-bridge and Rochester-bridge, and all the channels, 
creeks, and docks of the same, and from the south buoy of the Brake to 
the westward, as far as the west end of the Owers ; and all ships sailing 
as aforesaid (except as hereinafter provided) shall be piloted within the 
limits aforesaid by such pilots, and by no other pilots whomsoever: 
Provided always, that it shall be lawful, after the passing of this act, 
for any pilots heretofore licensed by the said lord warden and constable, 
or his lieutenant, to pilot any ship within such limits as such pilots 
might have piloted the same immediately before this act; and the 
licences so heretofore granted to such pilots shall continue in force not¬ 
withstanding this act, so that such pilots do in all things conform them¬ 
selves to the provisions of this act, and the regulations hereinafter 
directed. § 14. 

No person shall take charge of any ship as a cinque port pilot , till he 
has been examined and admitted. —No person shall, after the passing 
of this act, take charge of any ship or vessel, as a pilot belonging to the 
society or fellowship of pilots of Dover, Deal, and the Isle of Thanet, 
commonly called cinque port pilots, before he shall be examined by the 
master and two wardens, or by four wardens, of the said society or fel¬ 
lowship, and shall be approved and admitted into the society or fellow¬ 
ship by the lord warden of the cinque ports, and constable of Dover 
castle, or his lieutenant; and if any person shall presume to act as a 
pilot belonging to the said society or fellowship, without having been so 
examined, approved, and admitted, every such person shall for the first 
offence forfeit .£10, for the second £20, and for every other offence 
£40. §15. 

Nor of ships drawing more than certain draughts of water. —No 
person belonging to the said society or fellowship of pilots of Dover, 
Deal, and the Isle of Thanet, commonly called cinque port pilots, shall 
after the passing of this act be allowed to take charge as a pilot of any 
ship drawing more than eleven feet six inches water, until he shall have 
been licensed and acted as a pilot for three years ; or of any ship draw¬ 
ing more than fourteen feet water, until he shall have been licensed and 
acted as a pilot for two years more, making years; or of any ship 
drawing more than seventeen feet water, until he shall have been 
licensed and acted as pilot two years more, making seven years in the 
whole ; and at the expiration of such period of seven years, such pilot 
shall be again examined as to his fitness, and if he shall be approved of 
and licensed on such examination, shall be authorized and entitled to 
take charge of any ships of any draught of water. § 16. 

Master and wardens of the fellowship shall take a certain oath .— 
The master and such wardens of the said society or fellowship of 
pilots of the Trinity-house of Dover, Deal, and the Isle of Thanet, as 
shall be appointed from time to time to examine into the skill and 


* But see 9 Geo. IV. c. 86. page 177. 



PILOTS AND PILOTAGE. 


159 


ability of any person on his being 1 first admitted as a pilot into the 
said society or fellowship, or after he shall have been licensed and 
served for seven years, shall take the oath marked (B.)* in the sche¬ 
dule annexed, to be administered unto him or them by the registrar of 
the court of loadmanage. § 17. 

A number of cinque port pilots shall constantly ply at sea. —A pro¬ 
per and sufficient number of pilots of the cinque ports, not less than 
eighteen at one time, and in succession from time to time, without in¬ 
termission or any unnecessary delay, shall at all seasonable times, by 
day and night, constantly ply at sea, or be afloat between the South 
Foreland and Dungeness, to take charge of ships coming from the 
westward; and such pilots shall not allow any ship having a signal 
for a pilot flying, to pass without attempting to board her; and upon 
proper signals being made at and from signal-houses now erected, or 
which may be erected on commanding situations near to Dover for 
that purpose, giving notice of the approach of any fleet of ships coming 
from the westward, all cinque port pilots not on duty at the time 
shall, according to such regulations as to number, rotation, or other¬ 
wise, as have been or shall be made in that behalf, forthwith prepare 
to go afloat, and shall go off in sufficient time to fall in with such ships, 
on pain of forfeiting, in case of neglect, for the first offence <£20, and for 
the second the offender shall be suspended from acting as a pilot for 
twelve months, and for the third shall forfeit his licence to act as such 
pilot, and be rendered incapable of acting thereafter as a pilot. § IB. 

Masters of ships from the westward not having a pilot shall display a 
signal for one , and facilitate his getting on board. —The master of 
any ship coming from the westward, and bound to any place in the 
rivers Thames or Medway, not having a qualified cinque port pilot on 
board, shall on the arrival of such ship off Dungeness, and until she 
shall have passed the south buoy of the Brake, or a line to be drawn 
from Sandown castle to the said buoy, or have been at anchor for one 
hour, as hereinafter mentioned, display and keep flying the usual sig¬ 
nal for a pilot to come on board; and if any duly qualified cinque 
port pilot shall be within hail or approaching within half a mile, with 
the proper distinguishing flag flying in his vessel or boat, the master 
shall by heaving to in proper time or shortening sail, or by all practi¬ 
cable means, facilitate such pilot getting on board, and shall give 
the charge of piloting his ship to such cinque port pilot; and every 
person commanding any such ship, who shall not display and keep 
flying the usual signal for a pilot, (unless in the mean time a qualified 
cinque port pilot shall have come on board,) or who shall within the 
limits aforesaid decline to take on board the first qualified cinque port 
pilot who shall offer, or to give charge of his ship to such qualified 
cinque port pilot, or who shall not heave to, shorten sail, or otherwise 
consistently w ith the safety of the ship facilitate such pilot’s coming on 
board, shall forfeit and pay double the amount of the pilotage of such 
ship : Provided always, that if any ship coming from the westward, 
and bound to any place in the rivers Thames or Medway, shall anchor 


* I, A. B.y do swear that I will diligently and impartially examine and inquire into 
the capacity and skill of , in the art of piloting ships and vessels over 

the flats and round the Long Sand Head, and up the rivers of Thames and Medway, 
and into Ramsgate, Dover, Sandwich, and Margate harbours, and also upon the coasts 
of Flanders and Holland, and will make true and speedy return thereof to the lord 
warden of the cinque ports for the time being, or his deputy, without favour, affection, 
fee or reward. So help me God. 



160 


PILOTS AND PILOTAGE. 


any where in the Downs between the South Foreland, and a line drawn 
from Sandown castle to the south buoy of the Brake, having any 
licensed pilot other than a qualified cinque port pilot on board, it 
shall not be necessary for the master to display or keep flying the 
usual signal for a pilot to come on board, any longer than for one 
hour next after such ship shall so have anchored ; and it shall be law¬ 
ful for any qualified cinque port pilot at any time before such ship 
shall have been at anchor one hour with such signal flying, to repair 
on board, and to take charge of her up the said rivers, but not other¬ 
wise. § 19. 

Court of Loadmanage to settle the compensation to be paid to upper 
book pilots by lower book pilots. —It shall be lawful for the court of 
loadmanage from time to time to settle the amount of the deductions 
to be made from the rates received by lower book pilots, for taking 
charge of vessels of greater draught of water than they could before 
the passing of 52 Geo. III. by law take, and in what proportions and 
how, and in what manner, and to whom the same are to be paid, and 
how the same shall be applied in making compensation to the persons 
who were upper book pilots at the time of the passing of the said act, 
for the losses they may sustain by such lower book pilots taking charge 
of such vessels, provided that such deductions so to be fixed shall from 
time to time be diminished as such persons who were so upper book 
pilots at the time of the passing of the said act shall die, be super¬ 
annuated, or discontinue to act as pilots, and such deductions shall be 
accepted-in lieu of all other allowances whatsoever from the said lower 
book pilots, except trinity money, clerks’ fees, and for widows. § 20. 

Cinque port pilots to be subject to the regulations of the lord warden .— 
All persons licensed or to be licensed to act as cinque port pilots shall 
at all times be subject to the regulations and government of the lord 
warden of the cinque ports and constable of Dover castle, and it shall 
be lawful for the master and wardens of the said society or fellowship 
of pilots of Dover, Deal, and the Isle of Thanet, and the lord warden 
of the cinque ports and constable of Dover castle, his lieutenant, and 
deputy lieutenant, or either of them, with the assent of the commis¬ 
sioners of loadmanage, present at an assembly called a court of load¬ 
manage to be held by the said lord warden or his deputy, as and when 
they shall see fit, to annul, alter, or amend the rules and regulations 
of the said lord warden or court of loadmanage, in force at the time of 
the passing of this act, and which are hereby directed to remain in 
force, and to make from time to time such other sufficient rules and 
orders for enforcing the due observance of the provisions of this act 
by all cinque port pilots, and for providing for the good government, 
constant attendance, and regulation of all such pilots in going off to 
and taking charge of, and conducting and navigating his Majesty’s 
ships and vessels, and the ships and vessels in his Majesty’s employ, 
and also all ships and vessels whatever and wheresoever, within the 
proper limits of such pilots, and wherein they shall for the time being 
act; and for effectually securing the performance of all the duties and 
services of such pilots at all times, and all alterations and amendments 
in such rules and regulations in force as aforesaid, and all other rules 
and regulations, or alterations or amendments thereof, hereafter to be 
made, shall, before the same are allowed to take effect, on any person 
or persons whatever, be printed and transmitted to the custom-house 
in London, and there hung up in some conspicuous place in the long 
room ; and notices shall be published in the Gazette, and put up at the 


PILOTS AND PILOTAGE. 161 

custom-houses in the cinque ports, for inspection, for one calendar 
month, in order that any persons interested therein, whether as owners 
or masters, of ships, or pilots, or otherwise, may transmit to the lord 
warden of the cinque ports, or his lieutenant, any objections which 
they may have thereto, for the purpose of the same being altered or 
confirmed; and if no objection shall be proposed, within the space of 
thirty days after the notices, they shall have the same force and effect as 
all other rules and regulations for the government of pilots within the 
jurisdiction of the cinque ports have ; but if an objection shall be made 
to the lord w arden, or his lieutenant, by or on behalf of any person or 
persons, within thirty days after publication, then the operation thereof 
shall be suspended until reference shall be had to his Majesty’s privy 
council, who are to hear, as well any person who shall be deputed 
by the court of loadmanage, as by the persons objecting, and finally 
to decide as to the confirming, altering, or rejecting such rules 
or regulations, wdiioh decision of the privy council shall be binding on 
all parties; and copies of such rules and regulations shall be delivered 
to every member of the said society or fellowship, and also to every 
new member of the said society on his election ; and a copy or extract 
thereof shall be at all times in the possession of every pilot belonging 
to the cinque ports; and it shall be lawful in such rules and regula¬ 
tions to establish rates of payment out of such surplus earnings of the 
lower book pilots, as may arise from their being allowed to take the 
higher classes of ships, in the absence of pilots of the upper book, un¬ 
der this act, for the better support and maintenance of the upper book 
pilots, and also penalties and forfeitures for the enforcing such rules 
and regulations, and better ordering of the said pilots, and for suspend¬ 
ing or depriving any of the said pilots of their licences for break¬ 
ing such rules or orders, or omitting to do any thing required by the 
same to be done, or for acting in anywise contrary to such rules or 
orders. §21. 

If such rules shall be defective , the privy council shall amend. —If 
any such rules and regulations hereafter to be made in relation to 
cinque port pilots shall appear to be, in any material point, erroneous, 
it shall be law ful for the owner of any ship, or other person interested 
in the matter of such rules or regulations, to apply to his Majesty’s 
privy council, who shall thereupon amend, correct, or enlarge the 
same, or cause such other proper rules and regulations to be drawn 
up for the purposes aforesaid : which rules and regulations shall 
be distributed, published, and made use of in such manner as his 
Majesty’s privy council shall appoint; and the same shall take effect 
from such time as in the said rules or regulations shall be expressed. 
§ 22 . , 

As to the number of cinque port pilots , and how to be increased.— 
Until the number of such pilots shall by death or otherwise be re¬ 
duced below one hundred and twenty, or shall be added to, as herein¬ 
after mentioned, it shall not be lawful for the lord warden and con¬ 
stable of Dover castle, or his lieutenant, without special permission 
given by his Majesty’s privy council, upon the recommendation of the 
said corporation of Trinity-house of Deptford Strond, to fill up any 
more than each alternate vacancy which shall arise in the number of 
such pilots: Provided always, that twenty cinque port pilots more, or any 
less number, maybe added to the then existing number whenever such 
addition shall be directed to be made by an order of such privy coun¬ 
cil, upon application thereto for that purpose by the said corporation 

M 


162 


PILOTS AND PILOTAGE. 


of Trinity-house, and in like manner from time to time, so as th& 
number of cinque port pilots shall not at any one time exceed one 
hundred and eighty, of which said reductions or additions notice shall 
be given by or under the authority of the lord warden of the cinque 
ports, in the London Gazette, and in one or more newspaper or 
newspapers circulating in the counties of Middlesex and Kent. § 23. 

The increased number of pilots shall be kept up. —Whenever such 
additions to the number of the said pilots shall take place, the num¬ 
bers so increased shall be kept up by the appointment of pilots in 
succession, as often as any vacancies shall happen by death, inca¬ 
pacity, or dismission : Provided always, that in time of peace no more 
than each alternate vacancy in the number of cinque port pilots shall 
be filled up without a special permission given by his Majesty’s privy 
council, upon the recommendation of the corporation of Trinity-house, 
unless the number shall at the time be reduced below one hundred and 
twenty, in which case such vacancy shall be filled up without such 
permission. § 24. 

Rates in tables may be demanded by pilots , and no greater or 
less. —From and after the passing of this act, the respective rates or 
prices hereinafter enumerated in the tables (A. and B.) respectively in 
the schedule marked (A.) to this act annexed, may be lawfully de¬ 
manded and received by any pilot licensed by the Trinity-house, or by 
the lord warden of the cinque ports and constable of Dover castle, or 
his lieutenant, for the piloting of any ship from place to place, as 
expressed in the said tables, and no greater or less rates or other re¬ 
ward or emolument shall, under any pretence whatever, be demanded, 
solicited, received, paid, or offered, than such rates, on pain of for¬ 
feiting <£10. § 25. 

Rates may be varied by the corporation of Trinity-house and lord 
warden of the cinque ports with the consent of the privy council .— 
Provided always, that it shall be lawful for the said corporation of 
Trinity-house of Deptford Strond, (as to the said rates to be received 
by pilots licensed by the said corporation,) and for the said lord war¬ 
den of the cinque ports and constable of Dover castle, or his lieu¬ 
tenant, (as to the said rates to be received by pilots licensed by the 
said lord warden and constable, or his lieutenant,) at any time or 
times hereafter, with the consent of his Majesty, in his honourable 
privy council, to increase, reduce, alter, or modify all or any or either 
of the said rates enumerated in the said tables, or to substitute other 
rates in lieu thereof, and the same rates so increased, reduced, altered, 
modified, or substituted, again in like manner to increase, reduce, 
alter, or modify, or others to substitute in lieu thereof, and to fix the 
period (not less than three calendar months from the notice herein¬ 
after mentioned) from and after which such altered or substituted 
rates are to be demanded ; of which rates, and of the period from and 
after which the same are to be demanded, notice shall be given, by 
hanging up printed tables thereof in some public place in the Custom¬ 
house of London, and also at the Trinity-house in London ; and after 
the period specified in such last-mentioned tables, the rates therein 
enumerated may be demanded and received by any pilot instead of the 
said rates mentioned in the said tables marked (A. and B.;) and after 
such period, no greater or less rates or other reward or emolument, 
shall, under any pretence whatever, be demanded, solicited, received, 
paid, or offered, on pain of forfeiting *<§£10. § 26. 

Persons applying for licences shall execute a bond for securing obe 


PILOTS AND PILOTAGE. 


163 


dience to the by-laws. —Every person, who shall apply for a licence 
to act as a pilot by virtue of this act, shall, before any licence shall 
be granted to him, execute a bond in a penal sum, at the discretion 
of the corporation of Trinity-house of Deptford Strond, or of the lord 
warden of the cinque ports and constable of Dover castle, or his lieu¬ 
tenant, to an amount not exceeding ,£100, to be paid to the said cor¬ 
poration, or to the society or fellowship of pilots of Dover, Deal, and 
the Isle of Thanet, (as the case may be,) their successors or assigns, 
with a condition subjoined for better securing the due obedience of 
such pilot to the by-laws, rules, orders, regulations, and ordinances, 
which bond shall be capable of being given in evidence in any court 
of law or equity, without being stamped : Provided always, that all 
bonds before given by pilots under any former acts shall continue in 
force, unless new bonds shall be required by the said corporation, or 
by the said lord warden and constable, or his lieutenant, in which 
case new bonds shall be given. § 27. 

By-laws under former act to remain valid , unless-altered by this 
act. —All by-laws, rules, orders, regulations, and ordinances made 
under the act of 48 Geo. III. or 52 Geo. III. in force at the time of 
passing this act, shall remain in full force, until the same shall have 
been annulled or altered, or other by-laws, rules, orders, regulations, or 
ordinances made in lieu thereof under this act. § 28. 

Licences may be revoked , annulled , or suspended. —As well every 
such licence so granted, or to be granted, renewed, or confirmed, by 
the said corporation of Trinity-house of Deptford Strond as aforesaid, 
as also every such licence so granted or to be granted by the said lord 
warden of the cinque ports and constable of Dover castle, or his lieu¬ 
tenant, may be annulled, suspended, or adjudged to be forfeited, in 
such manner and at any such time as to them the said corporation 
and lord warden, or his lieutenant, shall seem meet, as well during as 
at the end of the period for which such licences shall have been 
granted, renewed, or confirmed. § 29. 

Pilots so suspended may appeal to the privy council. —Every pilot 
whose licence shall be revoked, annulled, suspended, or adjudged to 
be forfeited, or who shall be suspended from acting as a pilot, may, at 
any time within six months next after, and upon giving notice to the 
corporation or other authority, and every person who, having com¬ 
plained of any such pilot, shall be dissatisfied with the adjudication 
upon the matter of complaint by the corporation or other authority, 
may, within six months next after such adjudication, and upon giving 
notice to the corporation or other authority, appeal to his Majesty’s 
privy council, who shall thereupon hear the appeal, and confirm or 
annul any determination in the premises, or at their discretion make 
any special order as the case may require. § 30. 

Vessels to be licensed for having pilots in attendance at sea. —It shall 
be lawful for the said corporation of Trinity-house of Deptford Strond, 
and for the said society or fellowship of pilots of Dover, Deal, and the 
Isle of Thanet, and also for all other corporate bodies, or persons 
having lawful authority, to appoint pilots within the limits of their 
jurisdictions, to license vessels, of such size and description as shall 
appear to them to be proper, for the purpose of having pilots con¬ 
stantly in attendance in such vessels at sea, and to appoint, and from 
time to time to remove and again appoint the masters of such vessels, 
aud for the'better support of such pilot-vessels, it shall be lawful for 
any number of pilots, licensed by virtue of this .act, or otherwise 

M 2 


164 


PILOTS AND PILOTAGE. 


lawfully licensed, with the consent of the said corporate bodies, of 
persons by w'hom respectively such pilots have been appointed, to 
constitute a joint stock company or companies, for the providing 1 and 
maintaining of such pilot-vessels, which companies and the said ves¬ 
sels shall at all times be subject to such rules and regulations as shall 
be sanctioned and approved in that behalf by the corporate bodies, or 
persons by whom such pilots shall have been licensed. § 31. 

How pilot-boats are to be distinguished .—Every pilot boat or vessel, 
or other boat or vessel, in the pilot service of any corporation or 
society established by law, in relation to pilotage, or of or belonging 
to any person authorized to act as a pilot by such corporation or 
society, shall, at all times, and on every station, be fitted with black 
sides, and have the upper streak next the gunwale painted white, and 
shall while afloat carry a flag at the mast-head, or on a sprit or staff* 
or in some other equally conspicuous situation, which flag shall be of 
large dimensions, proportioned to the size of the boat or vessel, and 
shall be half red and half white, in horizontal stripes, of which the 
uppermost shall be white, and the same shall, at all times, be kept 
and preserved in a clean and distinct condition, so as to be easily dis¬ 
cerned at a proper distance j and every such boat or vessel shall also 
have the name of the principal pilot painted in broad white letters, of 
three inches in length, on a black ground, on her stern, and on each 
bow such number as shall be expressed in the licence of such prin¬ 
cipal pilot, which name and number shall not be concealed by any 
person at any time, on pain of forfeiting, for the omission or evasion 
of any of the provisions hereinbefore made, £20, to be paid by the 
senior pilot on board, who is hereby declared answerable for the due 
observance of the matters aforesaid, by every person on board such 
boat or vessel; and in case any pilot shall be carried off in any boat 
not in the service of any such corporation or society, such pilot shall 
exhibit a similar flag at the mast-head, or on a sprit or staff, to dis¬ 
tinguish that such boat has a pilot on board, on pain of such pilot so 
carried off forfeiting £20, unless he shall show reasonable cause for 
having omitted to exhibit such flag. § 22. 

Penalty for carrying flag without having pilot on board .—If any 
boat or vessel, not having a licensed pilot on board, shall without 
lawful authority carry such distinguishing flag, the owner or owners, 
or the master, displaying or carrying such flag, shall forfeit ,£100. 
§33. 

Boat running before a vessel, not having a pilot, and which cannot 
be boarded, entitled to pilotage .—If any boat or vessel shall run before 
any ship not having a licensed pilot on board, when such ship can¬ 
not, from circumstances, be boarded for the purpose of directing her 
course, until a pilot can be put on board, the pilot on board such 
boat or vessel, or if no pilot shall be on board, and the person having 
charge of her shall run her before such ship, at the request or by the 
direction of the master, then such person having charge of such boat 
or vessel shall be entitled to the full pilotage for the distance run, 
until a licensed pilot shall be put on board, as if such pilot or person 
had been actually on board such ship, and had the charge of her as a 
pilot, § 34. 

Name, Sfc. of pilots appointed to be transmitted to the Trinity-house , 
and a list of all pilots annually to the Trinity-house and Custom - 
house .—After the passing of this act, all bodies politic and corporate, 
and all other persons, authorized to appoint or license pilots in or for 


PILOTS AND PILOTAGE. 


165 

any port of England, or any of the seas, coasts, 1 arbours, or rivers 
thereof, or places therein, shall from time to time, as and when each 
appointment of a pilot shall be by them made, forthwith transmit to 
the corporation of Trinity-house of Deptford Strond, at the Trinity- 
house in London, and to the commissioners of customs, at the Cus¬ 
tom-house in London, the Christian and surname, age, and place of 
residence of every such pilot, distinguishing the limits within which 
such pilot is appointed to act, and by whom such appointment is 
made ; and the said bodies politic and corporate, and other persons, 
shall transmit to the said corporation of Trinity-house, at the Trinity- 
house aforesaid, and to the said commissioners of customs, at the 
Custom-house aforesaid, annually, on the thirty-first day of December, 
or within one calendar month afterwards, a list, corrected up to the said 
thirty-first day of December in each year, of the names and residences 
of all the pilots within their several jurisdictions, in which list so to 
be transmitted to the Trinity-house, shall be stated all such alterations 
(if any) as may have been made in the rates of pilotage charged, or 
in the rules and regulations for governing pilots within their districts. 
§35. 

Commissioners of customs to transmit to their principal officers at 
ports in England the names of pilots residing within the limits of each 
port. —The commissioners of customs shall from time to time transmit 
to the principal officers at the several ports in England, the names 
and residence of all pilots of whose nomination they shall receive 
notice from the proper authority, or who shall be in the list annually 
transmitted to such commissioners as shall reside within the limits of 
each port, in order that the said principal officers may be enabled to 
deliver to every pilot, within the limits c f such ports, copies of all pro¬ 
clamations or orders in council respecting the performance of quaran¬ 
tine by ships arriving from infected places, which the said officers are 
to communicate accordingly. § 36. 

List of vessels employed for pilotage to be annually transmitted to 
the receiver of sixpenny duty in the port of London. —The corporation 
of Trinity-house of Deptford Strond, and the court of loadmanage 
of the cinque ports, and all other corporations and persons autho¬ 
rized under any act of parliament or charter, shall annually, on the 
first of January in every year, or within one calendar month follow¬ 
ing, transmit to the office of the receiver of the sixpenny duty in the 
port of London a list of all vessels employed by them for pilotage, 
with the number of men and boys serving in such vessels. § 37. 

No pilot shall be taken to sea beyond his limits without his consent .— 
No pilot shall be taken to sea beyond the limits of his district by the 
commanding officer of any of his Majesty’s ships, or by the master of 
any other ship whatever, without such pilot’s free consent, except 
under circumstances of absolute necessity; and then every pilot so 
taken to sea shall over and above his pilotage receive 10s. 6d. per 
diem, to be computed from and inclusive of the day next after the day 
on which the ship shall pass the limit to which such pilot was engaged 
lo pilot her up to, and until he shall be returned to the port where he 
was taken on board, or until he shall have been discharged from the 
ship for a sufficient time to have enabled him to return there. § 38. 

Pilots shall qualify themselves , and conduct ships into and out of 
certain harbours of safety. —All pilots whose licences shall authorize 
them to pilot ships from any place to the westward up to London 
bridge, shall qualify themselves, and shall be examined as to their 


1 66 


PILOTS AND PILOTAGE. 


qualification to conduct any ship into and out of Ramsgate harbour, 
and the harbours of Dover, Sandwich, and Margate, and shall be 
obliged to pilot any ships into and out of the said harbours; arid if 
any such pilot shall refuse, such pilot shall forfeit all pay and reward 
to which he might otherwise have been entitled for the pilotage of 
such ship, and shall be subject to such fine or other punishment as 
shall be established by the by-laws. § 39. 

Provided always, that every licensed pilot who shall take charge of 
and conduct any ship into or out of Ramsgate harbour, or into or out 
of the harbours of Dover, Sandwich, or Margate, shall receive for such 
pilotage 5s. for every foot of the draught of water of the ship so 
piloted. § 40. 

Ships repairing to places for performance of quarantine. —The mas¬ 
ter commanding any ship bound to the River Thames, and which 
shall repair to Standgate Creek, or other place appointed for the per*, 
formance of quarantine, shall pay the full charges of pilotage up to 
Standgate Creek, or the place so appointed, and the pilot shall be 
entitled to the further sum of 8s. per diem for the days he shall be 
obliged to remain on quarantine. § 41. 

Pilots quitting ships in the Thames or Medway. —If any pilot taking 
charge of any ship into the Thames or Medway shall quit such ship at 
Gravesend or Standgate Creek, or in any other part of the Thames or 
Medway, before such ship shall have arrived at the place to which she 
is bound in the said rivers, without the consent of the captain, unless 
some other qualified pilot shall with such consent come on board, 
and shall take the charge of such ship, every such pilot shall forfeit 
all pay or reward to which he might be entitled for having piloted 
such ship to Gravesend, Standgate Creek, or such part as aforesaid, 
and shall also be subject to such other penalty or punishment as by 
virtue of this act, or of the by-laws, any pilots shall be liable to for 
quitting a ship before she shall arrive at her place of destination. 
§42. 

Pilot to write his name in log-book. —Every pilot shall write his 
Christian and surname in the log-book of any ship entering the port 
of London, and required to be piloted according to this act; and 
every pilot or other person inserting a false name shall forfeit £20, 
and the master shall, in making the entry of such ship inwards, insert 
in such entry the name or names of the pilot or pilots employed to 
pilot such vessel into the said port, which insertion shall be made in 
the said entry (without fee) by the proper officer of the customs, who 
shall report the same to the corporation of the Trinity-house daily, 
and to the lord warden of the cinque ports monthly; and such officer 
is to reject such entry, unless the name or names of the pilot or pilots 
shall be inserted or notified to such officer for insertion in such entry; 
and the principal searcher or clearing officer of customs at Gravesend 
shall demand and take the name or names of the pilot or pilots of all 
ships clearing outwards from the port of London, and shall transmit 
monthly lists of such names to the Trinity-bouse on pain of forfeiting 
not exceeding <£10, nor less than <£5, to be paid by each of the per 
sons aforesaid who shall neglect to comply with any of the foregoing 
regulations. § 43. 

How pilotage of ships may be recovered. —All sums due for the 
pilotage of any ship, except ships not having British registers, trading 
to and from the port of London, shall be recovered from the owners 
or masters, or from the consignees or agents, who shall have paid or 


PILOTS AND PILOTAGE. 


167 


made themselves liable to pay any other charge for the said ship in 
the port of her arrival, as to pilotage inwards; and in the port from 
whence she shall clear out as to pilotage outwards; which sums 
shall be levied in the like manner, according to the amount, as any 
penalty of the like amount may be recovered and levied under this 
act, demand thereof being made in writing fourteen days before such 
levy. § 44. 

Consignees or agents may retain pilotage. —The consignees or agents 
of any ship, from whom any sum for pilotage shall have been reco¬ 
vered, or recoverable, or by whom any such sum shall have been paid, 
are empowered to retain out of any monies which they may have 
received, on account of such ship, or the owners thereof, so much as 
shall be sufficient to pay such pilotage and expenses. § 45. 

Pilotage of ships not having British registers. —From and after the 
passing of this act, the master of every ship which shall enter into or 
sail from the port of London, or the consignees or agents, shall pay 
at the Trinity-house in London, the full pilotage inwards and out¬ 
wards of every such ship ; that is to say, in all cases as to pilotage 
outwards the full amount of pilotage for the distance which such ship 
shall by law be required to be piloted ; and so far as concerns the 
pilotage inwards, where a licensed pilot shall have been on board, 
the full amount of pilotage for the distance piloted, if greater than 
that which such ship shall be required to be piloted ; and if less, or if 
no such pilot shall have been on board, then the full amount of the 
pilotage for the distance which such ship shall be by law required to 
be piloted; and if such pilotage inwards be not paid within fourteen 
days from the day of such vessel’s reporting inwards, the same shall 
be recovered by the said corporation from the master, or from the 
consignees or agents, liable to pay any other charge for such ship 
in the port of London, and shall be levied in the like manner, accord¬ 
ing to the amount, as any penalty under this act. § 46. 

Certificate of payment of pilotage to be given. —The persons ap¬ 
pointed by the Trinity-house of Deptford Strond, shall, upon receiving 
such pilotage, give to the person paying the same a certificate thereof 
in writing, and no ship not having a British register, and being re¬ 
quired by law to be piloted, shall be cleared at the office of customs 
in the port of London, on her outward-bound voyage, without the 
production of such certificate ; and the said persons aforesaid shall, 
upon proof to the satisfaction of the said corporation that such pilot¬ 
age service hath been performed, pay over to the pilot licensed, who 
shall have had charge of every such ship, all such sum or sums as 
shall have been received by such persons, and as shall be due to such 
pilot for such pilotage service, after deducting thereout the poundage 
hereinbefore made payable to the said corporation ; and the residue 
of such pilotage shall, together with the poundage aforesaid, be carried 
to and applied to the purposes of the pilot’s fund of the said corpo¬ 
ration of Trinity-house hereinafter mentioned. § 47. 

Unlicensed persons who have piloted in the absence of a licensed 
pilot. —In any case where such pilotage shall have been received, for 
any ship not having a British register, if it shall appear to the said 
corporation that no licensed pilot was in fact employed, it shall oe 
lawful for the said corporation, if they shall think fit, out of such 
pilotage to give to any unlicensed person who shall have piloted or 
assisted in piloting such ship during so long time as no licensed pilot 
shall have offered to take charge thereof, such compensation as in the 


PILOTS AND PILOTAGE. 


IG8 

discretion of the said corporation they shall deem proper, not exceed¬ 
ing the sum payable to a licensed pilot. § 48. 

Pilotage outward of foreign vessels. —The rates or amount of 
pilotage outward, to be payable in respect of all such ships, shall be 
calculated according to the scale of the tonnage of every such ship 
according to which such ship shall be rated in the port of London, to 
the payment of the light and other dues payable to the Trinity-house, 
or according to the draught of water thereof, as the Trinity-house 
?hall think most proper. § 49. 

Controversies respecting the draught of water. —Whenever any dif¬ 
ference about the draught of water of any ship shall arise between 
the master, and any person who shall have piloted the same into the 
said river, or who shall be required to pilot the same therefrom, pur¬ 
suant to this act, the said corporation of Trinity-house, or some officer 
appointed by them, shall admeasure the draught of water of such ship, 
and shall settle the same between the parties, upon application made 
by either, within twelve hours after such ship shall have arrived at her 
moorings, on any inward voyage, or before the cargo shall be begun 
to be unladen, or before such ship shall quit her moorings on any out¬ 
ward voyage, for which admeasurement the officer shall be paid one 
guinea if the ship shall be below the entrance to the London Docks, 
and half a guinea if above the entrance to the London Docks, by the 
person against whom the officer so appointed by the Trinity-house 
shall decide. § 50. 

Trinity-house to make regulations with respect to pilotage of small 
foreign vessels. —It shall be lawful for the Trinity-house from time to 
time, at discretion, to make all such regulations in relation to the 
piloting of ships not having British registers, bringing fish, corn, 
or other provisions into the port of London, and which ought to be 
piloted by pilots licensed by the said corporation, for the ease and re¬ 
lief of such ships in respect of the rates of pilotage hereby payable, or 
for the exemption of such ships from any such rates, or from any rules 
as to the pilotage under this or other acts, or under any law or usage 
whatsoever, as the said corporation shall deem just, in relation to such 
ships. § 51. 

Funds for relief of indigent pilots , fyc. —As well the fund already 
created for superannuated and infirm pilots belonging to the Trinity- 
house, as also all such surplus rates by this act imposed, on ships not 
having British registers, which shall pertain to the establishment of 
the Trinity-house, shall be carried to a fund to be called The Pilots’ 
Fund,” and such fund shall be applied by the corporation in manner 
following; (that is to say,) after defraying the expenses of carrying 
this act into execution, so far as concerns the Trinity-house, the said 
fund shall be applied by the said corporation for the better support, 
maintenance, or relief of such indigent pilots belonging to the cor¬ 
poration, as shall become incapable of discharging their duty from 
advanced age, or from any accident or infirmity, and of the wives, 
widows, and children of such pilots, to be applied in such manner and 
under such rules as the corporation shall order; and as well the fund 
already created for such superannuated and infirm pilots belonging to 
the society or fellowship of the cinque ports as aforesaid, as also all 
such surplus rates of pilotage by this act imposed or to be imposed as 
aforesaid on ships not having British registers which shall pertain to 
the establishment of the cinque ports, shall be applied by the said 
court of loadmanage for the better support, maintenance, or relief of 


PILOTS AND PILOTAGE. 


169 

such indigent pilots belonging to the said society or fellowship as shall 
become incapable of discharging their duty from advanced age, or 
from any accident or infirmity, to be applied and distributed in such 
manner and under such rules as the said court of loadmanage shall 
order; and as well all pilots who shall receive any such surplus rates, 
as also the persons to whom the pilotage of ships not having British 
registers, and entering into or sailing from the said port of London, 
is by this act directed to be paid, shall pay over all such surplus rates 
to such receivers, and at such places as shall be appointed by the 
Trinity-house, and by the lord warden and court of loadmanage re¬ 
spectively ; of all which receipts, and of the appropriations, the said 
corporation and the said lord warden and court of loadmanage, shall 
annually lay an account before parliament, within twenty days after the 
commencement of each session. § 52. 

Owners or masters not to be answerable for loss from want of a pro¬ 
per pilot. —No owner or master of any ship shall be answerable for any 
loss or damage which shall happen to any person by reason of no li¬ 
censed pilot being on board, or no qualified pilot, unless it shall be 
proved that the want of such licensed or qualified pilot shall have arisen 
from any refusal to take such pilot on board, or from the wilful neglect 
of the master in not heaving to, for the purpose of taking on board 
any pilot who shall be ready to take charge. § 53. 

Owners not liable for more than the value of the ship and freight .— 
Nothing in this act shall extend to make the owner of any ship liable 
in any such case for any loss or damage beyond the value of such ship, 
and her appurtenances, and the freight due for the voyage. § 54. 

Not to be liable for loss arising from incompetency of pilots. —No 
owner or master of any ship shall Ve answerable for any loss or 
damage which shall happen to any person from any neglect, default, 
incompetency, or incapacity of any licensed pilot, so long as such pilot 
shall be duly qualified, or so long as no qualified pilot shall have of¬ 
fered to take charge thereof. § 55. 

Not to deprive persons of remedies previously existing. —Nothing in 
this act shall extend to deprive any person of any remedy upon any 
contract of insurance, or of any other remedy, which he might have 
had if this act had not been passed, on account of the neglect, default, 
ineompetency, or incapacity of any pilot, or on account of no pilot, or 
of no qualified pilot, being on board, unless it be proved that the want 
of a pilot, or a qualified pilot, shall have arisen from any refusal to take 
a pilot or qualified pilot on board, or from the wilful neglect of the 
master in not heaving to, for the taking on board any pilot ready to 
take charge of such ship. § 56. 

Licensed pilots who have executed bond. —No pilot licensed, 'who 
shall have executed the bond hereinbefore directed, and shall be pi* 
loting within the limits in his licence, any ship, or be piloting in the 
absence of a qualified pilot, shall be liable to any action for damages 
at the suit of the party grieved in any greater sum than the penalty in 
such bond, and the pilotage payable to him, for any loss or damage 
which shall happen from his neglect or want of skill whilst acting od 
board such ship. § 57. 

Penalty on masters of vessels piloted by any other than a licensed 
pilot. —Every master of any ship who shall act himself as pilot, or 
who shall employ as a pilot any unlicensed person, or any licensed 
person acting out of the limits for which he is qualified, or beyond the 
extent of his qualification, after any pilot licensed shall have offered 
to take charge of such ship, or have made a signal for that purpose. 


170 


PILOTS AND PILOTAGE. 


shall forfeit for every such offence double the amount of the sum which 
would have been legally demandable for the pilotage, and shall like¬ 
wise forfeit an additional penalty of £5, for every fifty tons burthen of 
such ship, if the Trinity-house, as to cases in which pilots licensed 
under the said corporation shall be concerned, or the said lord war¬ 
den or his lieutenant, as to cases in which the cinque port pilots shall 
be concerned, shall think it proper that the person prosecuting should 
be at liberty to proceed for such additional penalty, and certify the 
same in writing. § 58. 

Masters of certain ships may pilot same so long as not assisted by un¬ 
licensed persons. —Notwithstanding any thing in this act contained, the 
master of any collier, or of any ship trading to Norway, or to the Cat- 
tegat or Baltic, or round the North Cape, or into the White Sea, on 
their inward or outward voyages, or of any constant trader inwards, 
from the ports between Boulogne inclusive and the Baltic (all such 
ships having British registers, and coming up either by the North 
Channel, but not otherwise,) or of any Irish trader using the naviga¬ 
tion of the rivers Thames and Medway, or of any ship employed in 
the regular coasting trade of the kingdom, or of any sh p wholly laden 
with stone from Guernsey, Jersey, Alderney, Sark, or Man, and being 
the production thereof,* or of any ship or vessel not exceeding the 
burthen of sixty tons, and having a British register, except as herein¬ 
after provided ; or if any other ship whatever, whilst the same is within 
the limits of the port to which she belongs, the same not being a port 
in relation to which particular provision hath heretofore been made by 
any a,ct, or by any charter for the appointment of pilots, may lawfully, 
and without being subject to any of the penalties by this act imposed, 
pilot his own ship so long as he shall pilot the same without the aid of 
any unlicensed pilot or other persons than the ordinary crew of the 
ship. § 59. 

Ships not exceeding sixty tons burthen. —After the passing of this act 
it shall be lawful for his Majesty by any order in council, to permit 
ships not exceeding sixty tons, and not having a British register, to be 
piloted without having a licensed pilot on board, upon the same terms 
as are imposed on British ships, not exceeding the like burthen.t § 60. 

Ship in distress. —Nothing in this act shall extend to subject the 
master or owner of any ship to any of the penalties, for employing any 
persons as pilots in the assistance of such ship whilst in distress, or in 
consequence thereof, or under any circumstances which shall have ren¬ 
dered it necessary for such owner or master to avail himself of the best 
assistance which at the time could be procured. § 61. 

Master or mate being oioner or part-owner. —Nothing in this act 
shall extend to subject to any penalty the master or mate of any ship 
being the owner or a part-owner, and residing at Dover, Deal, or the 
Isle ofThanet, for piloting his own ship from any of the places afore¬ 
said, up or down the Thames or Medway, or into or out of any port 
within the cinque ports. § 62. 

Ships brought into any port by pilots may be removed. —When any 
ship shall have been brought into any port in England by any pilot 
duly licensed, nothing in this act shall extend to subject to any penalty 
the master or mate, or if in ballast, any person appointed by any 


* See to the same effect the Act for the General Regulation of the Custom* 
6 Geo. IV. 107. § 41. Fart II. Chap. V. ° 

f See the several orders in council which have been issued, page 183. 





PILOTS AND PILOTAGE. 


171 


owner, or master or agent, for afterwards removing such ship in such 
port for the purpose of entering into or going out of any dock, or for 
changing the moorings of such ship. § 63. 

Reporting to pilots a false account of a vesseVs draught of water , 
or altering marks. —Every master of any ship, who shall report, or be 
privy to any other person’s reporting to any pilot, a false account of 
the draught of water of such ship, shall forfeit, in addition to the pay¬ 
ment of the full rate of pilotage, double the amount of such pilotage; 
and any master or person having the command of any ship, or having 
any interest therein, who shall fraudulently alter any marks on the stem 
or stern post, denoting the draught of water, or shall be privy thereto, 
shall forfeit <£500. § 64. 

Description of pilot to be on his licence, fyc. —A particular descrip¬ 
tion of the person of every pilot shall be written in or upon or en¬ 
dorsed on the back of his licence ; and every captain or master shall, 
on receiving a pilot on board, inspect his licence; and if he shall 
have reason to think that such pilot is not the person to whom the 
licence was granted, such captain or master is to transmit a copy of 
such licence to the corporation or authority by whom such licence 
shall have been granted, stating the date, together with such account, 
and description of the person producing such licence as may lead to 
the discovery of the offender. § 65. 

No pilot shall act until his licence has been registered , nor without 
producing it. —No person shall take charge of any ship or vessel, or 
in any manner act as a pilot, or receive any compensation, until his 
licence shall have been registered by the principal officers of the cus¬ 
tom-house at or nearest to which such pilot shall reside, (which officers 
are to register the same without fee,) nor without having his licence 
at the time in his personal custody, and producing the same to the 
master of any ship desirous of employing him, or to whom he shall 
offer his services, on pain of forfeiting not exceeding £30, nor less 
than £10, for the first offence ; and for the second or any subsequent 
offence, not exceeding £50, nor less than £30 ; and upon further pain 
of forfeiting his licence or being suspended, by and at the discretion 
of the corporation or authority from which such licence was derived, 
either for the first, second, or any subsequent offence. § 66. 

Licences to be delivered up when required , and on death. —Every 
pilot, licensed, shall, at all times when required, produce or deliver up 
his licence to the corporation or authority by which the same was 
granted; and on death, his executors or administrators, or persons to 
whose hands the licence shall come, shall without delay transmit such 
licence to the corporation or authority by which the same was granted, 
on pain of such pilot, executor, administrator, or person, forfeiting not 
exceeding £20, nor less than 40s. § 67. 

Pilots keeping public houses. —From and after the passing of this act, 
if any pilot, duly licensed, shall keep, or be concerned in keeping, 
either by himself or any agent or servant, or other person, or shall in 
any way be interested in the keeping of any public house or tavern, or 
place of public entertainment, or in the selling of any wyie or spirituous 
liquors, or tobacco or tea; (unless such pilot shall have kept or been 
concerned or interested in the same before the 1st of March, 1808, and 
shall be duly authorized by the corporation, or other authority under 
which such pilot shall act, to continue in such business;) or if any 
pilot shall be convicted of any offence against any law relating to the 
customs- or excise, or shall be concerned in or shall wilfully connive at 
any indirect practices against the customs or excise, or shall procuie. 


PILOTS AND PILOTAGE. 


173 

abet, connive at, or participate in any destruction, spoil or conceal¬ 
ment, fraud, exaction, or corrupt practice, relating 1 to ships or persons 
in distress at sea, or by shipwreck, or relating to the tackle, apparel, or 
furniture, or the cargoes of such ships, or relating to the crew or passen¬ 
gers, or the monies, goods, or chattels of any of them, then every pilot 
shall (over and above all other punishments and penalties for such of¬ 
fences) be adjudged to forfeit his licence, or shall be suspended from 
acting as a pilot, by and at the discretion of the corporation, or 
authority from which such pilot’s licence was derived. § 68. 

Pilots suspended , liable to penalty for acting. —If any person, sus¬ 
pended or adjudged to have forfeited his licence, shall, during the time 
of suspension, or after such adjudication, take upon himself to conduct 
any ship as a pilot, such person shall be liable to all such penalties, in 
like manner as are provided, against any person who shall pilot any 
ship without having been licensed. § 69. 

Licensed pilots may supersede milicensed ones. —It shall be lawful for 
any licensed pilot within the limits of his licence, and the extent of his 
qualification, to supersede in the charge of any ship any person not 
licensed or acting beyond the extent of his qualification; and every 
person assuming or continuing in the charge of any ship, without be¬ 
ing a licensed pilot, or without being licensed to act within the limits 
in which such ship shall be, or beyond the extent of his qualifications, 
as expressed in his licence, after any pilot, licensed and qualified, shall 
have offered to take charge of such ship, shall forfeit for such offence 
not exceeding <£50, nor less than £20. § 70. 

When unlicensed persons may act as pilots. —Notwithstanding any 
thing in this act contained, any person whatsoever may lawfully, and 
without being subject to any penalty, assume, or continue in the 
charge of any ship as a pilot, where and so long as a pilot duly licensed 
shall not have offered to take the charge, or make a signal for that 
purpose, or where and so long as such ship shall be in distress, or 
under circumstances which shall have rendered it necessary for the 
master to avail himself of the best assistance. § 71. 

Penalty on pilots who shall decline to go off. —Every pilot licensed, 
who shall, when not actually engaged in his capacity of pilot, refuse or 
decline, or wilfully delay to go off to or to take charge of any ship want¬ 
ing a pilot, and within the limits specified in his licence, upon the 
usual signal for a pilot being displayed, or upon being required so to 
do by the captain, or by any commissioned or warrant officer of such 
ship, (if the same shall be in his Majesty’s service,) or by the master 
of such ship, or by any person interested therein as principal or agent, 
(if he be in his Majesty’s service,) or upon being required so to do in 
either of the cases aforesaid, by any officer of the corporation or society 
to which such pilot shall belong, or by any principal officer of customs; 
(unless in the cases aforesaid it shall be unsafe for such pilot to obey 
• such signal, or comply with such requisition, or he shall be prevented 
so doing by illness or other cause;) and every pilot licensed, who shall 
on frivolous pretext quit any ship, or decline the piloting thereof, after 
he has been engaged, or after going alongside thereof, before the ser¬ 
vice shall have been performed for which he was hired, and with¬ 
out leave of the captain, (if in his Majesty’s service,) or of the master, 
(if not in his Majesty’s service,) shall forfeit for every such offence not 
exceeding £100, nor less than £10, and shall be liable to be dismissed 
from being a pilot, or suspended from acting as such, at the discre 
tion of the corporation or authority by whom such pilot was licensed 
§ 72. 


PILOTS AND PILOTAGE. 


173 


Pilots employing or requiring any boat , fyc. beyond what is neces¬ 
sary. —In case any pilot, licensed, shall employ, or shall compel or 
require any person having the command or charge of any ship, to 
employ any boat, anchor, cable, hawser, or other matter or thing 
beyond what shall actually be necessary, with intent thereby to increase 
the charge or expense of pilotage or pilot assistance, whether for the 
gain of such pilot, or of any other person, in every such case the person 
offending shall forfeit not exceeding £50, nor less than £10, and shall 
also be liable to be deprived of his licence, or suspended, at the dis¬ 
cretion of the corporation or authority by whom he was licensed. 
§ 73. 

Penalty for lending licence , and for drunkenness. — In case any 
pilot, licensed, shall lend his licence to any unlicensed person, or in 
case any such licensed pilot, or any person not being a pilot, but act¬ 
ing under pretext of being a pilot, shall by drunkenness render himseJt 
incapable of conducting any ship, or shall wilfully or negligently run 
any ship on shore, or lose or injure the same, or the tackle or furni¬ 
ture thereof, or shall wilfully conduct, lead, decoy, or betray any ship 
into danger in any manner not already provided against by any statute, 
or shall unnecessarily or improperly cut any cable, or cause the same 
to be cut; or if any such person shall by wilful misrepresentation of 
any circumstances upon which the safety of any ship shall appear 
materially to depend, obtain or endeavour to obtain the charge of any 
such ship, then and in every such case the person so offending, or 
who shall aid in, procure, abet, or connive at the committing of any 
such offence, shall, besides being liable to damages at the suit of the 
party grieved, forfeit not exceeding £100, nor less than £20 ; and if 
the person so offending shall be a pilot, he shall be liable to be de¬ 
prived of his licence, or suspended, at the discretion of the corporation 
or authority by whom his licence was granted. § 74. 

Pilots not obeying the orders of dock-masters. —If any pilot having 
the charge of any ship within certain distances from the entrances into 
the London docks from the river Thames, and either intended to go 
into or having recently come out of the docks of the said companies, 
shall neglect or refuse to obey such orders as shall or may from time to 
time be given to such pilot by the dock-master or dock-masters, vested 
in him and them by any act or acts of parliament, relating to the 
mooring, unmooring, moving, or removing of such ships, so being 
under the charge of such pilot, in every such case, every pilot so 
offending shall forfeit not exceeding <£50, nor less than £20 ; and 
every such pilot shall be liable to be dismissed or suspended, at the 
discretion of the corporation or authority by whom such pilot was 
licensed. § 75. 

How penalties above £20 may be recovered. —All penalties herein¬ 
before or hereinafter imposed, or by any of the by-laws directed to 
remain in force, or hereafter to be made under the authority of this 
act, which shall exceed £20, (not otherwise expressly provided for,) 
and likewise all penalties, (not otherwise expressly provided for,) in 
cases where, the lowest penalty not being greater than £20, and the 
largest being greater than £20, the party prosecuting shall proceed 
in respect thereof for a sum greater than £20, with the written consent 
of the Trinity-house, or of the said lord warden or his lieutenant,*(as 
the case may be,) shall be recovered with full costs, by action of debt, 
bill, plaint or information, in any court of record at Westminster, to 


5 


174 PILOTS AND PILOTAGE. 

be commenced within twelve calendar months, or within such other 
time as is hereinafter directed; the venue in which shall, at the option 
of the plaintiff or informant, be laid, and tried either in Middlesex or 
London, or else in such county wherein the offence shall have been 
committed, and in any such case it shall be lawful to sue for the 
largest penalty, and the jury giving the verdict may award either such 
largest penalty, or any other smaller sum not less than the sum speci¬ 
fied as the lowest penalty. § 76. 

Penalties not exceeding £20.—All penalties imposed by this act, 
or by any of the by-laws, which shall not exceed £ 20, (the man¬ 
ner of levying whereof shall not by this act be otherwise provided 
for;) and likewise all penalties (the manner of levying which shall 
not by this act be otherwise expressly provided for) in cases where, 
the lowest penalty not being greater than £20 , and the largest being 
greater than <£20, the party prosecuting shall proceed in respect thereof 
for any sum not exceeding £20, with such written consent as afore¬ 
said, shall be levied and recovered within six calendar months, or 
within such other time as is hereinafter directed, before any justice or 
justices of the peace where the offence shall be committed ; or if 
committed by any pilot, then before any justice or justices of the peace 
for the county, city, division, or place aforesaid, or before any justice 
or justices of the peace, or any magistrate or magistrates of the city, 
town, or port to which such pilot shall belong ; or if committed by 
any owner or master of any ship, before any justice or justices of the 
peace for the county, city, division, or place where the offence shall 
have been committed, or before any justice or justices of the peace, 
or any magistrate or magistrates of the county, city, town or port, at 
which such owner or master shall reside, or to which the ship shall 
belong ; or if committed on any part of the sea from Orfordness to 
the mouth of the river Thames, or from Dungeness to the mouth of 
the river Thames, or upon the rivers Thames or Medway, then only 
before some justice or justices of the peace of the counties of Kent, 
Surrey, Essex, or Middlesex, or before some magistrate or magistrates 
of the city of London ; and all and every the justices and magistrates 
aforesaid, are, upon complaint to them made, to grant a warrant to 
bring before them such offender or offenders; and if on conviction or 
confession, or on the evidence of one or more witnesses upon oath, 
such penalty shall not be forthwith paid, it shall be lawful for such 
justices, or magistrates, to levy the penalty by distress, and for want of 
distress to commit every offender to the common gaol or house of 
correction, for not exceeding six calendar months, nor less than 
twenty-one days, unless such penalty and all reasonable charges shall 
be sooner paid: Provided always, that in case the said periods of 
twelve calendar months and six calendar months, within which 
penalties are to be sued for, shall in any case elapse before any action 
or prosecution shall have been commenced, and if it shall in manner 
hereinafter mentioned be made to appear, that the commencement has 
been delayed by reason of the absence of any party offending or com¬ 
plaining, or by the absence of any necessary witnesses, then upon 
such circumstances being stated by affidavit in writing, before any 
judge of any of the courts of record at Westminster, it shall there¬ 
upon be lawful for any such judge to authorize the commencement of 
such action or prosecution within such turther time as such judge 
shall think fit to limit; and in such case the action or prosecution 


PILOTS AND PILOTAGE. 175 

may be commenced and prosecuted within the time so limited, in 
like manner as if such prosecutions had been commenced within the 
said periods of twelve months and six months. § 77. 

Justices of any county into which an offender may escape, may 
endorse the original warrant. —J 11 case any person against whom a 
warrant shall be issued, before or after conviction, shall escape into 
any other county, riding, division, city, liberty, town or place, it 
shall be lawful for any justice of the county, riding, division, city, 
liberty, town or place, into which such person shall escape, upon proof 
upon oath of the hand-writing of any justice or magistrate granting 
such warrant, to endorse his name on such warrant, and the same 
when so endorsed shall be sufficient authority to all peace-officers to 
execute such warrant in such other place, out of the jurisdiction of 
the justice granting the said warrant; and any justice or justices, on 
the offender being apprehended and brought before him or them, 
within their jurisdictions, may proceed to hear and determine the 
complaint, in the same manner as if it had originally arisen within 
his or their jurisdictions, or may direct the offender to be carried 
before the justice or justices who granted the original warrant to be 
dealt with according to law. § 78. 

Witnesses not appearing. —If any person who shall be summoned 
as a witness before any justice or justices, shall refuse or neglect to 
appear, having no just cause, it shall be lawful for such justices, on 
proof of such summons having been served, and of a tender of ex¬ 
penses having been made on being served, to issue a warrant to bring 
such person before him or them ; and if on appearance, or on being 
brought before any justice or justices, such person shall refuse to be 
examined on oath, without having some just cause, it shall be lawful 
for such justice or justices, by warrant, to commit such person to the 
house of correction, there to remain for not exceeding six weeks, nor 
less than ten days, as such justice or justices shall direct. § 79. 

Persons convicted of giving false testimony. —Every person who, in 
any examination upon oath, shall wilfully give false testimony or a 
false account of the matter sworn to, shall be liable to be prosecuted 
by indictment, and if convicted shall be liable to such punishments 
as for wilful and corrupt perjury. § 80. 

Form of conviction. —Justices of the peace shall cause the con¬ 
viction to be drawn up according to the following form : 

“ Be it remembered, that on the-- day of-in the year 

of our Lord- A.B. is convicted before me [or us,] one [or two, 

as the case may be'] of his Majesty’s justices of the peace for the 

- [here specify the offence , and the time and place when and 

where committed, as the case may be,] contrary to an act passed in 
the sixth year of the reign of King George the Fourth, intituled, 
[here insert the title of this act,] and I [or we] do adjudge that the 

said --[ insert the offender's name,] hath therefore forfeited 

the sum of [here insert the penalty.] Given under my hand and seal 
[or our hands and seals,] the day and year first above written.” 

And no certiorari, for the removal of any such conviction or any 
proceedings thereon, into any of the courts at Westminster, shall be 
allowed. § 81. 

Appeal to the quarter sessions. —It shall be lawful for any persons so 
convicted of any offence against this act, or against any by-law, 
within three calendar months after conviction, to appeal to the justices 







176 


PILOTS AND PILOTAGE. 


assembled at the general quarter sessions, first g-iving ten days’ notice 
of appeal to the persons appealed against, and of the matter thereof, 
and within fourteen days next after notice, entering into a recognisance 
before some justice, with sufficient sureties conditioned to try such 
appeal, and for abiding the determination of the court; and such 
justices assembled shall, upon proof of such notice and recognisance, 
hear and determine the matter of appeal, and may either confirm or 
quash the conviction, and award costs to either party, (and the de¬ 
cision of the said justices shall be conclusive,) and no proceeding 
shall be quashed for want of form only, or be removed by certiorari or 
any other writ. § 82. 

Application of penalties. —One-third of all penalties, (except such 
penalties, the application whereof shall by this act be otherwise ex¬ 
pressly provided for,) shall go to the person who shall inform or sue, 
and the remainder shall be applied to the purposes of the said fund 
belonging to the said corporation of Trinity-house, called the pilots’ 
fund, in case such penalties shall be incurred by pilots licensed by the 
said corporation, or by any person wherein such last-mentioned pilots 
shall be in anywise concerned ; and in case such penalties shall be 
incurred by pilots belonging to the fellowship of the cinque ports, or 
by pilots under any other jurisdictions, or by any other persons wherein 
such pilots shall be concerned, then the remaining two-thirds of such 
last-mentioned penalties, shall be applied to the purposes of such fund 
as hath been or shall be created for the relief of such indigent pilots 
belonging to the said fellowship, or such other jurisdictions, as shall 
become incapable of discharging their duty from advanced age, or 
from any accident or infirmity. § 83. 

Limitation of actions. —If ar»y action shall be brought against any 
person, for any thing done in pursuance of this act, the action shall be 
commenced within six calendar months, and not otherwise, and shall 
be laid in the county where the cause of action arises, and the defendant 
may plead the general issue, and have treble costs. § 84. 

Regulations in any act relating to pilotage in any river to continue 
in force. —All acts of parliament, and all clauses contained in any 
act, which in any manner relate to the regulation of pilots and 
pilotage, within any river, port or harbour, or within any local limits 
specified in such act, and in which any reference is made to the said 
acts of 48 & 52 Geo. Ill, or either of them, or in any manner apply 
thereto, or vary or alter any of the provisions thereof as to pilots or 
pilotage within such limits, shall continue in full force notwithstanding 
the repeal of the said acts, and shall be deemed to refer to this act- 
and shall be so construed as if the same were particularly referred to 
in this act. § 85. 

Ships belonging to his Majesty. —Nothing in this act shall extend to 
any ships or vessels belonging to his Majesty, as to their being com¬ 
pelled to take pilots on board. § 86. 

Jurisdiction of the court of loadmanage , or admiralty. —Nothing 
herein shall extend to affect or impede the jurisdiction of the court of 
loadmanage, as far as respects the pilots appointed under the autho¬ 
rity of the said court; also, nothing in this act shall extend to affect 
or impair the jurisdiction of the high court of admiralty. § 87. 

Rights of city of London. —Nothing in this act to prejudice or take 
a\*ay any right, property, or jurisdiction of the mayor or citizens of 
London upon the river Thames. § 88. 

Separate jurisdictions. —This act not to affect charters or acts of 


PILOTS AND PILOTAGE. 


177 


parliament affecting pilots of the Trinity-house of the town of Kingston- 
upon-Hull, or Newcastle-upon-Tyne, or to give any authority to the cor¬ 
poration of the Trinity-house of Deptford Strond, within any ports or 
districts having separate jurisdictions* in matters of pilotage, under any 
act of parliament or charter. § 89. 

Former acts for preservation of sea-marks and beacons , lights, fyc .—. 
All clauses in an act passed in the eighth year of the reign of Queen 
Elizabeth,f or any other act made and in force for the preservation of 
sea-marks and beacons, shall extend to all vessels duly appointed to 
exhibit lights therein for the preservation of vessels at sea, and to all 
persons removing, injuring, or destroying such vessels or lights. § 90. 

Riding by, running down , fyc. —Every person who shall ride by, 
make fast to, or remove, or wilfully run down, or run foul of any vessel 
appointed or placed to exhibit lights, or any buoy or beacon, belonging 
to the corporation of Trinity-house, or belonging to or placed by any 
other corporation having lawful authority to place the same, shall, 
besides being liable to the expense of replacing or making good any 
damage occasioned thereby, forfeit for every such offence any sum not 
exceeding d£50, nor less than ,£10. § 91. 

Cinque-port pilots (except such as shall be expressly licensed) not to 
take charge of any vessel in the Thames above or to the westward of the 
town quay at Gravesend; nor to take charge of any vessel in the Med¬ 
way westward of Standgate Creek. —(After reciting the fourteenth 
section of 6 Geo. IV. c. 125. see page 158 ante.) From and after the 
10th of August next, any person belonging to the society or fellowship 
of Cinque-port Pilots (except such pilots as shall be expressly licensed 
as aforesaid) who shall take charge, as a pilot, of any ship or vessel in 
the river Thames , above or to the westward of the public landing-place 
at Gravesend , and any; person belonging to the said society or fellowship 
who shall take charge, as a pilot, of any ship or vessel in the river 
Medway westward of the Standgate Creek, shall be deemed and taken 
to be acting out of the limits for which he is qualified, and beyond the 
extent of his qualification, and shall incur all such and the same forfei¬ 
tures and penalties as within or under the provisions of the said act can 
or may be incurred by any pilot acting out of the limits for which he is 
qualified, or beyond the extent of his qualification; and which for¬ 
feitures and penalties shall be recovered and applied in the manner by 
the said act prescribed. 

Certain vessels exempted from being piloted , by 6 Geo. IV. c. 107. See Part II. 
Chap. V. and Order in Council, page 183. 

Pilots wilfully and knowingly offending against the 54 Geo. III. c. 149. regarding 
the breaming of ships ; and not leaving and receiving gunpowder at prescribed 
places, rendered incapable of acting as a pilot. See Ports and Harbours, page 55. 

Berthing Ships 

contrary to the regulations of the by-laws of the East India Dock Company, subject to 
a penalty of Jive pounds. See page 114. 


* For the Separate Jurisdictions, see pages 200, 208, 223, 233, 246, 252, 260, and 
266. 

f By stat. 8 Eliz. c. 13. the masters, wardens, and assistants of the Trinity-house 
at Deptford Strond may, at their costs, set up beacons and marks for the sea, in such 
places, near the coasts or forelands, as to them shall seem meet. 




178 


PILOTS AND PILOTAGE. 


BY-LAWS, RULES, ORDERS, REGULATIONS, AND ORDINANCES, 

Made and framed by the Corporation of Trinity-house of Deptford Strond, 
as well for insuring the good conduct and constant attendance of pilots licensed by 
the said corporation upon their duty , as for enforcing the general purposes of an act 
passed in the sixth year of the reign of King George IV. intituled, “ An 
act for the amendment of the luw respecting pilots and pilotage , and also for the 
better preservation of floating lights, buoys, and beacons the same by-laws, rules , 
orders, regulations , and ordinances having been examined , sanctioned , and approved 
in that behalf by the Right Honourable Sir Charles Abbot, knight , Lord Chief 
Justice of his Majesty's Court of King's Bench, pursuant to the directions of the 
said act. 

Imprimis : It is ordained, that from and after the promulgation of these present 
by-laws, rules, orders, regulations, and ordinances, all and every the by-laws, rules, 
orders, regulations, and ordinances, heretofore made or framed by the said corpora¬ 
tion, for the government of the said pilots, or for ensuring the good conduct and 
constant attendance of the same upon their duty, or for enforcing the general 
purposes of an act passed in the forty-eighth year of the late King’s reign, intituled, 
“An act for the better regulation of pilots and of the pilotage of ships arid vessels 
navigating the British seas,” shall be and the same are from thenceforth annulled, 
and in lieu and stead thereof the said corporation do hereby make and frame 
the by-laws, rules, orders, regulations, and ordinances following ; that is to say :— 

II. It is ordained, that every pilot who shall be ordered to proceed on his Majesty’s 
service by any order signed by the deputy master or secretary of the said corporation, 
or by the officer for the time being of the said corporation at Yarmouth, or elsewhere, 
duly Authorized to act in matters of pilotage, or who shall be so ordered, in writing or 
otherwise, by any officer in his Majesty’s service, shall immediately proceed thereon, 
and every pilot who shall fail so to do, or who shall evade the receipt of any such order, 
or who shall quit or decline such service, shall, for the first offence, forfeit five pounds, 
and for the second and every subsequent offence ten pounds each. 

III. It is ordained, that every pilot engaged in the charge of any ship employed by 
government in the transport service, shall observe particularly if any unnecessary 
delay takes place on the part of the master in proceeding towards his destination, 
and if any delay does take place, such pilot shall on his return report the same to the 
secretary of the said corporation, and, upon going on board, such pilot shall give 
notice to the master that he has orders so to do. 

IV. It is ordained, that no pilot having the charge of a merchant ship shall stop 
the same alongside the moorings of his Majesty's ships at Deptford, or elsewhere, or 
between the Round Tree and Bathing House, at Gravesend, (except in either of such 
cases there shall be an extreme necessity for so doing, or leave be obtained for 
that purpose from the proper officer or officers in that behalf,) and all pilots licensed 
by the said corporation, are at all times to be particularly careful to steer clear of the 
King’s ships in passing them. 

V. It is ordained, that every pilot when cal’ed upon or required to pilot any ship or 

vessel, shall, if under engagement to any other ship, forthwith make known such en¬ 
gagement, and specify the particulars thereof truly and faithfully to the person calling 
for or requiring such pilot’s service, and in case of any concealment, misrepresenta¬ 
tion, or falsehood in respect of such alleged previous engagement, the pilot offending 
shall forfeit ten pounds. 1 S 

VI. It is ordained, that every pilot who shall have taken charge of any ship from 
the river Thames to the Downs, or elsewhere, shall, without any additional compensa¬ 
tion in that behalf, wait on board for the space of three complete days, while such 
ship may be detained at Gravesend, or elsewhere, for want of seamen, or by any other 
casualty, nor shall he" at the end of three complete days be at liberty to quit such ship, 
or receive any additional compensation, if she shall be further detained by winds* 
weather, or tides, and should the ship be detained beyond three complete days on any 
other account except winds, weather, or tides, the pilot having the charge thereof shall 
nevertheless still (if required so to do) remain in the charge of her, provided a com¬ 
pensation of 6s. per day be offered to him in that behalf by the master or owner. 


BY-LAWS 


179 


VII. It is ordained, that every pilot shall in all cases demean himself civilly and 
respectfully towards all persons who may require his service, and towards all officers 
in his Majesty’s navy, and shall maintain a strict temperance and sobriety in the 
exercise of his office, and shall use his utmost care and diligence for the safe conduct 
of every ship which he shall be entrusted jwith the charge of, and to prevent her doing 
damage to others. 

VIII. It is ordained, that every pilot who shall undertake the charge of any ship 
downwards, shall, before his departure, leave, or cause to be left, notice thereof in 
writing at the proper office at the Trinity-house in London, with one of the clerks there 
attending, and shall be considered as disengaged until he shall have so done, and 
upon such pilot’s return he shall immediately, in his own person, attend at the said 
office, and make and sign such entry, in a book there kept for that purpose, as the said 
corporation shall from time to time direct or require. 

IX. It is ordained, that every pilot licensed by the said corporation, shall from time 
to time and at all times in obedience to the order or summons of the said corporation, 
under the hand of the secretary thereof for the time being, duly delivered or offered to 
such pilot, or left a reasonable time at the usual or last known place of residence of 
such pilot, attend the said corporation, at their courts, by-boards, or committees, or 
their secretary for the time being, at the Trinity-house in London, and that every pilot 
licensed by the said corporation, upon a certificate of qualification from sub-commis¬ 
sioners of pilotage, shall in like manner attend the sub-commissioners of the port or 
place for which such pilot shall be so licensed, in obedience to the order or summons 
of the said sub-commissioners, under their hands, or the hands of the major part of 
them, duly delivered, offered or left as aforesaid, to answer to any charges brought 
against such pilots respectively, or for the performance of any public service, or for 
any other purpose whatsoever, and in default of such attendance every pilot so offend¬ 
ing shall forfeit, for the first offence, forty shillings, and for the second and every sub¬ 
sequent offence five pounds each. 

X. It is ordered and hereby directed that every pilot licensed or to be licensed by the 
said corporation, upon their receiving a certificate of examination by any sub-commis¬ 
sioners of pilotage, shall for such examination, and for the granting the license thereon, 
pay the sum of two guineas to the said sub-commissioners of pilotage by whom he 
shall be so examined, or to one of them, and shall also, for the renewing or confirming 
such license, from time to time pay to the sub-commissioners of pilotage for the time 
being at or for the port or place specified in such license, or to one of them, the annual 
sums following, (that is to say,) every pilot so licensed, or to be licensed as aforesaid, 
for the ports of Plymouth, Portsmouth, or Cowes respectively, the annual sum of two 
guineas. And every pilot licensed or to be licensed as aforesaid for any other port or 
place, the annual sum of one guinea, unless the pilots at or for such port or place shall 
be divided into two classes, and in that case the pilots of the first class are to pay the 
annual sum of two guineas each, and pilots not of the first class the annual sum of one 
guinea each. 

XI. It is ordained that no pilot shall add to or in any way alter his license, or make 
or alter any indorsement thereon, nor shall he be privy to any such license or indorse¬ 
ment being altered. 

XII. It is ordained, that every pilot who shall observe any alteration in any of the 
sands or channels, or that any of the buoys or beacons of the said corporation are 
driven away, broken down, or out of place, shall forthwith deliver or send a correct 
statement thereof in writing to the secretary of the said corporation for the time being. 

XIII. It is ordained, that every pilot shall, whenever he comes to an anchor, care¬ 
fully observe the settings of the tide and the force of the stream, and if it shall happen 
that he comes near to a sand, or other object or cause of danger, and there be any other 
ships or ship in company likely to fall in therewith, such pilot shall immediately give 
notice thereof to the captain or principal officer of the ship under his care, that he may 
make a signal to such other ships or ship for avoiding the same. 

XIV. It is ordained, that no pilot shall on any pretence aid or assist either in his 
own person or with his boat or servants, or by any other means whatever, the landing, 
removing, or secreting any seaman from any merchant ship or vessel, to avoid serving 
in his Majesty’s navy, or to escape the impress for the same. 

N 2 


180 PILOTS AND PILOTAGE. 

XV. It is ordained, that every pilot shall from time to time conform himself strictly 
to all directions which shall be given to him by any of the harbour masters authorized 
by act of parliament under the corporation of the city of London, touching the moor¬ 
ing, unmooring, placing, or removing of any ship or vessel under his charge, as long 
as such ship or vessel shall be lying and situate within the limits of the authority of 
such harbour master. 

XVI. It is ordained, that each and every pilot belonging to a licensed pilot vessel 
shall be at liberty to entertain one apprentice and no more. 

XVII. It is ordained, that for any work done on the rivers Thames or Medway, by 
men in boats, being less than the work for the whole tide, the pay shall be, for half a 
tide’s work, four shillings to each man, and so in proportion for any time less than a 
whole tide, the pay for which is settled by the said act of the sixth year of the reign of 
his present Majesty at eight shillings. 

XVIII. It is ordained, that in all cases where pecuniary penalties and forfeitures are 
annexed to the breach of the foregoing by-laws, rules, orders, regulations, and ordi¬ 
nances, the said corporation of Trinity-house may mitigate and reduce the same to one 
fourth part at their discretion. 

XIX. It is ordained, that every pilot who shall offend against any or either of the 
foregoing by-laws, rules, orders, regulations, and ordinances, shall, for every such 
offence, (whether the same shall subject him to any pecuniary penalty or not, and in 
addition to such penalty if any,) be liable to have his license annulled and forfeited, or 
suspended, at the discretion of the said corporation. 

N.B.—Besides conforming themselves diligently to the above by-laws, rules, orders, 
regulations, and ordinances, the pilots licensed by the corporation of Trinity-house 
are of course in-' all things to observe and obey the enactments and provisions relating 
to such pilots contained in the said act of parliament made and passed in the sixth 
year of the reign of his Majesty King George the Fourth, a copy of which act has 
been delivered to each of the said pilots. 

By order of the corporation, 

Sea/. J. HERBERT, Secretary. 

1 have perused and examined the foregoing by-laws, rules, orders, regulations, and 
ordinances, and do hereby sanction, approve of, and confirm the same. Witness my 
hand and seal, the nineteenth day of April, One Thousand Eight Hundred and Twenty- 
six . 


C. ABBOT. 


Seal. 



PILOTAGE.—FOREIGN VESSELS. 


181 


REGULATIONS 

Made by the Corpor/Vtion of Trinity-house of Deptford Strond, 
under the 6 Geo. IV. c. 125. for the Pilotage of Foreign Vessels. 


The following regulations are to be observed in respect of foreign vessels; and all. 
pilots are hereby especially required to pay the strictest attention thereto. 

The rates of pilotage outward on all foreign vessels are to be calculated by the ton¬ 
nage of such vessels respectively, instead of the draft of water, (except vessels, which 
by virtue of any Order or Orders in Council are or may be placed on a footing of 
reciprocity in respect of charges with British vessels .) For which, see page 183. 


The rates specified in the Table hereto annexed (marked A.) are fixed as the rates 
upon all northern and eastern traders ; and the rates specified in the Table hereto 
annexed (marked B.) are fixed as the rates upon all other foreign vessels ; both those 
Tables being subject to variation, according to the regulations hereinafter contained, 
in respect of foreign vessels bringing fish, corn, or other provisions to the port of 
London. 

£ s. d. 

Foreign vessels under 70 tons, chiefly laden with fish, corn, or other pro-1 
visions, are to pay from Orfordness to London, during the summer >4 14 6 

months, viz. from Lady-day to Michaelmas-day, both inclusive. J 

-chiefly laden inwards with fish, corn, orj 

other provisions, shall not be bound to take pilots beyond Cliff Creek, l j 7 5 

on their outward voyage, and the rate of pilotage, as far as that limit,/ 
shall be... J 

But if a pilot be taken to Orfordness or the Downs, the rate shall be 4 16 6 

- from 70 tons to 100 tons, chiefly laden inwards with fish, 

corn, or other provisions, shall not, on their outward voyage, be bound 
to take pilots further than Cliff Creek, if in ballast—nor below the 
Nore, if laden. 


The rate of pilotage to Cliff Creek. 1 7 6 

To the Nore .. 3 4 6 

To Orfordness or the Downs. 5 16 0 


In order that there may be no delay in the supply of pilots to foreign vessels out¬ 
ward bound, and that at the same time the masters or agents thereof may continue at 
liberty to select their own pilots, if any pilot shall, upon the application of the master 
or agent of any foreign vessel, decline or refuse to take charge of such vessel, or to 
find a licensed and duly qualified pilot as a substitute, (which he shall be at liberty to 
do, with the approbation of such master or agent,) then, upon application being made 
to the Trinity-house, a pilot will be forthwith ordered upon that service, for which 
purpose the channel pilot standing first upon the list of those returned from duty will 
be selected, and each pilot, in this rotation, being so ordered, shall take charge of all 
foreign vessels, according to their respective tonnage and destinations. 

By order, 

J. HERBERT, Secretary. 


Trinity-house, London, 
1st Dec. 1825. 










182 


PILOTAGE.—FOREIGN VESSELS. 


Table (A.) 

Tonnage. 

Loaded. 

In Ballast. 

Tonnage. 

Loaded. 

In Ballast. 


£ 

.V. 

d. 


£ 

8 . 

d. 


£ 

8 . 

d. 

£ 

8 . 

d. 

70 

5 

16 

0 





290 

11 

16 

6 

7 

18 

0 

80 

6 

5 

0 





300 

11 

19 

0 

7 

19 

6 

90 

6 

14 

6 





310 

12 

2 

6 

8 

1 

6 

100 

7 

3 

6 





320 

12 

5 

6 

8 

4 

0 

110 

7 

10 

G 


y 5 

10 

0 

330 

12 

8 

6 

8 

5 

6 

120 

7 

17 

6 





340 

12 

11 

6 

8 

8 

0 

130 

8 

4 

0 





350 

12 

15 

0 

8 

9 

6 

140 

8 

11 

0 





360 

12 

17 

6 

8 

11 

6 

150 

8 

18 

0 


5 

18 

6 

370 

13 

1 

0 

8 

14 

0 

160 

9 

2 

6 


6 

2 

0 

380 

13 

4 

0 

8 

16 

0 

170 

9 

7 

0 


6 

4 

6 

390 

13 

7 

0 

8 

18 

0 

180 

9 

12 

0 


6 

8 

0 

400 

13 

10 

0 

9 

0 

0 

190 

9 

16 

6 


6 

11 

0 

410 

13 

12 

6 

9 

2 

0 

200 

10 

1 

0 


6 

14 

0 

420 

13 

14 

6 

9 

3 

0 

210 

10 

5 

6 


6 

17 

0 

430 

13 

17 

0 

9 

4 

6 

220 

10 

10 

0 


7 

0 

6 

440 

13 

19 

0 

9 

6 

6 

230 

10 

15 

0 


7 

3 

0 

450 

14 

1 

6 

9 

7 

6 

240 

10 

19 

6 


7 

6 

6 

460 

14 

4 

0 

9 

9 

6 

250 

11 

4 

0 


7 

9 

6 

470 

14 

6 

0 

9 

11 

0 

260 

11 

7 

0 


7 

11 

6 

480 

14 

8 

6 

9 

12 

6 

270 

11 

10 

0 


7 

13 

0 

490 

14 

10 

6 

9 

13 

6 

280 

11 

13 

0 


7 

15 

6 

500 

14 

13 

0 

9 

15 

6 


Table (B.) . 

Tonnage. 

Loaded. 

In Ballast. 

Tonnage. 

Loaded. 

In Ballast. 


£ 

8. 

d. 


£ 

8. 

d. 


£ 

3 . 

d. 

£ 

3 . 

d. 

70 

5 

16 

0 





290 

12 

6 

0 

8 

4 

0 

80 

6 

5 

0 





300 

12 

10 

0 

8 

6 

6 

90 

6 

14 

6 





310 

12 

16 

6 

8 

11 

0 

100 

7 

3 

6 


> 5 

16 

0 

320 

13 

3 

6 

8 

15 

6 

110 

7 

12 

0 





330 

13 

10 

6 

9 

0 

6 

120 

8 

0 

6 





340 

13 

17 

6 

9 

5 

0 

130 

8 

8 

0 





350 

14 

4 

6 

9 

9 

6 

140 

8 

16 

0 


5 

17 

6 

360 

14 

11 

0 

9 

14 

0 

150 

9 

5 

0 


6 

3 

6 

370 

14 

18 

0 

9 

is 

6 

160 

9 

10 

0 


6 

6 

6 

380 

15 

5 

0 

10 

3 

6 

170 

9 

15 

6 


6 

10 

0 

390 

15 

12 

0 

10 

8 

0 

180 

10 

1 

0 


6 

14 

0 

400 

15 

19 

0 

10 

12 

6 

190 

10 

6 

0 


6 

17 

6 

410 

16 

1 

0 

10 

14 

0 

200 

10 

11 

6 


7 

1 

0 

420 

16 

3 

6 

10 

15 

6 

210 

10 

15 

6 


7 

3 

6 

430 

16 

5 

6 

10 

17 

0 

220 

10 

19 

6 


7 

6 

6 

440 

16 

8 

0 

10 

18 

6 

230 

11 

3 

0 


7 

8 

6 

450 

16 

10 

6 

11 

0 

6 

240 

11 

7 

0 


7 

11 

6 

460 

16 

12 

6 

11 

1 

6 

250 

11 

11 

0 


7 

14 

0 

470 

16 

15 

0 

11 

3 

0 

260 

11 

14 

6 


7 

16 

6 

480 

16 

17 

0 

11 

5 

0 

270 

11 

18 

6 


7 

18 

6 

490 

16 

19 

6 

11 

6 

6 

280 

12 

2 

6 


8 

1 

6 

500 

17 

2 

0 

11 

7 

6 


Foreign vessels, exceeding 500 tons, are to pay, in addition to the rate for that ton¬ 
nage, threepence for every ton beyond that burthen. 




























PILOTAGE.—FOREIGN VESSELS. 


183 


ORDERS IN COUNCIL. 

By Order, dated July 21, 1823, (after reciting the 4 Geo. IV. 
c. 77,*)—It is ordered that all vessels belonging to the subjects of his 
Majesty, the King of the Netherlands, and being of less burthen 
than sixty tons, which shall enter into or clear out from any of the ports 
of the United Kingdom, shall be and they are exempted from taking 
on board a pilot to conduct them into or from any such port, in all cases 
where British ships, being of less burthen than sixty tons, are not re¬ 
quired by law to take a pilot, any law, custom, or usage to the con¬ 
trary notwithstanding. 


Similar orders have been for the following countries:— 

Hanover, date. 18 November, 1823. 

Hamburgh . 14 March, 1824. 

Lubeck . 25 May, 1824. 

Bremen . 19 October, 1824. 


By Orders in Council, issued by virtue of the 4 Geo. IV. c. 77. and 
the 5 Geo. IV. c. 1., it has been declared, that British vessels are 
charged with no other or higher tonnage duties, on their entrance into 
the ports of the respective kingdoms set forth below, than are levied on 
vessels of those countries. His Majesty therefore orders, that vessels 
of the following countries entering or departing from the ports of the 
United Kingdom, shall not be subject to any other or higher duties or 
charges whatever than shall be levied on British vessels. 

Hanover . 25 May, 1824. 

Prussia. „ 

Sweden. „ 

Norway .. 23 June, 1824. 

Denmark . 30 June, 1824. 

Hamburgh . 30 June, 1824. 

Lubeck . 14 August, 1824. 

Bremen . 14 August, 1824. 

Oldenburoh . 19 October, 1824. 

Mecklenburgh . 14 June, 1825. 

. $ by Convention .... 21 December, 1829. 

ustria, ^|Q r( j er i n Council . 21 November, 1831. 


N.B.—It is the intention of the Lords of the Committee of Privy 
Council for Trade, that pilotage and all other dues charged on vessels 
belonging to Prussia, Sweden, and Norway, Denmark, Hanover, or 
Hamburgh, which have entered or may enter the ports of the United 
Kingdom, either from stress of the weather or any other causes, should 
not be higher than are charged upon British vessels. 

Minute of the Board of Customs, 14th October, 1824, founded on a 
letter from the Treasury. 


* The clause in this act, (sect. 5,) authorizing his Majesty to issue such orders, was 
repealed by the 6 Geo. IV. c. 125, and that authority is now given by section 60 of 
chap. 125. 

f Customs Minute, 17 December, 1831. 
































































* 













«• 





























































. 
































































4 * 




# 








. 


























•* 




















; 
































• _ 


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' 









































































* 




. 














TABLES 


OF 

THE RATES OF PILOTAGE 

FOIt 

PILOTING SHIPS INTO AND OUT OF THE PORTS 
AND HARBOURS 

OF 

GREAT BRITAIN AND SCOTLAND. 


The order adopted with the following Tables, (commencing with those 
having reference to the River Thames,) is by giving those marked 
A and B in the foregoing act; then the Rates payable for vessels 
piloted into Margate Harbour, Ramsgate Harbour, &c. and so on 
to the Downs, and along the southern coast of England ; then from 
Penzance, up the Welch coast to Beaumaris and Liverpool; the 
Coasts of Scotland, commencing at the Mull of Cantire, the Orkney 
and Shetland Islands, down the eastern Coast to the Port of Leith 
in Scotland, and ending with Maldon in the Yarmouth district, on 
the eastern side of England. 



TABLE of the Rates of Pilotage to be demanded and received by Pilots licensed by the Corporation of Trinity-house of Deptford Strond, for Piloting Vessels. 


186 


PILOTS AND PILOTAGE.—TABLE A, 



S.2 *3 

a j 2 u S « 
O s-^ J3 -s 5 
»Us « a - 
-e « > q 

■ ^ ~ »* n „ 
c« 


.c a. 

<B t- <» V 
° * 


O O’-. 

-S *- C 
-o o o 


! s* S § S 

; o cS ^ ^ 

1 bc^ C' be q 
1 tJ ~ 

!^.a;g 

!.® I- SdJ’S 
:«s“e§ 

! 3 4) <3 

,T 3 ■“ O c«^ 

ir&i's 5 


•^bcS«o^ 
« = ► -3 
P-’P ►.'3 0 

§1 ° 
§.«.e-£ & 

p.2-5 & & 
-a * £ 5 

o t^bo ^ 
■W' 0 5 > ^ 
5® „ p o 


; £^.2 u 

* I H ,2 

; q «J >- 9- 

> 5 

| § ®' C <3 

;&13* 

;3.2q.s 


^ I 

s 35 cm 
> « S 
5 'ct 


> o 
^ o - 

^if / 3 

q « ** •• 

M e •« w « 


So IZJ - s. 

? 1,2 i ft 

g| 

s J 2 >3 

« l§l J. 

Q - <g 

>"£ ° ?-q 

5 gS'^ 

« S»S-2 

O £ .«*; <0 


l?I?l 

».3g S 3 
L'SS^-S 

es|s 

«o X 
5§ bn^o 
! w n s'" 

b £ •" ; |q 
e g in 8 - ^ 

) ?h « I 































PILOTS AND PILOTAGE.—TABLE B 


187 




When the pilot is put on board by a boat from the shore, one-seventh to the pilot, and the remaining six-sevenths to the boat and crew. 





































































188 


PILOTAGE. 


MARGATE TO DOVER. 

Table of the Rates o f Pilotage for piloting Ships into and out of the 
Harbours of Margate, Ramsgate, Sandwich, and Dover. 

£ s. d. 

For every foot of the draught of water of the ship or vessel 0 5 0 

From the DOWNS to the ISLE OF WIGHT. 


£ s. d. 

Seven feet and under... 3 15 0 

Eight feet. 4 7 6 

Nine feet. 5 0 0 

Ten feet. ... 5 12 6 

Eleven feet.. .. 6 4 0 

Twelve feet.. 6 15 0 

Thirteen feet. 7 6 0 

Fourteen feet. 7 17 6 * 

Fifteen feet. 8 8 0 

Sixteen feet. ....9 0 0 

Seventeen feet. 9 9 0 

Eighteen feet.11 0 0 

Nineteen feet.13 0 0 

Twenty feet.15 0 0 

Twenty-one feet.17 0 0 

Above twenty-one feet .18 0 0 


NEWHAVEN AND SHOREHAM DISTRICT. 

From Dungeness to the Owers, and vice versd, and to and from, and 
into and out of all Ports and Places within those limits. 

N.B.—No master of a vessel is compelled to take a pilot within this district, until 
he comes to the entrance of Rye, Shoreham, or Newhaven, and is bound to one of 
those ports; but if he does take a pilot between Dungeness and the Owers, it must 
be a licensed pilot, if one offers. 

Table of the Rates of Pilotage for piloting Ships within the 
Newhaven District. 


Coast Pilotage. 


£ s. d. 

Seven feet draught and under. 2 16 6 

Seven to ten feet. 4 4 6 

Eleven feet. 4 13 0 

Twelve feet.*. 5 1 6 

Thirteen feet. 5 9 6 

Fourteen feet. 5 18 0 

Fifteen feet. 6 6 0 

Sixteen feet. 6 15 0 

Seventeen feet. 7 2 U 

Eighteen feet. 8 5 0 

Nineteen feet. 9 15 0 

Twenty feet. 11 5 0 

Twenty-one feet.12 15 0 

Above twenty-one feet.13 10 0 
































PILOTAGE—PORTSMOUTH AND COWES DISTRICT. 189 


Harbour Pilotage. 

Per foot. 


Newhaven. s. d. 

Eight feet draught and under.1 6 

Eight to ten feet.1 9 

Above ten feet.3 () 

Rye Harbour. 

Eight feet draught and under.2 6 

Eight to ten feet.3 0 

Above ten feet. .4 o 

Shoreham. 

Eight feet draught and under.2 6 

Eight to ten feet.3 0 

Above ten feet.4 0 


Pilotage for the Beaches at Brighthelmstone, Hastings, or 
Bexhill. 

Per foot. 
s. d. 


Eight feet and under.1 3 

Eight to ten feet.1 9 

Aboye ten feet.2 0 


N. B.—The above rates for the harbours and beaches are due both 
inwards and outwards, but no charge whatever is to be made for the 
use of pilot-boats. 

Ships going into the harbours of Rye and Shoreham, and unload¬ 
ing near the harbour's mouth , are subject to half pilotage only ; but if 
such ships are afterwards removed by pilots to any dock or wharf near 
the town, where such ships may be for the purpose of taking in a cargo, 
in that case the full pilotage is due. 

Ships taken charge of in distress are to pay according to circum¬ 
stances, to be settled by the sub-comrinissioners. 

Ships not having British registers are to pay one-fourth more of the 
rates of pilotage for the harbours and beaches , than stated in the above 
tables. But see Exemptions, page 183. 

ARUNDEL. 

Ships within any part of the port, which extends eastward to] s. d. 
Goring inclusive, and westward to Felpham inclusive, the rate, >0 2 

according to the registry of the ship, is, per ton. J 

PORTSMOUTH AND COWES DISTRICT. 

From the Owers , within and without the Isle of Wight, to Peverell, 
and vice versa , and to and from, and into and out of all ports and 
places within those limits. 

N.B.—The pilots of this district have authority to supersede such of the London or 
Cinque Port pilots as are licensed by the corporation of Trinity-house, for the 
charge of vessels to the Isle of Wight, when they arrive near the channels lead¬ 
ing into the ports and harbours within the Isle of Wight; but no master of a 
vessel is compelled to take a Portsmouth or Cowes pilot, till within five miles of 
Bembridge Ledge, or three miles of Dunnose, St. Catherine’s, or the Needles, (or 
till at St. Helen’s, if he is piloted thereto by a duly licensed London or Cinque 
Port pilot,) but if he do take on board a pilot between the Owers and Peverell, it 
must be one of the district. 















190 PILOTAGE.—PORTSMOUTH AND COWES DISTRICT. 


Table of the Rates of lhlotage for Piloting Ships within the Ports¬ 
mouth and Cowes District. 

From five miles without Bembridge Ledge, or three miles without 
Dunnose or St. Catherine’s, or three miles from the Needles* 
Point, coming in at that passage, to Spithead, Motherbank, Store’s 
Bay, or Cowes Road. 

Per foot. 


s. d. 

Ships of every draught, as far as 17 feet, inclusive. 5 0 

-from 17 feet to 20 feet draught, inclusive. 6 0 

- Above 20 feet draught. .... 7 0 


But if the ship be boarded within two miles of the buoys ofF Bem¬ 
bridge, the rate to be Is. per foot less than the above for each 
foot the ship draws. And the same rates as the above for pilot¬ 
age outwards. 

Ships inward-bound, boarded between the Needles and Hurst) 0 n 

Castle... ) A U 

Between Hurst Castle and Newtown Creek . 1 0 

Ships anchoring and remaining at St. Helens, Yarmouth, or 
Lymington, either inward or outward bound, to pay half the 
rate of pilotage. 


Pilots taken on board by the captain without the above limits, to 
receive the following pay, viz. 

£ s. d. 


If at 3 leagues from the Wight. 3 3 0 

6 leagues ditto . 4 4 0 

10 leagues ditto . 6 6 0 


And proportionately for any intermediate distances. 

Per foot. 


0 1 6 


Ships coming into Cowes Harbour, and on going out, to] 

pay, as harbour pilotage.J 

Pilots of ships drawing 17 feet water, and under, are to have' 
for the pilotage from sea, from any place within the Isle 
of Wight to Portsmouth Harbour, or to Southampton, 0 2 0 

or to Buckler’s Hard, or to Langstone Harbour, and 

Lymington, per foot, additional. _ 

-Above 17 feet of water, ditto, ditto. 0 3 0 

Ships returning by distress of weather , contrary winds , or on 
account of accident , into the Isle of Wight, to pay only one halj 
of the common pilotage. Vide the act, § 8. 

Ships coming from the Downs with a London or Cinque Port pilot, 
to the Isle of Wight, and he continuing the charge into any of the 
places within the said island, no duly licensed pilot offering, is to be 
allowed half pilotage from St. Helens to the anchorage, but not 
otherwise. 


For transporting Vessels from one Berth to another in Portsmouth 

Harbour:— 


As far as 200 tons. 

200 to 300 ." 

Above 300 . 

For the pilotage of vessels from Southampton to Red-) 
bridge, Eling, Northam, or Chapel, and vice versa...} 


£ s. d. 
0 10 6 
0 15. 0 
1 1 0 
Per foot. 

0 10 



















PILOTAGE.—POOLE DISTRICT. 


191 


0 1 


3 3 

4 4 


From Southampton to IIamble, Bursledon, Leap, Buck-) 

ler’s Hard, or Beaulieu, and vice versa.j 

And for any intermediate distance a proportionate rate. 

For every ten leagues beyond the meridian of PeverellI 

Point, for ships not exceeding 14 feet water.j 

For the same distance for ships of more than 14 feet water .. 

And proportionately for intermediate distances. 

Ships not having British registers are to pay one-fourth more of the 
rates of pilotage than stated in the above table. See Exemptions, 
page 183. 

If a master choose to retain or employ a pilot whilst at anchor, the 
rate for the lay-days is to be 7s. Qd. per day, not including the day 
coming in or going out. 


POOLE DISTRICT. 


From Christ Church inclusive to Sr. Alban’s Head, and vice versa; 
and to and from, and into and out of all ports and places within 
those limits. 

N. B.—No master of a vessel is compelled to take a pilot within this district until 
he comes to the entrance of Poole, Studland Bay, or Christ Church, bound to 
one of those places ; but if he do take a pilot between Christ Church and St. 
Alban’s Head, it must be one of the district pilots, if one offer. 


Table of the Rates of Pilotage , for piloting Ships within the Poole 

District. 


Per foot. 

For the pilotage of any vessel from Studland Bay to Poole) s. d. 

Quay.J 3 0 

For the pilotage of any vessel from Studland Bay to Brownsea 2 0 

For the pilotage of any vessel from St. Alban’s or Christ) . ^ 

Church Head to Poole Quay .j 

And in proportion from those Heads to Brownsea, &c. 

For the pilotage of any vessel from any place between either of 3 ^ 

those Heads and Studland Bay to Poole Quay. 

And in proportion from the said places to Brownsea, &c. 

For the pilotage of any vessel outwards the same as for a vessel 
inwards. 

Ships not having British registers are to pay one-fourth more of the 
rates of pilotage than above stated. See Exemptions, page 183. 

The pilot having charge of any ship or vessel, either inwards or out¬ 
wards, and being required by the master or owner to remain on board 
any such ship or vessel, shall be paid 4$. per day in addition to the 
limited pilotage for every day after the first. 

The pilot of any vessel shall, if required by the owner or master only, 
provide a boat with four men to attend her from Stakes to the quay, 
or from the quay to Stakes, to tow her in or out, or to carry ropes on 
shore or to the buoys, as may be necessary, for which service there shall 
be paid the sum of 10 s. 

The pilots shall, at all times, when required by the master or owner, 
lend their assistance to w>rk any vessel to or from the quay, into or 
out of the harbour, for which service they shall be paid as follows, viz. 
—For working a vessel to or from the bay, 5s. ; to or from Brownsea, 
3s.; and to or from Stakes, 2s. per man ; and the same for the boat 
they attend in ; and 4s. per day each man, if detained on board after the 
first day. 

Coasting Vessels to pay two-thirds of the above rates. 







PILOTAGE.—EXETER DISTRICT. 


192j# 

T 

it' 

WEYMOUTH DISTRICT. 

From St. Alban’s Head to Lyme, and vice versa ; and to and from, 
and into and out of, all ports and places within those limits. 

N. B.—No master of a vessel is compelled to take a pilot within this district, until 
he comes within a line drawn frorrrLulworth Cove to the Shambles, or within the 
Race, into the ports of Portland and Weymouth, and off those of Bridport and 
Lyme; but if he do take a pilot between St. Alban’s Head and Lyme, it must 
be one of the district pilots, if one offers. 


T able of the Rates of Pilotage, for piloting Ships within the W eymouth 

District. 


FROM 

INTO 

Under 
8 Feet. 

From 8 
Feet to 
lOFeet. 

Above 
10 Feet. 

A line drawn from") 
Lulworth to the ( 
outer part of the j 
Race or Shambles J 


per 

Foot. 

per 

Foot. 

per 

Foot. 

Weymouth or Port-) 
land Roads or Bay j 

s. d. 
2 0 

s. d. 
2 6 

s. d. 

3 0 

Weymouth or Port-") 
land Roads or Bay j 

Weymouth Harbour.. 

2 0 

2 6 

3 0 

Sea. 

Bridport Harbour .... 

2 0 

2 6 

3 0 



Ditto. 

Lyme Harbour . , 

2 0 

2 6 

3 0 




The same rates of pilotage to be paid outwards. 


Ships not having British registers to pay one-fourth more than is 
stated in the above table. ' See Exemptions, page 183. 

The pilot of any vessel shall, if required by the owner or master 
only, provide a boat with /owr men to attend her from the roads to the 
quay, or from the quay to the roads, to tow her in or out, or carry 
ropes on shore, or to the posts, &c. as may be necessary, for which ser¬ 
vice each man is to be paid 4s. per tide ; the owner of the boat to be 
paid the same as a man. 

Masters of ships taking a pilota£ sea (which is optional to them) to 
pay asioflows, viz. 


£ 

From St. Alban’s Head or Bill of Portland, to off Bridportl 

or Lyme.j ^ 

If 3 leagues from the limits of Weymouth, Bridport, or Lyme 3 

6 ditto..ditto. 4 

10 ditto...ditto. 6 


s. d. 
2 0 

3 0 

4 0 
6 0 


EXETER DISTRICT. 

From Lyme to Bob’s Nose, and vice versa; and to and from, and 
into and out of all ports and places within those limits. 

N. B.—No master of a ship is compelled to take a pilot within this district until he 
comes off the ports of Exmouth and Teignmouth; but if he do take a pilot 
between Lyme and Bob’s Nose, it must be one of the district pilots, if one offer. 























PILOTAGE—EXETER DISTRICT. 


193 


Table of Rates of Pilotage for Vessels in and over Exmouth Bar, to 
the Moorings in the Bight at Exmouth , and out again over the Bar. 


Coasters. 


If above perl 
Register 


d. 


60 Tons' 


80 Tons 

3 

6 1 

per ft. draught 

73 

80 ditto 


90 ditto 

4 

oj 

of water. 

O 

90 ditto 

be 

g 

100 ditto 

4 

6 

ditto 

X 

100 ditto 

’*3 

91 

125 ditto 

5 

6 

ditto 

g 

125 ditto 

>*< 

150 ditto 

6 

0 

ditto 

1 

150 ditto 

175 ditto 

7 

0 

ditto 

H 

pq 

175 ditto 

c 

200 ditto 

7 

6 

ditto 


200 ditto 

c 

250 ditto 

9 

6 

ditto 


250 ditto 

^ . 

300 ditto 

11 

6 

ditto 

bD 

300 ditto ^ 


. 400 ditto 

12 

6 

ditto 

s 

>3 


>> 

rt 

3 

O' 


s g 




Pi 


OJ 


Ships from Foreign Paris. 


If above perl 60Tons' 
Register or > 80 ditto 
Measurement J 100 ditto 
150 ditto 
200 ditto 
250 ditto 
300 ditto 


80 Tons 
100 ditto 
150 ditto 
200 ditto 
250 ditto 12 
300 ditto 13 
350 ditto 15 


6 ) per ft. draught 

6 J " 


of water, 
ditto 
ditto 
ditto 
ditto 
ditto 


o ° a. 
-*-> *S» 

<u o e 
eu bcc 

r* -v § g 

■*- * A ■*- 

e. t? o . £ 
5 ®-S 

• 2 

2 JJ a 
- g«s 
a> o a a 
„ e ^ & 

a s s ?§ °-2 

2 .j J tx® ® ® 

u ^ tc t- 

sr8§ § jjj J 

22 a> w rt 3 ^ 

Si = hj s 2 = 

33 CO a 33 •- fl 

33 33 33 "3 

3 3 3 3 

<; <; ^ 


For Vessels in and out , over Teignmouth Bar 
Ships from Foreign Parts. 


If above per") GOTons") f lOOTons 
Register j 100 ditto « ^ 150 ditto 

150 ditto l 200 ditto 
200 ditto ft SI 250 ditto 
250 ditto * 8 300 ditto 

300 ditto J [ 400 ditto 


s. d. 

3 

3 

4 

4 

5 
5 


g j- per foot, draught of water. 


ditto 

ditto 

ditto 

ditto 


Coasters. 


If above perl 
Register or > 60 Tons 
Measurement J 80 ditto 
100 ditto 
150 ditto 
200 ditto 
250 ditto 
300 ditto j 


r 80 Tons 
100 ditto 
150 ditto 
200 ditto 
250 ditto 
300 ditto 
( 400 ditto 


j- per foot, draught of water. 


ditto 

ditto 

ditto 

ditto 

ditto 


Ships not having British registers are to pay one-fourth more than is 
stated in the preceding table; but see Exemptions, page 183. 

Pilots to provide a boat and crew to assist over the bar to a mooring 
berth, for which they shall be paid, over and above the pilotage, 2s. 6d. 
for each man or oar employed for that purpose. 

Masters of ships taking a pilot off the Bill of Portland, or the 
Start, (which is optional to them,) are to pay beyond the pilotage from 
Bob’s Nose or Lyme, as follows : viz. 

Colliers and coasters. Two guineas. 

Ships from foreign ports. Three guineas. 

And proportionately for intermediate distances, 
o 
















194 


PILOTAGE.—PLYMOUTH DISTRICT. 


DARTMOUTH DISTRICT. 

From Bob’s Nose to the Start, and vice versa ; and to and from, and 
in and out of, all ports and places within those limits. 

N. B._.No master of a vessel is compelled to take a pilot within this district, unless 

going into or coming out of port, within a line drawn from the Mewstone to the 
Blackstone; but if he do take a pilot between Bob’s Nose and the Start, it must 
be one of the district pilots, if one offer. 

Table of the Rates of Pilotage , for piloting Ships within the Dart¬ 
mouth District. 

All British ships, if hoarded without the run of the Mewstone East, or 
the Blackstone West, are to pay as follows : viz. 

Per foot. 
s. d. 


Drawing 10 feet of water and under. 2 6 

10 to 12 feet. 3 0 

12 to 14 feet. .. 3 6 

14 to 16 feet. 4 0 

16 feet and upwards. 5 0 


■ ■ — If hoarded within that line, are to pay one quarter part less. 

-Boarded within the Castle, are to pay only half pilotage; 

subject to the consideration of the weather, which is to be settled by 
the sub-commissioners. 

In carrying ships out of the harbour, the pilotage is to be in all 
cases one-third less than the inward pilotage. 

All ships not having British registers are to pay one-fourth more than 
the rates above stated. See Exemptions, page 183. 

Masters of ships taking a pilot at sea, viz. two leagues or more from 
the harbour’s mouth, are to pay according to circumstances attending 
the hazard run, assistance required, &c. which is to be regulated, in 
case of dispute, by the sub-commissioners. The pilot is to provide one 
proper tow-boat, with at least four men in it; and if further assistance 
of another boat or boats and men be required, the master or owners of 
the ship to pay the additional charge ; and in case of dispute, to be 
settled by the sub-commissioners, and the assistants rewarded according 
to the risk, time, and trouble. 


PLYMOUTH DISTRICT. 

Viz. to the Westward as far as Looe, and Eastward as far as the 
Start ; and to and from, and into and out of, all ports and places 
within those limits. 


N. B.—No master of a vessel is compelled to take a pilot within this district, unless 
going in or coming out of the port, within a line drawn from Rame Head to 
the Mewstone ; but if he do take a pilot between the Start and Looe, it must be 
one of the district pilots, if one offer. 

Table of the rates of Pilotage, for piloting Ships within ^Plymouth 

District. 


Per foot. 


British ships of 14 feet water and upwards, (except East-- 
Indiamen,) if boarded without the land oIFPenlee Point or 
the Mewstone, (which must be known by the western land 
being open off Rame Head,) shall pay, if carried into the 
harbour of Hamoaze, Catwater, or Sutton Pool. 


s. 

5 


d. 


0 











PILOTAGE.—FOWEY DISTRICT. 


195 


4 0 

0 
0 


Per foot. 
s. d. 

British ships under 14 feet water, down to 8 feet, boarded as 

above stated, are to pay for the like service. 

Ships above 14 feet, within that line, are to pay. 4 

Ships under 14 feet, boarded as above, for the like service. 3 

Ships under 8 feet water are to pay as above stated, as if the vessel 
was of that draught. 

All the above rates are to be paid in proportion for every half foot 
of water, but no allowance is to be made for any draught of water less 
than half a foot. 

In carrying ships to sea from the said harbours, the pilotage is to 
be in all cases the same as the inward pilotage. 

All ships which may anchor on their arrival either in Cawsand Bay 
or Plymouth Sound, are to pay only one half of the before-mentioned 
rates of pilotage. 

Ships returning by distress of weather, contrary winds , or on 
account of accident , into Plymouth, to pay only one half the common 
pilotage. Vide the act, § 8. 

All pilots employed to carry ships from any one of the harbours to 
another, are to be paid the same pilotage as if the said ship had been 
boarded within the headlands coming from sea. 

Should any ship above 17 feet water be boarded while the western 
land is open off Rame Head by one of the second class pilots, and he 
runs the ship as far in as either of the buoys on the Panther or 
Shoyel, and is there superseded by one of the first class, he shall 
entitled to one-third of the pilotage. 


be 


Masters of ships taking a pilot at sea:—3 leagues without a) ^ 
line drawn from Rame Head to the Mewstone, are to pay/ 

6 leagues ditto... 4 

10 leagues ditto. 6 


And proportionately for intermediate distances. 

Ships not having British registers are to pay one-fourth more than 
is stated in the above table. See Exemptions, page 183. 

If a master choose to retain or employ a pilot whilst at anchor, the 
rate for the lay-days is to be 7s. 6d. a day, not including the day coming 
in or going out. 

FOWEY DISTRICT. 

From Looe, inclusive , to the Dodman, and vice versd ; and to and 
from, and into and out of, all ports and places within those limits. 

N. B.—No master of a vessel is compelled to take a pilot within this district till 
he comes off the port of Looe ; or within a line drawn from Looe to the Gribben 
Head, for the port of Fowey; or from the Gribben Head to Blackhead, for Pol- 
kerris Bay; or from the Gribben Head to the Dodman, for Mevagissey ; but if 
he do take a pilot between Looe and the Dodman, it must be one of the district 
pilots, if one offer. 

Table of the Rates of Pilotage, for piloting Ships within the Fowey 

District. 

Per foot 
s. d. 


British ships of 14 feet water, and upwards, if boarded without 
the land, off Looe or the Dodman, (which must be known by 
the western land, called the Gray, being open off the Dod¬ 
man, shall pay, if carried into the harbour of Fowey, Meva¬ 
gissey Pier, Charlestown Basin, or Looe.. 

o 2 


5 0 









196 


PILOTAGE.—FALMOUTH DISTRICT. 


Per foot. 
s. d. 

British ships under 14 feet water, boarded as above stated, to) ^ q 

pay for the like service . j 

-above 14 feet, within that line , to pay. 4 0 

-under 14 feet, ( boarded as above,) for the like service 3 0 

All ships not having a British register to pay one-fourth more than 
the rates above stated. See Exemptions, page 183. 

All the above rates to be paid in proportion for every half foot of 
water, but no allowance to be made for any draught of water above or 
under half a foot. 

In carrying ships to sea from the said harbour, the pilotage to be 
in all cases one-third less than the inward pilotage, as mentioned in the 
third article. 

All ships which may anchor on their arrival either in Mevagis- 
sey Bay, or the Sands off Fowey, to pay only one half of the before- 
mentioned rates of pilotage. 

All pilots employed to carry ships from any one of the harbours to 
another, to be paid the same pilotage as if the said ships had been 
boarded within the headlands, coming from sea. 

Masters of ships taking a pilot at sea (which is optional with them)— 

£ s. d. 

3 leagues without a line from the Looe to the Dodman,1 330 


are to pay.J 

6 leagues ditto...*. 4 4 0 

10 leagues ditto. 6 6 0 


And proportionately for intermediate distances. 


FALMOUTH DISTRICT. 

From the Dodman to the Lizard, and vice versa ; and to and from, 
and into and out of all ports and places within those limits. 


N. B.—No master of a vessel is compelled to take a pilot within this district, unless 
going into or coming out of a port within a line drawn from the Manacles to the 
Dodman; but if he does take a pilot between the Dodman and the Lizard, it 
must be one of the district pilots, if one offer. 


Table of the Rates of Pilotage , for piloting Ships within the 
Falmouth District. 


FROM 

TO 

8 Feet 
& under 

8 

to 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

Sea and) 
vice versa) 

Carrick Road, Fal-^ 
mouth and St. ( 
Mawes’ Harbours, f 
and St. Just Pool 

s. 

24 

s. 

30 

s. 

35 

s. 

42 

s. 

46 

s. 

50 

s. 

55 

s. 

60 

s. 

67 

s. 

75 

s. 

84 

s. 

94 

s. 

105 

s. 

120 

Ditto, .ditto. 

Helford Harbour.... 

21 

24 

27 

30 

34 

38 

42 

47 

52 

60 





Car rick f 
Roads and< 

| vice versa f 

Falmouth and St.) 
Mawes’Harbours, > 
and St. Just Pool J 

One shilling and sixpence per foot of the 
draught of water. 




































PILOTAGE —PENZANCE DISTRICT. 


197 

Ships taking a pilot at sea, are to pay— £ s. d. 

For putting a pilot on board without a line drawn from the) g 9 q 

Manacles to the Dodman.J 

-Ditto from the entrance of Helford Harbour to the] . . ~ 

Gull Rock.. .) 

-Ditto a mile without the Shag Rock or PendennisI ^ g 

Point.J 

-Ditto of the Lizard, or in the parallel of the Lizard,] 

(or meeting a vessel there and running before her, notl 330 
being able to put a pilot on board, provided the master ofj 
the vessel consents to receive a pilot at that distance)... . J 
Ships returning by distress of weather , contrary winds , or on 
account of accident , into Falmouth, to pay only half the common pilot¬ 
age. Vide the act, § S. 

Ships not having British registers , are to pay one-fourth more of the 
rates of pilotage than stated in the above table . See Exemptions, 
page 183. 

N. B.—No allowance for a pilot going on board a ship in the har¬ 
bour to take her out, except in extremely bad weather, or when ships 
are on shore, or making signals of distress, in which cases a reasonable 
compensation is to be made. 

PENZANCE DISTRICT. 

From the Lizard to Cape Cornwall, and vice versd; and to and 
from, and into and out of all ports and places within those limits. 

N. B.—No master of a vessel is compelled to take a pilot within this district, until 
he comes within a line drawn from St. Clement’s Isle to Trewavas Head, for 
Mount’s Bay and Penzance ; but if he does take a pilot between the Lizard 
and Cape Cornwall, it must be one of the district pilots, if one offer. 

Table of the Rates of Pilotage, for piloting Ships within the Penzance 

District. 




-4-> 

8 













FROM 

TO 

^ § 

to 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 




10 















s. 

s. 

s. 

s. 

s. 

s. 

s. 

s. 

s. 

s. 

s. 

s. 

s. 

s. 

Sea, and vice 1 

Either of the Road-1 















steads or Piers in > 

10 

16 

24 

30 

35 40 

45 

50 

55 

60 

67 

77 

87 

97 

versa..... | 

Mount’s Bay.... J 


1 













All Road-( 
steads, and/ 
vice vers& . ( 

Either of the differ-] 
ent Piers in > 

Mount’s Bay ... J 

One shilling and sixpence per foot of the 
draught of water. 



Ships not having British registers are to pay one fourth more than 
stated in the above table. See Exemptions, page 183. 


Boats and vessels boarded by pilots at a distance southward of the 

Bay:— 


£ s. d. 


For putting a pilot on board without a line drawn from the 

Lizard to Tol Pedan. 

Ditto, within a line drawn from the Lizard to Tol Pedan, 
and without a line drawn from Carn Dew to Pengwinion 
Point...... 


2 

i 


2 0 

1 0 



























198 PILOTAGE.—PADSTOW DISTRICT. 

£ s. d. 

Ditto, within a line drawn from Carn Dew to Peng- 
winion Point, and within a line drawn from St. Cle¬ 
ment’s Isle to Trewavas Head. 

And within those limits to be charged inwards only. 


| 0 10 0 
0 5 0 


SCILLY DISTRICT. 

Table of the Rates of Pilotage, for piloting Vessels within the Scilly 
District, in and out . 


£ s. d. 

Coasting vessels of 60 tons. 1 1 0 

60 to 7 5. 1 H 6 

75 to 100 . 2 2 0 

100 to 200 . 2 12 6 

200 tons. 3 3 3 

Vessels from foreign ports, 

60 tons. 2 2 0 

100 . 2 12 6 

200 . 4 4 0 

300 .. 5 15 6 

400 . 6 6 0 


And in proportion for greater tonnage. 

Ships not having British registers , are to pay one-fourth more than 
is above stated. See Exemptions, page 183. 


PADSTOW DISTRICT. 

The corporation of Trinity-house, of Deptford Strond, have by order 
dated December 7, 1S30, licensed pilots to conduct ships and vessels 
within the following limits, viz.—Between the Mouls eastward of 
Pentyre Point, and the quays westward of Trevose Head, and into 
and out of all ports and places within those limits. 

A Table of the Rates of Pilotage within the, Padstow District. 

£ s. d. 

Vessels belonging to the port of Padstow under 200 tons (if 


drawing less than 12 feet water.) 

From Stepper Point inwards , per ton . 0 0 1 

To Stepper Point outwards . 0 0 0J 

not belonging to Padstow , under 200 tons (if 
drawing less than 12 feet water.) 

From Stepper Point inwards , per ton. 0 0 1^ 

To Stepper Point outwards . 0 0 Oj 


-above 200 tons, whether belonging to the port or 

not, are tor the same distances to pay, per foot: 


If drawing 
12 feet. 

13 feet. 

14 feet. 

15 feet. 

16 feet. 

17 feet. 

18 feet and 
upwards. 

s. d. 

s. d. 

1 s. d. ■ 

s. d. 

s. d. 

s. d. 

s. d. 

4 0 

4 6 

1 5 0 

5 6 

6 0 

6 6 

7 0 































PILOTAGE.—PADSTOW DISTRICT. 


199 
£ s d. 


Vessels not having British registers are to pay one-fourth 
more than vessels having British registers , except 
when such first mentioned ships shall by order 
in council be privileged to enter the ports of this 
kingdom , upon paying the same duties of ton¬ 
nage as are paid by British vessels, in which 
case such vessels not having British registers 
shall pay the like rates as vessels having British 
registers. See Exemptions, page 183. 

-taking a pilot to seaward of Stepper Point, but 

within a line drawn from the Mouls to the 
Quays, are to pay in addition to the above rates, 

per foot. 0 I 0 

-taking a pilot without or to seaward of such last 

mentioned line, are to pay in addition, per foot 0 1 f> 

-not exceeding the burthen of 200 tons, taking a pilot 

for Padstow. 

At a distance of 3 leagues from the land, are to pay 2 0 0 

Ditto 6 ditto ditto 2 13 4 

Ditto 10 ditto ditto 4 0 0 

Which is to be denominated distance money, 
and to be paid in addition to the rates above 
established for the pilotage of vessels from 
Stepper Point to Padstow, or to Stepper Point 
from Padstow. 

- above 200 tons to pay one-third more than the said 

respective rates of distance money. 

-piloted from Padstow to sea, and returning in con¬ 
sequence of distress of weather, contrary winds , 
or accidents, into the said port, within thirty-six 
hours from the time of their sailing from thence, 
are to be subjected to half pilotage only. 

Pilots detained on board of vessels performing quarantine, 
or detained under any other restrictions, or 
carried to sea, are to be paid until they shall re¬ 
turn to Padstow, allowing a reasonable number 

of days for that purpose, per day. 0 7 6 

-not boarding vessels before they shall have arrived 

abreast of the Inner Capstan, shall not be en¬ 
titled to demand or receive more than three- 
fourths of the pilotage for piloting a vessel from 
Stepper Point to Padstow; if not before they 
shall have arrived abreast of Gun Point , they 
shall not be entitled to demand or receive more 
than two-thirds of such pilotage ; and if not be¬ 
fore they shall have arrived abreast of St. Sa¬ 
viours Point, they shall not be entitled to 
demand or receive more than one-half of such 
pilotage. 

Rewards for assistance rendered by pilots to vessels in distress, to be 
determined by the sub-commissioners of pilotage. 

J. HERBERT, 

Secretary. 







*200 


PILOTAGE. 


BRISTOL CHANNEL. 

(Separate Jurisdiction .) 

(See 6 Geo. IV. c. 125. § 89. page 176.) 

47 Geo. III. sess. 2. c. 33. 

An Act for ascertaining and establishing the Rates of Wharfage , Can - 
nage , Plan/cage, Anchorage , and Moorage , to 6e received at the 
lawful quays in the port of Bristol; for the regulation of the 
Cranekeepers in the said port; and for the better regulation of 
Pilots and Pilotage of Vessels navigating the Bristol Channel. 

Whereas the Mayor, Burgesses, and Commonalty of the city of 
Bristol, by ancient charters and grants from the Crown, have been for 
several hundred years past owners of the port of Bristol, with several 
creeks and harbours in the Bristol Channel as members thereof; and 
the said Corporation are conservators of the rivers within the said port 
from a certain place about four miles eastward of the said city to 
Ringroad , and so down the river Severn and Bristol Channel, to the 
two small islands called the Stipe Holmes and the Flat Holmes , and 
are seised of and in all and singular the wharfs and quays used as 
lawful quays in the city and port of Bristol, &c. and have from time im¬ 
memorial received a rate or duty of wharfage,* can nage, and plankage, 
for goods landed upon or shipped from the said quays or wharfs, and 
also a rate or duty of anchorage and moorage for all ships and other 
vessels anchoring or mooring at the said quays or wharfs, &c.: and 
whereas the mayor, aldermen, &c. by such charters, by ancient usage, 
and also by the authority of an act of parliament passed in the 11 and 12 
Will. III. c. 23., and another act passed in the 43 Geo. III. c. 140 local, 
have from time to time appointed persons to be and officiate as pilots 
within the port of Bristol, and jurisdiction aforesaid, &c.; and whereas 
also the mayor and justices of the said city have, by authority of the 
said acts, power from time to time to make such orders and constitu¬ 
tions, and appoint such officers as shall be necessary for the regulation 
and government of pilots, masters of ships and vessels, mariners, and 
others navigating and using the said port: and it is expedient that the 
jurisdiction, power, and authority of the said mayor, and of the said 
mayor and justices, be extended to the appointment of pilots for the ' 
conducting of ships and vessels into and out of and upon the whole of 
the Bristol Channel, and the several ports, harbours, and creeks be¬ 
longing to and running from the same, and to the making such orders 
and constitutions, and appointing such officers as shall be necessary for 
the well ordering and good government of pilots, masters of ships and 
vessels, mariners, and others, and all vessels passing up and down or 
upon the Bristol Channel to and from the eastward of Lundy Island, 
and in and upon the several creeks of the said Channel: he it enacted 
that— 

Vessels navigating the Bristol Channel to be conducted by pilots 
licensed by the corporation of Bristol.— All vessels passing up, down, 
or upon the Bristol Channel to the eastward of Lundy Island , (except 
coasting vessels and Irish traders,) shall be piloted by pilots duly 


* The rates of wharfage, cannage, and plankage, and for landing and shipping of 
goods, besides being very voluminous, forming no connesion with this chapter, are 
omitted. 




BRISTOL CHANNEL. 201 

licensed by the mayor, burgesses, and commonalty of the said city of 
Bristol, by warrant under their corporate seal ; and the master or 
owner of every ship which shall be navigated in the limits aforesaid, 
without a pilot licensed as aforesaid, shall forfeit double the sum 
which would have been demandable for the pilotage of such ship, 
together with five pounds for every fifty tons burthen of such ship. § 9. 

Except where no pilot can be procured. —But nothing shall extend 
to subject to any penalty any owner or master of any coasting vessel or 
Irish trader using the navigati-^n of the Bristol Channel, or the rivers 
Severn or Avon, upwards or dovftiwards, or any owner or master of any 
other ship or vessel who shall employ any person, or act himself as a 
pilot for the conduct of his ship or vessel in any case where a licensed 
pilot cannot be procured. §10. 

Penalty on persons acting as pilots without being licensed .— 
No person shall take charge of any vessel, or in any manner act as a 
pilot, or receive any compensation for acting as a pilot within the limits 
aforesaid, unless authorized by licence under the seal of the said mayor, 
&c. (which licence it is hereby declared shall express the name of the 
pilot so acting and the district aforesaid) ; and no such pilot shall act 
without having his licence at the time of his so acting in his personal 
custody, ready to be produced, which shall actually be produced to 
any person who shall lawfully require to see the same, or shall act in 
the British seas out of the limits expressed in his licence, on pain of 
forfeiting a sum not exceeding ten pounds , for the first offence, and for 
any second or subsequent offence any sum not exceeding twenty pounds . 

§ II. 

Executors of deceased pilots to return their licences. § 12. 

Not to extend to cases where ships are in distress. —This act shall 
not hinder any person from assisting any ship or vessel in distress, or 
subject such person, or the owner or master employing such person in 
the limits aforesaid, to the penalties of this act. § 13. 

Licensed persons may supersede unlicensed persons. —Any licensed 
pilot may supersede any person not licensed as a pilot in the charge 
of any ship within the limits aforesaid; and every master who shall 
continue any person not licensed after any pilot licensed shall have 
offered to take charge of such ship, and every person assuming or con¬ 
tinuing in the charge or conduct of any ship within the limits aforesaid, 
without being duly licensed, after any other pilot licensed shall have 
offered to take charge thereof, shall respectively forfeit a sum not ex¬ 
ceeding ten pounds. §14. 

Pilots keeping public-houses, or concerned in practices against the 
revenue, to forfeit their licences. § 15. 

Pilot boats running before any ship to be entitled to rates. —If any 
vessel or boat belonging to a licensed pilot, shall run before any ship 
or vessel not having a licensed pilot on board for the purpose of direct¬ 
ing the course of such ship until a pilot can be put on board, the 
pilot so put on board, and the pilot to whom such vessel shall belong, 
shall be entitled to the pilotage, proportionably and according to the 
circumstances of the case to be proved on oath, if required. § 16. 

The mayor , fyc. and justices in sessions to establish pilot's rates .— 
The mayor, aldermen, and common councilmen, in common council 
assembled, are authorized and required to establish regular rates of 
pilotage for all pilots licensed for the said Bristol Channel, and also 
rates or allowances for pilots taken to sea; and justices in general 
quarter sessions assembled, may from time to time alter or vary, in- 


202 PILOTAGE. 

crease or diminish such rates, giving notice of such rates, and of all 
alterations therein, by hanging up tables thereof at the custom-house in 
the said port of Bristol. § 17. 

Rates and by-laws to be made for the better regulation of pilots in 
the Bristol Channel. —All persons licensed to'act as pilots, or otherwise 
employed in any vessel or pilot boats, shall be subject to the regulations 
and government of the said mayor, burgesses and commonalty; and 
the mayor, aldermen, and common council of the said city of Bristol, in 
common council assembled, are authorized and empowered, as well for 
the management and government of such pilots and persons, as for 
punishment of misconduct, to make such by-laws, rules, orders, regula¬ 
tions, and ordinances, as they shall think fit, which shall, when ap¬ 
proved of as after-mentioned, be binding and effectual on all such pilots 
and persons in all matters and things relating to pilotage, and also to 
annex such reasonable penalties and forfeitures for the breach of such 
by-laws, &c. as to them shall seem expedient in that behalf, and to alter 
and amend all or any of the existing by-laws, or to make such other 
new by-laws, &c. as they shall think proper, so as such by-laws, &c, be 
conformable to this act, and contain nothing repugnant to the laws of 
that part of the United Kingdom called England. § 18. 

By-laws to be sanctioned by the justices in sessions. —The rates to be 
fixed, and all by-laws to be made under and by virtue of this act, shall 
be examined, sanctioned, and approved by the justices of the peace in 
and for the city and county of the city of Bristol, in general sessions 
assembled, such sanction and approbation to be verified under the hand 
and seal of the proper officer of the said court; and all such by-laws, 
&c. shall be observed and kept, and put in execution, and have the 
same force and efFect, and operation, to all intents and purposes, as if 
the same were respectively enacted and declared by this act. § 19. 

By-laws to be hung up in the Custom-house. —Copies of all such by¬ 
laws, &c. as shall be so made, shall be written or printed in large cha¬ 
racters, and shall be hung up in some public or conspicuous place in 
the Custom-house in the said port of Bristol. § 20. 

Penalty on pilots refusing to take charge of vessels , exacting more 
than the pilot's rate , or not completing the service. —Every pilot licensed 
under this act who shall refuse to take charge of any ship or vessel, or 
who shall exact any fee or reward beyond the established rules of pilot¬ 
age in the said channel, or who shall quit any ship or vessel, or decline 
the pilotage thereof, after he shall have been engaged or gone alongside 
thereof, without leave of the owner, master, or captain, or before the 
service shall have been performed for which he was hired, or shall by 
drunkenness render himself incapable of conducting such ship, or shall 
negligently, ignorantly, or wilfully run such ship on shore, or shall, by 
misdirection or otherwise, do any injury to the same, or to the tackle or 
furniture thereof, or shall lend his licence or warrant to any unlicensed 
person, to enable or assist him in acting or claiming to act as a licensed 
pilot, shall forfeit for every such offence any sum not exceeding twenty 
pounds , and shall be liable to be dismissed from being a pilot, at the 
discretion of the said corporation. § 21. 

Pilots assisting vessels not to have greater sums than settled.— No 
pilot or other person owning any pilot boat, or any other boats or vessels 
used in assisting ships or vessels in the said Bristol channel, shall 
charge any greater rate or sum of money for assistance, than shall have 
been or shall be allowed or settled by the said justices of the peace in 
general quarter sessions assembled; and every pilot charging any 


BRISTOL CHANNEL. 


203 


greater rate or sum of money than shall have been allowed, shall forfeit 
double the amount of the sum so charged, one moiety to the owner of 
the ship or vessel, and the remainder to the pilots’ fund. § 22. 

Owners, fyc. of foreign ships to pay pilotage on oath that the captain 
had not paid same. —The owners, consignees, or agents of all foreign 
ships shall be liable to the payment of, and shall pay all sums for pilotage 
due to the pilot who shall have piloted the said ship in the Bristol chan¬ 
nel, on proof being made on oath before any justice of the peace, that 
the same has not been paid by the captain of such ship or vessel: Pro¬ 
vided such demand shall be made and oath taken within two calendar 
months after such pilotage becomes due. § 23. 

Persons taking false oaths liable to the penalties of perjury. § 24. 

Recovery of pilotage, —All sums of money which shall become due 
to any licensed pilot for pilotage, or by way of compensation or allow¬ 
ance for any services performed in the said Bristol channel, shall be 
recovered from the owners or masters of ships or vessels, or the owners, 
consignees, or agents thereof (as the case may be) who have paid or 
made themselves liable to pay any other charges for such ship or vessel 
in the port of her delivery, and may be levied and recovered in such 
and the like manner, as any penalty may be recovered and levied under 
the provisions hereof, demand thereof in writing being made at least 
five, days before any such levy. § 25. 

Captains of ships entering inwards or clearing outwards, to give the 
pilot's name ,—under penalty of twenty pounds. § 26. 

Certain penalties to be recovered before justices of the peace. —That 
all fines, penalties, and forfeitures imposed by any by-law, the manner 
of recovering whereof is not before directed, not exceeding twenty 
pounds, or in respect of which any sum less than twenty pounds may 
be awarded at the discretion of the justice hearing the offence, may be 
levied and recovered within six calendar months, before any justice of 
the peace for the county, &c. where the offence shall be committed, or 
if committed by any pilot, or person or persons claiming, or who shall 
have claimed to act as a pilot, before any justice of the peace or magis¬ 
trate of the said city and county of Bristol, or of the city, town, or port 
to which such pilot shall belong, or if committed by any owner or 
master of any ship or vessel by any justice of the peace or magistrate 
of the said city and county of Bristol, or of the city, town, or port at 
which such owner or master shall reside, or to which the ship of such 
owner or master shall belong. If fine be not immediately paid, the 
offender may be committed to gaol for three months, and not less than 
twenty-one days. § 27. 

Other penalties how to be recovered. —Fines above twenty pounds to 
be recovered by action of debt, &c. in any of his Majesty’s courts of 
record at Westminster. § 28. 

Witnesses not attending upon summons to forfeit ten pounds. § 29. 

Application of penalties. (These are to be for the relief of superan¬ 
nuated and decayed pilots, as the mayor, &c. shall direct.) § 30. 

Persons escaping into other counties may be foliov\ed. § 31. 

Distress not unlawful for want of form. § 32. 

Parties aggrieved may appeal within three months. § 35. 

Actions to be commenced within six months. § 36. 


204 


PILOTAGE. 




TABLE OF RATES OF PILOTAGE. 

Every licensed pilot who navigates a ship or vessel from Lundy Island, 
or westward thereof, to Kingroad. 


£ s. d. 

Of 100 tons register burthen. 3 3 0 

100 and under 200 . 4 4 0 

200 and under 300 . 5 5 0 

300 and upwards. 6 6 0 

From Combe to Kingroad. 

Under 100 tons register. 2 2 0 

100 and under 200. 2 16 0 

200 and under 300. 3 10 0 

300 and upwards. 4 4 0 

From Minehead to Kingroad. 

Under 100 tons register. 1 1 0 

100 and under 200. 1 8 0 

200 and under 300. 1 15 0 

300 and upwards. 2 2 0 

From the Holmes to Kingroad. 

Under 100 tons register. 0 10 6 

100 and under 200. 0 14 0 

200 and under 300. 0 17 6 

300 and upwards .. 1 1 0 


Every pilot who unmoors or carries a ship or vessel under one hun¬ 
dred tons register from any part of the River Avon, and moors her in 
Cumberland or Bathurst Basin, or who unmoors or carries such ship or 
vessel from either of those basins, and moors her in or proceeds with 
her down the said river, shall be entitled to the following:— 


£ s. d. 

Under 40 tons register. 0 4 0 

40 and under 60. 0 5 0 

60 and under 80... 0 7 6 

80 and under 100. 0 10 0 


Every pilot who unmoors and carries a ship from Portishead, King¬ 
road, Hungroad, or Broad Pill, and moors her in Cumberland or 
Bathurst Basin ; and who unmoors or carries a vessel from either of 
those basins, and moors her in Portishead, Hungroad, Broad Pill, or 
Kingroad, or any other of such places, or proceeds with her on her 
voyage, shall be entitled to the following:— * 

£ s. d. 


Under 100 tons register. 0 10 0 

100 and under 200. 0 15 0 

200 and under 300. 1 o o 

300 and upwards. 1 5 0 


























BRISTOL CHANNEL. 


For each mail employed on board, or for hauling* or towing any 
vessel, and mooring and unmooring, from Bathurst or Cum¬ 
berland Basin to Hungroad, Pill, and Broad Pill, and from > 
either of those places to Cumberland or Bathurst Basin, the 

pilot shall receive and be entitled unto, per man. 

Or from Bathurst or Cumberland Basin to Kingroad and] 
Portishead, or either of them, or from either of those places > 
to Cumberland or Bathurst Basin, he shall receive, per man 
And the pilot shall be entitled to, and shall receive for each tow¬ 
boat and yawl employed in towing or assisting, mooring, and 
unmooring any vessel from Portishead, Kingroad, Hungroad, 
or Broad Pill, into Cumberland or Bathurst Basin, and out of • 
Cumberland or Bathurst Basin to Portishead, Kingroad, 
Hungroad, or Broad Pill, the sums following, viz.— 

For a tow-boat. 

For a yawl. 

And he shall receive for every boat used in towing, unmooring,' 
and mooring any ship or vessel from either of the following 
places to any part of such places, viz.—Portishead, Kingroad, 
Pill, or Hungroad; or for unmooring, new-berthing, and 
again mooring any ship or vessel in either of the said last- 
mentioned places, the sums following, viz.— 

For every tow-boat. 

For every yawl. 

And every man who shall be engaged, or be discharged at] 
Hungroad or Pill, without being employed to assist in moor-> 
ing or unmooring, shall be entitled to, for his fee or wages . . J 
And the pilot shall be entitled, for the boats not employed in sol 

mooring and unmooring,—for a tow-boat.j 

And for a yawl. . 

The pilot of all vessels above three hundred tons shall be allowed] 
for an assistant pilot , in the river pilotage, (such assistant}” 

being a licensed pilot,) the sum of. 

Such assistant not being a licensed pilot. 

There shall be allowed for each horse used in town 

or vessel, a sum not exceeding. 

And to the driver. 


s. 

3 


3 


6 


3 


4 


2 

2 

4 

2 

10 

3 

6 


20ft 

d. 

3 


9 


0 


0 


0 


6 

9 

0 

6 

0 

3 

0 

v 


It is ordained, constituted, and provided, that every licensed pilot 
shall attend to and obey the orders and directions of the haven-master, 
for the time being, as to the number of horses, men, and boats, to be 
employed in assisting or navigating any ship or vessel up or down the 
river; and in mooring or unmooring any ship or vessel, and that no 
pilot shall be entitled to charge or demand for any greater number of 
men, horses, or boats, than the haven-master, for the time being, shall 
deem right and proper; and that no pilot shall demand or apply for 
payment of any note for pilotage, until the same is approved by the 
haven-master, for the time being, and his approval testified by his sig¬ 
nature thereto; and that every pilot who shall offend against this order, 
and also every pilot who shall conduct himself contemptuously, or give 
abuse or improper language to the haven-master, or to any person or 
persons employing him, shall forfeit and pay for each offence any sum 
not exceeding Jive pounds , and shall, for the second offence, lose his 
licence, and be discharged from being a pilot. 


















PILOTAGE. 


206 

It is ordained, constituted, and provided, that the haven-master, for 
the time being, shall be paid by the pilot for examining the pilotage 


note of a ship or vessel:— s. d. 

Under 100 tons registered burthen. 1 0 

100 and under 200. 2 0 

200 and upwards. 3 0 


And that such sums shall be added to the pilotage note, and paid 
therewith by the master and commander, merchant, or owner of such 
ship or vessel. 

All foreign vessels coming to or going from the port of Bristol 
shall pay one-fourth part more of the Channel-pilotage than is herein¬ 
before directed to be paid, to raise a fund for the purpose of relieving 
decayed pilots and their families, and for assisting meritorious and de¬ 
serving pilots, who, in the execution of their duty, may be unfortunate 
in the loss or stranding of their skiffs ; such surplus-pilotage to be col¬ 
lected by an officer to be appointed by the mayor, aldermen, and common 
council, and the management of the fund to be under their direction. 

In case any ship or vessel shall be in distress, either in the outward 
or homeward-bound voyage, and any pilots or men shall run an immi¬ 
nent risk or hazard in going to the relief of such ship or vessel, the pilots 
or men so assisting shall have reasonable satisfaction for the assistance 
so given, according to such assistance and the risk and hazard run ; and 
in case of a difference of opinion as to the amount of such satisfaction, 
the same to be ascertained by two of his Majesty’s justices of the peace 
acting for the city and county of Bristol. 

If any licensed pilot shall proceed with any ship or vessel as far as 
Minehead, Combe, or Lundy Island, and be forced by stress of weather 
to return to Ringroad or Portishead, he shall be allowed one-third 
part of the Channel pilotage, according to the distance such vessel may 
have reached before she shall have put back. 

Each pilot’s skiff shall be marked with the number appointed for her 
by the haven-master, in black paint on the three lower sails, such num¬ 
ber to be at least four feet in length ; the hull to be painted black, with 
a white streak under the gun-whale; to be also numbered on the bow, 
and the pilot’s name on the stern ; and to carry a flag constantly at the 
mast-head, with blue and white horizontal stripes, of the dimensions of 
four feet by five. All tow-boats and yawls to be likewise marked with 
their respective numbers, under a penalty not exceeding Jive pounds. 

Any pilot who shall pass by a vessel having a signal for a pilot flying, 
for the purpose of taking charge of any other vessel, or on any other 
account, shall forfeit a sum not exceeding^/?ue pounds. 

By order of the mayor, aldermen, and common council, 

9 June , 1813. WORRALL, Town Clerk. 

At a Court of Common Council, holden December 8, 1819, it was 
ordered, that if any owner, master, licensed pilot, or any other person, 
shall moor, or caused to be moored or placed, any vessel in any part 
of the River Avon, which shall in any manner impede or obstruct the 
navigation, or the free use of the towing-paths adjoining thereto, such 
persons shall, for every offence, forfeit the sum of Jive pounds; and for 
every subsequent tide during which such obstruction shall remain, the 
further sum of two pounds ten shillings. 


LUDLOW, Town Clerk . 





BRISTOL. 


207 


Anchorage and Moorage at the Legal Quays. 

47 Geo. III. sess. 2. c. 33. 

Rates of anchorage and moorage .—After the passing of this act, 
there shall be paid unto the mayor, &c. for every ship, bark, or other 
vessel anchoring or mooring at the lawful quays of the city and port 
of Bristol, the rates or duties according to the tonnage of such ship or 
vessel, set forth in the schedule hereunto annexed. § 1. 

No ship to be entered inwards tilt duties paid , Sfc .—No collector of 
his Majesty’s customs in the port of Bristol, shall, on any account 
whatsoever, permit any ship to be entered inwards until the master 
shall have paid the duty hereby declared to be payable for such ship, 
and shall have produced a certificate, under the hand of the officer 
appointed under the authority of this act to receive the said rates, 
certifying the same to have been paid, upon pain of forfeiting to the use 
of any person who shall sue for the same the sum of twenty pounds , 
together with costs of suit; and which sum shall, within twelve calendar 
months after the offence committed, be recovered in any of his Majesty’s 
courts of record at Westminster, by action of debt. § 3. 

Penalty on masters of ships refusing to pay the rates .—If any mas¬ 
ter or owner of any ship shall at any time hereafter refuse to pay to 
the collector the rates hereby made payable, or any part thereof, or shall 
evade payment of the same, such person shall forfeit a sum equal to 
double the rates so evaded or refused; and such sum shall, within 
twelve calendar months after the offence committed, be recovered from 
such master or owner, in any of his Majesty’s courts of record at 
Westminster, by action of debt, &c. § 4. 

Nothing herein to lessen the rights of the quay-warden, water- 
bailiff, or of the mayor of Bristol. § 5. 


RATES OF ANCHORAGE AND MOORAGE. 


All coasting vessels from ports to the westward of The Holmes,'j 

s. d. 

not exceeding 40 tons burthen, for anchorage and moorage, > 

0 9 

each voyage ......... •. 






All ditto at and above 40 tons, for ditto..... 


1 6 


Anchorage, 

Moorage, 


each. 

per ton. 


s. d. 

s. d. 

All other vessels, under 30 tons. 

2 6 

0 0£ 

-above 30 and under 100 tons ... 

5 0 

0 0£ 


5 0 

0 1 




















208 


PILOTAGE. 


PORT OF NEATH. 

fSeparate Jurisdiction.) 

(See 6 Geo. IV. c. 125. § 89. page 176.) 

39 and 40 Geo. III. c. 107. 

An Act for the Appointment and Regulation of Pilots and Hoblers 
for the conducting of Ships and Vessels into and out of the Port or 
Harbour and River of Neath, in the County of Glamorgan; for 
placing Buoys upon the Bar of Neath, and the Removal of Obstruc¬ 
tions in the said Port or Harbour and River; for regulating the 
Mooring of Ships and Vessels therein; and for the Regulation of 
Porters within the said Port or Harbour and River, and within the 
Town of Neath. 

Whereas the port or harbour and river of Neath, in the county of 
Glamorgan, by the means of the opening and working of several exten¬ 
sive collieries, &c. in its vicinity, is become a place of very considerable 
trade, and a great nursery for seamen ; and whereas it would be useful 
and advantageous to the trade and commerce of the town, and would 
greatly tend to the safety of ships and vessels sailing or trading from 
and to the said port, and be of general benefit to his Majesty’s subjects 
resorting with their ships or vessels thereto, if effectual powers were 
given for appointing and regulating of pilots and hoblers for conducting 
such ships or vessels between the said port or harbour and river, and 
the sea, and for a small distance out at sea, &c., and for appointing and 
regulating of porters within the said port or harbour and town ; and for 
preventing persons not so appointed from acting as pilots or hoblers of 
any such ships or vessels, or porters, within the said port. 

Commissioners empowered to license pilot*, fyc. —The commissioners 
appointed by virtue of this act are authorized and empowered from time 
to time, by writing under their hands, to license and appoint such per¬ 
sons as they shall, upon examination touching their skill and abilities, 
approve and think properly qualified, to be pilots, hoblers, and helpers, 
for the conducting of ships and vessels into and out of the port or har¬ 
bour and river of Neath, and upon any part thereof, and for a small 
distance out at sea, within or without the bay of Neath; and the 
persons so licensed shall, for the purposes of this act, be called river 
pilots and river hoblers; and shall also appoint such persons as they 
shall think proper to be porters within the said port or harbour and 
river of Neath; and if any person, without having such licence to act 
as a river pilot, shall take upon himself to conduct or pilot any ship or 
vessel into or out of the said port or harbour and river, or within the 
same, or in or without the said bay ; or if any person, without having- 
such licence to act as a river hobler, shall take upon himself to assist or 
help any ship or vessel into or out of the said port or harbour and river, 
or within the same, or in or without the said bay; or if any person, 
without having such licence to act as a porter, shall take upon himself 
to land or carry any goods or merchandize from or to any ship or 
vessel lying within the said port or harbour and river, every such person 
shall respectively forfeit, for every such offence, any sum not exceeding 
Jive pounds. § 1. 




PORT OF NEATH. 


209 


Certain vessels, not exceeding thirty tons, not required to be piloted .— 
Nothing to extend to oblige the master of any ship outward-bound, alter 
she has been piloted out of the said port or harbour and river over the 
said bar, to employ any pilot or hobler to conduct such ship to cross or 
pass further out at sea, nor to oblige the master of any ship in the 
limestone trade or other coasting trade inward or outward-bound, 
whether laden or unladen, (so that any such ship in the limestone trade 
do not exceed thirty tons , and in the coasting trade do not exceed 
twenty tons, by admeasurement, to be ascertained by the register 
thereof,) to employ or make use of any pilot or hobler :—Provided 
that nothing shall extend to prevent any owner, part owner, master, 
or mate of, or any person belonging to any ship inward-bound, not¬ 
withstanding such ship shall exceed the burthen of thirty tons, from 
conducting or piloting the ship to which he shall belong into and up 
the said port or harbour and river of Neath, in case none of the said 
river pilots shall be ready and offer to conduct and pilot the same, nor 
to prevent or hinder any person or persons from assisting any ship in 
distress. § 2. 

Pilots, tyc. subject to certain rules and by laws. —Every person who 
shall be licensed as a river pilot, river hobler, or porter, shall be subject 
to the several clauses, regulations, and provisions in this act contained, 
and to such orders, rules, and by-laws, as shall be made in pursuance 
hereof. § 3. 

Commissioners may suspend pilots , fyc. —The commissioners, by 
writing under their hands, may at any time suspend, discontinue, or 
vacate the licence granted to any river pilot, who shall refuse or 
neglect to take the charge or conduct of any ship, or to any river 
hobler, who shall refuse or neglect to assist or help any ship, or to any 
such porter who shall refuse or neglect to land or carry any goods or 
merchandize ; or whoever of them shall behave improperly in the dis¬ 
charge of his duty, on such refusal, neglect, or improper conduct being 
made a subject of complaint by any person aggrieved to the said com¬ 
missioners. § 4. 

Who to be commissioners* —And all acts authorized or directed to be 
done by them, may be done by any five or more of them, (being the 
major part assembled at their respective meetings,) and the same shall 
be as valid and effectual as if done and executed by all the said com¬ 
missioners, unless otherwise as hereinafter particularly directed. § 5. 

Meeting of commissioners. —The commissioners to meet together on 
the second Wednesday in every month, and may also adjourn such 
meeting to any future time, to be held at the Ship and Castle Inn, or 
at any other suitable and convenient place as they or the major part of 
them at such meeting shall appoint; and every commissioner who may 
be a justice of the peace of the county of Glamorgan may act as a jus¬ 
tice in the execution of this act, notwithstanding his being a commis¬ 
sioner, except only in such cases where he may be personally concerned 
or interested. § 6. 

Pilots, Sfc. to assist king’s ships in preference to others. —Every river 
pilot and hobler shall at all times afford every assistance in his power to 
any ships on his Majesty’s service, and when any of them shall, by 
signal or otherwise, appear to be in want of a pilot or hobler, shall go 
to pilot and assist such ships in preference to any other ship or vessel 


* These are the several owners of the Brilonferry estate, the Gnoll estate, the Neath 
Abbey estate, and others. 


P 




210 


PILOTAGE. 


whatsoever; and in case any river pilot shall refuse or neglect to 
take the charge or conduct of any of his Majesty’s ships, or any other 
ship or vessel whatsoever, or any river hobler shall refuse or neglect to 
help and assist the same, upon a proper signal being made, or a gun 
fired by any ship inward-bound, or at the request of the master, com¬ 
mander, owner, agent, or consignee of any ship outward-bound; or if 
any such river pilot or hobler shall refuse or neglect to give every 
assistance in his power to any ship in distress, or in want of any extra 
assistance, or shall have misbehaved himself in the conduct of or assist¬ 
ance to any ship, or shall (without some reasonable excuse) refuse to 
obey any summons of the commissioners, or to obey such orders as shall 
be made at their meetings, every such pilot shall forfeit any sum not 
exceeding five pounds, and not less than ten shillings; and every such 
hobler not exceeding forty shillings , and not less than five shillings. 
Commissioners may suspend or break such pilot; acting afterwards, 
penalty five pounds. § 12. 

Commissioners to settle the rates. — No greater rates shall be 
demanded or taken by any river pilots, hoblers, or porters, than 
what shall be from time to time ascertained, fixed, and settled by the 
commissioners ; notwithstanding which all persons shall be at liberty to 
employ their servants, workmen, horses, and carriages in the carriage 
of their goods and merchandize to and from any ship or vessel in the 
said harbour, at their own proper risk and costs. § 13. 

Commissioners may alter and vary such rates. § 14. 

Rewards for assisting ships in distress, and pilotage for extra dis¬ 
tance. —As an encouragement to the pilots and hoblers to ply out at 
sea, in case any ship shall be met with in distress by any of the said 
pilots and hoblers, and shall be assisted by them, or their boat, then 
such compensation shall be made as shall be determined by the com¬ 
missioners ; and if any agreement for such extraordinary assistance 
shall have been made, such agreement shall be null and void ; or in 
case any ship shall, at the particular request of the master, &c. be 
piloted or assisted into the said port or harbour and river, from any fur¬ 
ther distance than what may have been provided for, such pilot, &c. 
shall be paid for such extra pilotage and assistance such sum as the 
commissioners shall order and direct. § 15. 

Masters refusing pilots, pilotage still to be paid. —In case the master 
of any ship, outward or inward-bound, shall refuse to take on board 
and employ one of the said river pilots who shall offer his service, (except 
such ships as are mentioned in sect. 2, and vessels under thirty tons 
with manure,) such master shall pay the pilot who first or who only 
shall offer his service, and shall be so refused, the full pilotage which 
such master would have been subject to pay if the said pilot had been 
received and employed, together with the expenses to be incurred in 
the recovery of the same. § 16. 

Pilots leading the way to be entitled to half pilotage. —In case any 
ship shall be in want of a pilot, and none of the said pilots can be pro¬ 
cured, and there shall be a pilot on board any other vessel passing into 
or out of the said port or harbour and river, such pilot may lead the 
way for, and conduct the ship so in want of a pilot either into or out of 
the said port or harbour and river, or so far in her course until another 
river pilot can be obtained ; and the master of every such ship shall be 
liable to the payment of one half or such a proportion, according to 
the distance such ship shall have been piloted, of the said rates ol 
pilotage, as he would have been liable to if the pilot had actually been 


PORT OF NEATH. 211 

on board such ship, as shall be fixed and settled by the commissioners. 
§ 17 . 

Ships forced back to pay not exceeding one half of the rates. —In 
case any ship which shall have been piloted out of the said port or 
harbour of Neath shall be forced back by storm or otherwise, after 
having 1 , by the consent of the master of such ship, parted with such 
pilot and hobler, and shall be conducted by such master into any part 
of the said port or harbour, and such master shall afterwards employ 
any of the said river pilots and hoblers to conduct such ship out, then 
such a proportion, not exceeding one half of the full sum, shall be paid 
for such pilotage and assistance, as is hereby directed to be taken for 
pilotage and assistance outward, as shall be settled by the commis¬ 
sioners. § 18. 

Outward-bound ships to be piloted to a distance to be settled by com¬ 
missioners. —Every river pilot who shall take upon himself the charge of 
any ship about to sail out of the said port, &c. is required to take charge 
of such ship at her moorings in the dock, or by the quay, wharf, or 
other place within the said port, &c. and to conduct such ship so far 
out to sea as shall be directed by the commissioners in their orders; 
and if any river pilot or hobler, after he is engaged to serve, shall pre¬ 
sume to quit any ship without the consent of the master, until she shall 
have cleared the said bar of Neath, such pilot, &c. shall forfeit the pilot¬ 
age and hobling which, on their duly performing their duty, they would 
have been entitled unto; and shall forfeit any sum not exceeding ten 
pounds, and not less than five pounds. § 19. 

Places to which inward-bound ships are to be piloted. —Every pilot 
and hobler who shall pilot any ship into the said port shall take the 
same as high as Neath-bridge, or to such other place of delivery below 
the said bridge as the master shall require ; but if the tide will not allow 
thereof, then to moor her in a proper situation, without being paid any 
other rate than such as shall be fixed for piloting and assisting such 
ship, &c. into the said port or harbour and river ; and in case the at¬ 
tendance of any such pilot or hobler shall be required to take care of 
such ship from such first mooring, and to conduct her to her place of 
delivery, the pilot and hobler that shall have brought the said ship to 
such mooring, or some other of the said pilots and hoblers, (to be by the 
said pilot or the said master procured,) shall attend and shall be paid 
for unmooring, transporting, and removing such ship at her delivering 
berth, according to the discretion of the commissioners, by a rate to be 
fixed by them for that purpose. § 20. 

Persons liable to pilotage. —Every person taking or appearing to 
take upon himself the charge, agency, or consignment of any ship 
chargeable with the respective rates for pilotage and hobling, and extra 
attendances, shall be accountable to such pilot, &c. for such rates as 
shall be due for such pilotage and hobling, outward or inward, accord¬ 
ing to the rates fixed by the commissioners, and the same maybe levied 
by distress and sale, in manner hereinafter mentioned, upon any of the 
goods, merchandize, or effects of the person so taking or appearing to 
taice upon himself the charge of such ship, after the expiration of three 
days from the day on which such pilotage, &c. shall have been de¬ 
manded. §21. 

On iion-payment of rate, commissioners may distrain. —If the rates 
of pilotage, hobling, and porterage are not paid in three days from the 
time demanded, the commissioners may distrain any of the goods, &c. 
guns, tackle, ammunition, furniture, or other things belonging to the 

p 2 


212 


PILOTAGE. 


vessel, and detain the same for the said rates and the charges of such 
seizure, and if not paid in seven days from such seizure they may be 
sold, rendering the surplus to the owner, &c. on demand. § 22. 

Masters taking away pilots to sea. —The master of any ship on 
board of which any pilot or hobler shall be forcibly or through stress 
of weather unavoidably carried to sea, beyond the limits prescribed 
by the commissioners, shall pay such pilot the same wages as shall be 
payable to the mate of such ship, and to every hobler the same wages 
as shall be payable to the foremast men of such ship, over and above 
the rate of pilotage and hobling which they shall be entitled to as pilot of 
such ship ; if the pilot be forcibly carried to sea beyond the limits, 
otherwise than through stress of weather, the master to forfeit any sum 
not exceeding ten pounds. § 23. 

Commissioners may lessen duties. § 30. 

Commissioners to have the management of buoys, &c. § 31. 

Povjer to direct the mooring , fyc.-*- The commissioners are empowered 
from time to time to order any person having the command of any ship 
entering into or lying within the said port or harbour and river or 
Neath, to lie and moor at such place as they shall assign or direct; on 
neglect or refusal the commissioners may cause such ship to slack down 
and to be unmoored, removed, and moored in such berth as they may 
think proper, and the expense of such removal shall be paid by such 
commander, to be recovered by distress of the said ship, &c. and the 
master shall also forfeit any sum not exceedi ng^re pounds. § 32. 

But not to hinder the mooring of ships near the place of loading or 
unloading. —Nothing to extend to authorize the commissioners to pre¬ 
vent or hinder any ship from proceeding to, and lying and mooring at 
or as near as reasonably may be to any wharf or bank where such ship 
intends to discharge her ballast, or to load or unload her cargo, or any 
part thereof. § 33. 

Rights of the Trinity-house preserved. —Notning in this act shall be 
construed to extend to the taking away, abridging, or defeating, im¬ 
peaching, or interrupting any of the jurisdictions, powers, authorities, 
or immunities, granted, given, and allowed by any act of parliament, 
grant, or charter, to the master, wardens, and assistants of the guild, 
fraternity, or brotherhood of the most glorious and undivided Trinity, 
and of Saint Clement, in the parish of Deptford Strond, in the county 
of Kent, § 35. 

Commissioners empowered to make by-laws. —The commissioners may 
make such orders, rules, and by-laws, for the better government and 
regulation of the pilots, hoblers, and porters; the management, 
owning, manning, working, plying, navigating, building, and keeping 
in a proper state of repair and condition the pilot boats to be employed 
by such pilots, and touching the rates to be paid to them, &c. as shall 
appear necessary; and also to repeal and alter such rules, &c. as to the 
said commissioners shall seem meet, and to impose reasonable pecuniary 
fines, &c. not exceeding forty shillings for any one offence, for the non- 
observance or breach of any of such rules, &c.; and they are to cause 
the said rules, &c. with the rates of pilotage, hobling, and porterage, &c. 
to be from time to time printed, distributed, and rendered as conspicuous 
as may be; but not to be repugnant to the laws of the realm. § 36 and 37. 

By-laws , &c. not to be altered unless fourteen days’ notice be given 
for that purpose. § 41. 

Two justices of the peace to hear and determine offences. § 42. 

For compelling the attendance of witnesses—Persons not attending 
to forfeit £10. § 43. 


PORT OF NEATH 


213 


Persons aggrieved may appeal to the quarter sessions. § 44. 

Proceedings to be within six months. §45. 

The Commissioners, at a general meeting held by them at the Ship 
and Castle Inn, in the town of Neath, on Wednesday, the 12th day of 
May, 1813, did repeal the rates payable to pilots and holders, and also 
certain of the orders, rules, and by-laws; and in lieu thereof did make, 
ordain, and establish the following new rates, orders, rules, and by-laws, 
for the better government and regulation of such pilots, hobler, and 
pilot boats. 

TABLE OF THE RATES OF PILOTAGE. 



Fourth. 

Over the Bar in to 
Neath Bridge ; or 
out from ditto. 

'^t ( l°H tptjg 

"53 . (O to <Cl to (O !C (C lO 

•’cooooocococccococo 

"I 

-a ninoiNtoofiKMOo 

ai 'tr *n OO Cl O « to-H 

■—• .—i ■—• <—‘ G<» 

•papuo7 

Ol^OlOtCOOODOO 

ai © co © —ico^inno 

HHMHHlNW 

Third. 

Over the Bar in to the 
Upper Abbey Pill, or 
to either of the Cop- 
per.works (at the op¬ 
tion of the master); 
or out from ditto 
over the Bar. 

uaiqoH tpv;* 

-a •©©©©©©©©© 

-coeccococococccoco 

•;sT?ipj a uj 

~a ©t^OOCtMCM'^'©©'^ 

ai « rf >fi t '00 Cl © M « X 

•papeo"! 

•a © co©©©co©©©?o 

ai ifltON«©^(Mn©tO 

Second. 

Over the Bar in to 
Trowman’s Hole, or 
Fox’s Coal Bank (at 
the option of the 
master) ; or out from 
ditto over the Bar. 

u 3 iq°H 

*a •©©©©©©©©© 

oi • Ol (M Cl Cl <M N Cl C? Cl 

qstqp? a uj 

■a <n^h©©©c-i©co©© 

ti OO^iO©^©©©^© 

•papuo7 

<M©i-hCO©CICOCO©© 

ai rJ<©©KOO©©— 1©—1 

— H I—I Ol 

First. 

Over the Bar in, either 
to the Layer or 
Giant’s Grave (at the 
option of the master) ; 
or out from ditto 
over the Bar. 

M3iqo H q^a 

.000000000 

^ t r-. r— « 1—• 

qstpug uj 

>a ©©c»oot>»©©©co© 

a i <MCOTt©©^GOC 5 ~H© 

•popuoa 

a ©oooot^©©©Tj'©ao 

a® trOT}<©©I^QO©©©© 

Per Register Ton. 

20 Tons or under 

20 to 30. 

30 to 50. 

\50 to 75. 

75 to 100 . 

100 to 125. 

125 to 150 . 

150 to 175. 

175 to 200 ..... 

, 200 and upwards. 


N.B.—Vessels not exceeding 50 tons (but see § 2 of the art') are not compelled to take 
a pilot, unless laden with copper ore. 

Ships forced back to pay not exceeding one-half the rates. § 18. 












































2t4 


PILOTAGE.—NEATH. 


From the MUMBLES (when required) additional - 



Pilot. 

Hobler. 


Pilot. 

Hobler. 


s. d. 

s. d. 


s. d. 

s. d. 

20 Tons or under. 

.... 

0 6 

100 to 125. 

4 6 

0 6 

20 to 30. 

4 0 

0 6 

125 to 150. 

5 0 

0 6 

30 to 50. 

4 0 

0 6. 

150 to 175. 

5 0 

0 6 

50 to 75. 

4 6 

0 6 

175 to 200 . 

5 0 

0 6 

75 to 100 . 

4 6 

0 6 

200 and upwards. 

5 0 

0 6 


A Pilot, boarding on the bar, (between Outer Buoy and Lower Black 
Rock), to receive Is. less than the above rates. 

-inside the bar (between Lower Black Rock and Layer), 2s. 

less than the above rate. 

-between the Layer and the place where bound, half pilotage. 

N.B. No master of a vessel (inward-bound) shall be obliged 
to take on board a pilot or hobler within the second or 
Middle Buoy. 

— ■ removing a vessel from one station to another station, to receive 
one quarter pilotage, and 6d. for allowance. 

N.B. No pilot or hobler to quit a vessel (outward-bound), 
until such vessel shall have passed the Outer Buoy, with¬ 
out the consent of the master. 

-leading the way (if required by the master of the vessel follow¬ 
ing) entitled to half pilotage, as far as he shall lead. § 17. 


Rate. 

s. d. 

Hoblers to each, for removing vessel from Neath Bridge) ^ g 

to Melincrythan Pill, or back,.j 

-from said Bridge or Pill to the Abbey Pills) 

or Wharfs, or back, at the option of the >16 

master.J 

-to each, for removing vessel from said Bridge) 

or Pill, to Trowman’s Hole, Jetty Heads, >2 0 

or Giant’s Grave, or back.J 

-from said Bridge or Pill to the Layer, or back 2 6 

-to each, for removing vessel from the top of] 

Abbey Pills or Wharfs, to Fox’s Coal> 1 3 

Wharf, or back..J 

*-from said Abbey Pills or Wharfs, to Trow-) 

man’s Hole, Jetly Heads, or Giant’s Grave, > 1 6 

or back.J 

-from said Abbey Pills or Wharfs, to the) 

Layer, or back.j * ® 

-from Fox’s Coal Wharf to Giant’s Grave, or) 

the Layer, or back.j 1 ® 

-to each, for removing vessel from Trowman’sj 

Hole to Giant’s Grave, or back.j ^ 

-from ditto to the Layer, or back. 1 3 

-from Giant’s Grave, Briton Ferry Dock or) 

Pool, to the Layer, or back.j* 3 


Allow¬ 
ance. 
s. d. 

0 3 


0 3 


0 6 


0 6 


0 3 


0 6 


0 6 


0 6 













































PILOTAGE —MILFORD DISTRICT. 


215 


MILFORD DISTRICT. 

(Jurisdiction of the Trinity-house of Deptford Strond, see page 154.) 

From Caldy Island, along the Coast to St. David’s Head, and from 
thence to Cardigan Island, and vice versa ; arid to and from, and 
into and out of all ports and places within those limits. 

N. B.—No master of a vessel is compelled to take a pilot within this district unless 
going into or coming out of port, within a line drawn from Lenny Point to 
Skokam Island ; but if he do take a pilot between Caldy Island and Cardigan 
Island, it must bo one of the district pilots, if one offer. 

Table of the Rates of Pilotage , for piloting ships into the Harbour of 
Milford, and up and down the said Harbour. 




Rates per Foot. 

FROM 

TO 

Under 

14 feet. 

14 feet & 
upwards. 

A line drawn from St.] 
Anne’s Point to Sheep’s > 
Island...] 

Any part of the harbour below] 
aline drawn from NewtonNose > 
Point to St. Martin’s Haven. J 

£ s. d. 

0 2 6 

£ s. d. 

0 3 6 

A line drawn from St. A 
Anne’s Point to Sheep’s ( 
Island, or from Rubber-[ 
stone Road.J 

Any place above a line drawn] 
from Newton Nose Point to > 
Martin’s Haven, in addition. . J 

0 2 0 

0 2 6 


Additional Rales for Ships boarded without the Entrance of the 

Harbour. 

Per foot. 

£ s. d. 

From a line drawn from Lenny Point to Skokam Island,1 q 2 0 

in addition .j 

If to the southward of St. Gowen’s Head, ditto. . . 0 1 0 

Or from Caldy Island eastward, or from the westward of] 

the Grassholm, or three leagues without Lenny Point, l 3 3 0 

in addition to the harbour pilotage. J 


Six leagues ditto. 4 4 0 

Ten leagues ditto. 6 6 0 


One-fourth part is to be added to the harbour rates for ships not 
having British registers. See Exemptions, page 183. 

RATES for Services and Assistance performed in the Harbour. 
For a boat carrying an anchor of above 6 cwt. with a corresponding 
hawser— £ s. d. 

If in Hubberstone Road. 

Each man in the boat, each tide .... 

If below Hubberstone Road, a line drawn 
from the E. point of Gilliswick, to the 
E. point of Angle Bay, and above the 

Stack Rock. 

Each man in the boat, each tide .... 

If in Dale Road, and the anchor is brought 

from Milford. 

Or if carried off from Dale. 

Each man in the boat, each tide .... 


z u \ 
0 5 0 


2 12 6 


0 5 

4 4 

2 12 

0 fi 


0 

0 

6 

0 


Not exceeding; 
) at the discre¬ 
tion of the sub¬ 
commissioners. 






















216 


PILOTAGE.—ABERDOVEY. 


For a boat carrying off an anchor of 3 cwt. and not exceeding 6 cwt. 
with a corresponding hawser, the boat and men to have three- 
fourths of the sums above specified. 


For a boat with an anchor of 2 cwt. and not exceeding 3 cwt. with 
a corresponding hawser, the boat and men to have one-half of the 
said sums above specified. 

For unmooring a ship drawing 14 feet water, and upwards, and 
bringing her alongside the quay, or into Hubberstone Pil 1 — 

From the situation, first or second, before-mentioned : 


For the pilot.. 

If with a boat, an additional sum of. 
Each person employed. 


£ s. d. 

1 1 0 

0 10 6 [Not exceeding; 

0 5 0< Oie discre- 

J tion of the sub- 
t commissioners. 


From the third station specified : 

For the pilot .. 1 11 6 

If with a boat, an additional sum of. 0 10 6 [Not exceeding; 

Each person employed. 0 5 0 at discre- 

1 1 J j tion of the sub- 

t commissioners. 

For taking a ship of 14 feet draught of water and up-] 

wards from the Quays, (or Hubberstone Pill,) to> As above, 

moorings in any of the situations beforementioned. .. . J 
Ships under 14 feet draught of water, to or from the 1 Three-fourths of 


situations beforementioned. . . ..j the above. 

The boats and men as above specified. 

New mooring a ship drawing 14 feet water, in either of 
the situations before described, — £ s. d. 

For the pilot. 0 10 6 

If with a boat, an additional sum of. 0 10 6 

Each person employed, not exceeding. 0 5 0 


ABERDOVEY. 

A Table of the Rates of Pilotage for piloting and conducting Ships 
and Vessels from two miles beyond the outside of the Bar, of the 
entrance of the river Dovey up the river to Aberdovey, or vice'versa. 
Ordered by the Corporation of Deptford Strond. 

s. d. 

Coasting vessels of SO tons and under 40 tons. 2 6 


40 

55 

50 „ .... 

. 3 

50 

55 

60 . . 

. 4 

60 

55 

70 „ .... 

. 6 

70 

55 

90 „ .... 

. 9 

90 

55 

110 „ ... . 

. 13 

110 

55 

130 „ .... 

. 17 


And for every additional ten tons an additional .. 2 6 

Vessels departing for or arriving from foreign parts to pay double 
the amount of pilotage. 

Ships not having British registers are to pay one-fourth more than 
ships having British registers. See Exemptions, page 183. 

15 October y 1830. Signed, J HERBERT. 




















PILOTAGE.—HOLYHEAD DISTRICT. 


217 


HOLYHEAD DISTRICT. 

(Jurisdiction of the Trinity-house of Deptford Strond, see page 154.) 

To and from the Anchorages at Great Ormes Head, along the 
Coast of the Isle of Anglesea and Wales, as far as Bardsey 
Island, and to and from , and into and out of all ports and places 
within those limits, {except the Bar and Harbour of Caernarvon , 
and the Swellies ,) for which see next page. 

N. B.—No master of a vessel is compelled to take a pilot within this district, till he 
comes to the North Stack, bound to Holyhead Harbour ; but if he do take a pilot 
between Great Ormes Head and Bardsey Island, it must be one of the district 
pilots, if one offer. 

Rates of Pilotage for piloting Ships into and out of the Harbour of 

Holyhead. 


Vessels per register to pay, for 


300 and less 
than 400 
tons. 

200 and less 
than 300 
tons. 

120 and less 
than 200 
tons. 

80 and less 
than 120 
tons. 

60 and less 
than 80 
tons. 

Under 

60 

tons. 

£ s. d. 

3 3 0 

£ s. d. 

2 2 0 

£ s. d. 

1 11 6 

£ s. d. 

1 1 0 

£ s. d. 

0 15 0 

£ s. d. 

0 10 6 

i 


Ships not having British registers are to pay one-fourth more than 
stated in the above table. See Exemptions, page 183. 

All ships and vessels, under any circumstances of distress, are to pay 
such pilot a further sum of money, to be calculated according to the 
extent and circumstances of such distress, and the service afforded. 

Ships and vessels which shall be boarded by pilots, at the distance of 
three leagues or further, to the southward and westward of Holyhead, 
(where it is optional to masters of vessels to take pilots,) are to pay the 
several rates following, viz. 


On having a Liverpool pilot on board, off Point Linas, and) ^ 

landing the Holyhead pilot there.j 

On landing the pilot at the Great Ormes Head. 4 


If a pilot is taken beyond the limits of his licence to Chester) 

Water or to Liverpool...j 

With the sum of 75. 6d. per day for every day such pilot may be 
detained on board in consequence of the ship or vessel performing 
quarantine, or detained under any other restrictions such ships may be 
liable to. 

Pilots boarding ships and vessels at a less distance than three 
leagues from the Head, as above, are to receive 10s. 6d. less for 
pilotage than the above rates. 

N. B.—It is particularly requested that commanders of ships, on dis¬ 
charging their pilots off Port Linas or the Ormes Head, should be 
certain that such pilots will be taken on shore without being delayed on 
board such vessels or boats as may receive them; as a pilot will be en¬ 
titled to 7 s. 6d. per day for every day he shall be kept out from landing 
after the day he is discharged from the ship or vessel he may have 
piloted, unless it can be proved that such delay had unavoidably hap¬ 
pened from the violence of the wind and weather. 














From the outwardmost Buoy on the Bar of Caernarvon into and out of Caernarvon Harbour , through the Swelliesto Cadnant, 
and vice versa; and into ctnd out of all ports and places within those limits. 

A Table of the Rates of Pilotage for piloting Ships and Vessels within the Caernarvon District. 


218 


PILOTAGE.—CAERNARVON DISTRICT. 


CAERNARVON DISTRICT. 

(Jurisdiction of the Trinity-house of Deptford Slrond, see page 154.) 




























PILOTAGE. 


219 


BEAUMARIS DISTRICT. 

(Jurisdiction of lhe Trinity-house of Deptford Slrond, see page 151.) 

From Bangor to a Line drawn from Great Ormes Head to Point 
Linas ; and to and from, and into and out of all ports and places 
within those limits. 

N.B.—No master of a vessel is compelled to take a pilot within this district, unless 
coming into or going out of port; but if he do take a pilot, it must be one of the 
district pilots, if one offer. 


Table of the Rates of Pilotage for piloting Ships within the Beaumaris 

District. 


From the outside of) 
the Sound . .. . j 


From the inside of) 
the Sound ....J 


INWARDS. 

£ 

s. 

d. 


[under 100 tons . 

0 

15 

0 

into the Bay 

100 to 200. 

200 to 300.__ 

1 

1 

1 

11 

0 

6 


300 and upwards . . 

2 

2 

0 


[under 100 tons .. 

0 

10 

6 

into the Bayj 

1 100 to 200 . 

200 to 300 . 

0 

1 

15 

1 

0 

0 

1 

L 300 and upwards .. 

1 

11 

6 


outwards. £ s. d. 

Under 100 tons. 0 10 6 

100 to 200. 0 15 0 

200 to 300 . 1 1 0 

300 and upwards. 1 11 6 


Ships not having British registers are to pay one-fourth more than is 
stated in the above table. See Exemptions, page 183. 

£ s. d. 

Should the pilot be landed at Great Ormes Head—extra. .220 
If taken out of the limits of his licence, to Chester or) q o n 

Liverpool... 

In case the pilot should happen to have charge of the ) 550 

vessel to either of the said places. J ' ‘ 


The sum of 7s. 6d. per day is to be allowed to the pilot for every 
day such pilot may be detained on board in consequence of the ship or 
vessel performing quarantine, or detained under any other restrictions 
or circumstances such ship may be liable to. 















220 


PILOTAGE. 


PORT OF CHESTER. 

(Separate Jurisdiction.) 

{See 6 Geo. IV. c. 125. § 89, page 176.) 

16 Geo. III. c. 61. 

An Act for erecting a Lighthouse , fyc., and for regulating of Pilots 
and Persons towing or tracking of Vessels to and from the City of 
Chester; and for fixing the Rates payable for the same respectively. 

The Mayor, Recorder, and Aldermen of the city of Chester, for the time 
being, the Commander of his Majesty’s yacht for the time being, the Pilot 
of his Majesty’s yacht for the time being, the Collector and Surveyor of 
the port of Chester for the time being, and also every other person for 
the time being resident in the city of Chester, or in the county of Chester 
or Flint, who shall, in his own right, or in the right of his wife, be 
seised of a real estate of the annual value of one hundred pounds, or 
possessed of a personal estate to the amount or value of two thousand 
pounds, are constituted and appointed trustees for putting in execution 
all and every the trusts, powers, and authorities given and granted in 
and by this act; and that no person or persons, not being qualified as 
aforesaid, shall be capable of acting as a trustee in the execution of this 
act. § 1. 

Trustees may examine and grant licences to pilots. —In order that 
proper and skilful persons may be appointed pilots for conducting ships 
and vessels into and out of the port of Chester, the trustees, or any 
seven or more of them, at any of their general quarterly meetings, are 
empowered to examine and inquire into the skill and ability of every 
person residing within the port of Chester, who shall offer himself to be 
admitted as a pilot within the port of Chester; and if the person or 
persons so offering him or themselves as a pilot or pilots shall be found 
well qualified and approved, the trustees may appoint such number of 
the persons so examined as they shall think sufficient to be pilots within 
the said port, and shall grant to each of them a licence to act as pilots 
within the same port, &c.; five shillings and no more shall be taken 
by the clerk of the said trustees for the writing, filling up, or completing 
of any one licence ; and no such licence shall continue in force for any 
longer time than three years from the date thereof. § 33. 

Pilots acting without a licence. —If any person, not being licensed, 
shall take upon himself to pilot any ship or vessel into or out of the port 
of Chester, or if any pilot so licensed shall, after the expiration of his 
licence, continue to act as a pilot without the renewal of the same, he 
shall forfeit the sum of ten pounds. § 34. 

Licensed pilots not doing their duty.--' In case any pilot who shall 
receive such licence shall refuse or neglect to take the charge of any 
ship outward-bound, upon proper notice being first given to such pilot, 
—or if any such pilot shall be plying betwixt Dalpoole , and westward 
of Chester-bar, and upon a gun being fired, or an ensign being hoisted 
in a weft, or other usual signal given from any ship, shall refuse or 
neglect forthwith to board and take under his charge such ship, or if 
any such ship cannot be boarded without imminent danger, such pilot 
shall refuse or neglect to lead the way with his boat, every such pilot 
shall forfeit the sum of ten pounds. § 35. 


PILOTAGE. 


221 


Pilots misbehaving or acting after licence been recalled. —In case it 
shall appear to the trustees that any pilot shall have misbehaved 
in the conducting of any ship, or in the execution of any other part 
of his duty as a pilot, or if such pilot shall refuse to obey any summons 
of the said trustees, requiring his appearance, or shall not obey all 
such orders as the said trustees shall make, or in anywise offend or 
misbehave as a pilot, in any such case the said trustees, upon examina¬ 
tion thereof, are hereby authorized to recall the licence granted to such 
pilot, and to declare the same to be from thenceforth revoked and 
utterly void, or to suspend such pilot for such time as the said trustees 
shall think proper; and if any such person so offending or misbehaving 
(after notice in writing of his licence being recalled, or of his being sus¬ 
pended, given to him or them in person, or left at his usual place of 
abode,) shall presume to act as a pilot in conducting any ship or vessel 
into or out of the port of Chester, he shall forfeit ten pounds. § 36. 

Security to be given for pilotage of outward-bound vessels. —If any 
pilot shall be requested by the master, commander, owner, or agent 
of any ship outward-bound, to take the charge of such ship, it shall be 
lawful for such pilot, previous to his taking such charge, to demand a 
sufficient security from such master, &c. for the payment of such pilotage 
outward, according to the rates hereinafter mentioned, or that shall be 
fixed by the said trustees; and if such commander, &c. shall refuse to 
pay such rates, or give such security, then such pilot may refuse to pilot 
such ship, without being subject to any of the penalties inflicted by this 
act. § 37. 

And for preventing exorbitant demands being made by any pilot for 
the piloting any ship into or out of the said port, no greater rates for 
pilotage shall be demanded or taken by any such pilot than hereinafter 
mentioned. §38. For the Table, see page 222. 

Pilot offering to inward-bound vessels and refused , and leading the 
way with his boat. —In case the master of any ship inward-bound shall 
refuse to take on board and employ a pilot so licensed, who shall offer 
his service, such master shall pay to the pilot who first boards him, or 
offers his service, the full pilotage inwards, according to the different 
rates authorized by this act, as if the said pilot had been received and 
employed in piloting such ship ; and notwithstanding such refusal, the 
pilot is hereby required to attend and lead the way with his boat, until 
such ship shall be brought to an anchor at Dalpoole or Variegate within 
the port of Chester, before such pilot shall be entitled to any pilotage 
under this act. § 42. 

Jf no pilot offers. —If no pilot shall offer his service before any ship 
shall have passed by or got to the eastward of Chester-bar, the master 
may refuse to employ or pay any pilot who may afterwards offer to take 
the charge of such ship. § 43. 

Masters in the coasting and Irish trades may pilot their own vessels , 
and any person assist a ship in distress. —This act not to prevent the 
master of any ship in the coasting-trade, or trading to or from Ireland, 
from piloting his own ship into or out of the port of Chester, without 
being subject to the payment of the said rates for pilotage; nor to 
hinder any person from assisting any ship in distress, or to subject such 
person to any of the penalties in this act. § 44. 

Master to give the pilot an account of the draught of water cf his 
ship, fyc. —The master of every ship is required to give a true account 
to the pilot employed in piloting such ship, of the draught of water 
such ship shall draw; and in case the pilot so employed shall suspect 


22*2 PILOTAGE. 

the truth of the declaration of such master, such pilot is hereby autho¬ 
rized to admeasure, or cause such ship to be admeasured, in order to 
find the true draught of water such ship shall then draw. § 45. 

On non-payment of pilotage , trustees may distrain. —In case any 
owner or master, or any other person having or taking upon himself, 
or appearing to have or take, the command or charge of any ship 
chargeable with the respective rates for pilotage hereby authorized to be 
paid, shall refuse to pay the same, it shall be lawful for the trustees ap¬ 
pointed by this act, or for their receiver, to recover such rates by dis¬ 
tress and sale. § 46. 

Chester pilot-boats to carry two masts. § 47. 

Liverpool pilots may take the charge of Chester ships in certain cases , 
Sfc. —If any ship at sea, or to the westward of Chester-bar, bound for the 
port of Chester, shall be met by a Liverpool pilot, and no Chester pilot 
near at hand, or in sight, it shall be lawful (if the master of such ship 
shall think proper, but not otherwise,) for the said Liverpool pilot to 
take the charge of such ship until he shall arrive or come to an anchor 
at Dalpoole, in the port of Chester; and also that the Liverpool pilots 
shall be allowed to take the charge of piloting his Majesty’s ships into 
or out of the port of Chester at all times whatever. § 48. 

Trustees empowered to lessen the rates, fyc. —It shall be lawful for the 
said trustees at any of their general quarterly meetings, to alter or re¬ 
duce the rates of pilotage hereby made payable, and also to advance 
and raise the same again, so as such rates, when raised again and ad¬ 
vanced, do not exceed the rates hereinbefore made payable and directed, 
to be taken by pilots. § 49. 

Trustees empowered tofix rates for piloting small distances. —Trustees, 
at any of their quarterly meetings, to fix the rates of pilotage from one 
place to another, for any distance within the intermediate space between 
the Great Ormshead aforesaid and the said city of Chester; so as such 
rates in the whole do not exceed the rates hereinbefore fixed for piloting 
any ship or vessel from the length of the Great Ormshead aforesaid to 
the city of Chester aforesaid, inwards or outwards, according to the sea¬ 
son of the year. § 50. 

Trustees empowered to make by-laws for the regulation of pilots, &c. 
and fix penalties not exceeding five pounds for any offence ; so as such 
by-laws be not repugnant to the laws of the realm ; and be hung up in 
the Custom-house, Chester; and Custom-house or Dock-office, Liverpool. 
§56. 

Mayor of Chester or justices of the peace to hear and determine 
offences against this act. § 60. 

Trustees may mitigate penalties to one-half. § 61. 

One-half the penalty to be paid to him who sues, the other to the 
trustees. § 62. 

Persons aggrieved may appeal to the quarter-sessions. § 65. 

Limitation of actions and general issue. § 66. 



223 


PORT OF CHESTER. 


TABLE OF THE RATES OF PILOTAGE. 


Winter Sea¬ 
son flora l 
October to 
81 March. 

s. d. 
y 9 0 


Summer Sea- 
sen from 1 
April to 30 
September. 

S. d. 

7 0 


5 0 


British ships, from the length of the Great Ormshead 
on the coast of Wales, bearing south and by west, to 
the city of Chester, for every foot of water such ship 

shall draw, per foot. 

-Out from the city of Chester to the length of the 

Great Ormshead, for every foot of water such ship 6 0 

shall draw, per foot. 

-Vessels in the coasting or Irish trade to pay only 

half the rates, (§ 39,) but not to pay for less than 
eight feet draught of water. 

Alien ships, from the length of the Great Ormshead 
on the coast of Wales, bearing south and by west, 
to the city of Chester, for every foot of water such 

ship shall draw. 

-out of the said port. 10 0 

And so in proportion for half a foot of water in any of the cases 
aforesaid ; but no allowance to be made for odd inches above or under 
half a foot. 


18 0 10 0 


7 0 


Rates for small Distances, see § 50. 

British 
Vessels, 
per foot. 

Aliens, 
per foot. 

Coastwise 
per foot. 


s. d. 

s. d. 

s. d. 

From Sea or Hoylake to Dawpool, in winter... 

4 0 

5 0 

3 0 

---— in summer. 

3 0 

4 0 

2 0 

D aw p<' ft l to Flint. .., , . , .. . 

2 0 

2 6 

1 0 





- Flint to Connah’s Quay. 

1 0 

1 6 

0 6 

- Connah’s Quay to Chester. 

1 0 

2 0 

0 6 


Summer to commence 31st March. 
Winter ,, 1st October. 


Although the following does not belong to Pilotage, it is nevertheless so immediately 
in connexion with it, that it is thought it will be useful to insert it here :— 

Trustees may grant licences to persons for tracking or towing vessels to and from 
the city of Chester. Towers acting without licence to forfeit ten pounds. 16 Geo. III. 
c.61. §50. 

Kates for Towing ou Tracking. § 51. 

From 1 October From 1 April to 
to 31 March. 80 September. 

Any ship or vessel from the city of Chester to the New 1 Quay) £ s. d. £ s. d. 

in the River Dee, or from the New Quay to the said city >15 0 110 

of Chester, the sum of...J 

The trustees are empowered to lessen the rates of towers or trackers, and may raise 
them again. § 52. 

Trustees may suspend or vacate licences granted to towers or trackers. § 53. 

The clerk may appoint extraordinary towers, in cases of emergency. § 54. 
Ballast. — Penalty on discharging within high-water mark. —If any person whom¬ 
soever shall discharge or cast out of any ship or vessel, being within the port of Ches¬ 
ter, any gravel, ballast, or rubbish, (except only on the land where tide never flows*) 
every such person so offending shall forfeit and pay the sum of ten pounds. § 57, 
























224 


PILOTS AND PILOTAGE. 


LIVERPOOL. 

(Separate Jurisdiction.') 

(See 6 Geo. IV. c. 125. § 89. page 176.) 

An Act for the better Regulation and Encouragement of Pilots for the 
conducting of Ships and Vessels into , or out of, the Port of Liver¬ 
pool. 5 Geo. IV. c. 73. (local ) 

Whereas an act was passed in the 37th year of Geo. III. c. 78. for 
the better Regulation and Encouragement of Pilots for the conducting 
of Ships and Vessels into and out of the Port of Liverpool; and whereas 
it is expedient that the same should be repealed, and that other pro¬ 
visions should be made for carrying* into execution the good purposes 
thereby intended ;—the recited act is therefore repealed. § 1. 

But not to revive any act thereby repealed. § 2. 

Commissioners appointed to put the act in execution. —The Mayor, 
Aldermen, Bailiffs, and Common Councilmen of the borough and cor¬ 
poration of Liverpool for the time being, and sundry persons therein 
mentioned by name, are appointed to put this act in execution ; any 
thirty-one of whom (whereof the mayor shall be one) are to appoint a 
committee of thirteen, any five or more of whom may use and exercise 
the several powers and authorities vested in them by this act for the 
term of three years, or until other persons shall be chosen in their place. 
Committee to acknowledge their acceptance of the trust by an instru¬ 
ment in writing. § 3, 4. 

The succeeding clauses relate to the regulation and appointment of 
the various officers, treasurer, accounts, &c. § 5 to 15. 

Committee to examine and grant licences to pilots. —It shall be law¬ 
ful for the committee, or any five or more of them, to examine into the 
skill and ability of any person, of the age of eighteen years or upwards, 
(who shall have served as an apprentice in any of the Liverpool pilot- 
boats for not less than three years under the provisions of the former 
act, or of this act, or of both, or under the provisions of any by-law, 
and who shall tender himself, with the consent of his master,) to be 
admitted as a pilot within the port of Liverpool, and also to examine 
and inquire into the skill and ability of any other person not having so 
served, who shall tender himself to be admitted as a pilot, and whom 
the said committee shall think proper, in the exercise of their discretion, 
to admit to such examination, as well by the examination of witnesses, 
as by such other ways and means as to them shall seem proper ; and if 
upon such examination the person so offering himself be approved of, 
he shall receive a licence or warrant containing his name, age, stature, 
complexion, and place of abode, and certifying that he is duly qualified 
to act as a pilot, to conduct vessels into and out of the said port of 
Liverpool; which licence or warrant shall be subscribed with the hand¬ 
writing of five or more of the said committee, and from thenceforth such 
person shall be deemed duly qualified to exercise the occupation of a 
pilot for the port of Liverpool. § 16. 

Pilots to pay for first licence £to. 6.9., and afterwards £3. 3s., and 
the licence to be in force for one year. —Every licence shall be in force 
until the end of the year for which the same was granted; and for the 


225 


LIVERPOOL. 

first licence, whether the same be granted upon the first admission of 
such person as a pilot or not, there shall be paid to the clerk of the said 
committee the sum of £6. 6s., and for the second and every subsequent 
licence the sum of <£3. 3s.; all which licences, and the persons to whom 
they shall be granted, shall be subject to the several provisions in this 
act contained, and to such orders, rules, and by-laws as shall be made 
in pursuance thereof; and no licence shall continue in force longer 
than one year from the date thereof. § 17. 

Persons acting without a licence to forfeit £20.—If any person shall 
take upon himself to pilot any ship or vessel into or out of the port of 
Liverpool, who shall not have been admitted as a pilot by the committee, 
and shall not have received a licence for that purpose, or shall, after the 
expiration of such licence or warrant, continue to act as a pilot without 
a renewal of the same, every such person shall forfeit £20. § 18. 

Pilots misbehaving to have their licences recalled; and if they act 
afterwards , to be liable to the same penalties as if they were not pilots .— 
In case any pilot shall refuse to take the charge or conduct of any of 
his Majesty’s ships, or any ship in the merchants’ service, upon a proper 
signal being made, or guns fired by any ship inward-bound, or at the 
request of the master, owner, agent, or consignee, of any ship outward- 
bound ; or in case it shall appear to the committee that such pilot shall 
have misbehaved himself in the conduct of any ship, or in the execution 
of any part of his duty as a pilot; or if any such pilot shall refuse to 
obey any summons of such committee requiring his appearance, or to 
obey the orders of such committee, or shall in anywise offend against 
this act; then such committee, upon proof thereof, are authorized to 
recall the licence granted to such pilot, or to suspend the same for such 
time as the said committee shall think proper; but such suspension 
shall not affect the right of such pilot to be interested in pilot boats, 
under the provisions of this act; and if any such per§on so offending 
shall, after such declaration and notice thereof given to him in person, 
or left at his usual place of abode, act as a pilot in the conducting of 
ships into or out of the port of Liverpool, he shall be subject to all the 
penalties inflicted by this act on persons acting as pilots without a 
licence. § 19. 

Prices of piloting British ships. —No greater rates shall be taken by 
such pilot than what are hereinafter mentioned ; that is to say, for 
piloting any ship belonging to his Majesty’s subjects into the said port 
of Liverpool, not less than 6s. nor more than 9s. for every foot of water 
such ship shall draw, and so in proportion for every half foot of water 
such ship shall draw; and for piloting any such ship out of the said 
port, not less than 3s. and not more than 5s. for every foot of water 
such ship shall draw, and so in proportion for every half foot of water 
such ship shall draw; but no allowance shall be made for any draught 
of water above or under half a foot:—Provided, that in case any such 
ship bound to the said port of Liverpool shall not be piloted by one of 
the pilots so licensed, from the distance of the Great Ormshead on the 
coast of Wales, then not less than 5s. nor more than 8s. per foot, for 
every foot of water such ship shall draw, shall be paid for such pilotage, 
and so in proportion for every half foot of water which such ship shall 
draw in each of the cases aforesaid; but no allowance shall be made 
for any draught of water above or under half a foot:—Provided, that 
every master or other person having the command of any ship in the 
coasting trade, including such as trade to or from Ireland, the islands 
of Faro or Ferro, Guernsey, Jersey, Alderney, Sark, and Man, which 



226 


Pi LOTS AND PILOTAGE. 

shall' be piloted into or out of the said port, shall pay one half only of 
the said respective rates for such pilotage:—Provided also, that no such 
ship shall be deemed to be a coasting vessel for the purposes of this act, 
which shall not sail from the port of Liverpool on a coasting voyage, or 
which shall not have been, previous to any exemption from the rates 
imposed by this act on ships in the foreign trade being claimed, really 
and bond fide employed in the coasting trade for six months :—Provided 
also, that no master of any ship, including such as trade to or from 
Ireland, the islands of Faro or Ferro, Guernsey, Jersey, Alderney, 
Sark, and Man, whether coastwise or otherwise, or of any ship of any 
other description, which shall be piloted into or out of the said port of 
Liverpool by any of the pilots so licensed, shall pay any less sum for 
such pilotage than for eight feet draught of water, according to the rates 
hereby directed to be paid for such ships; but if such ships shall draw 
more than eight feet draught of water, the overplus shall be paid for, 
and according to the rates aforesaid. § 20. 

Prices for piloting alien ships. —The following and no greater rates, 
for the piloting of any alien ship into or out of the said port, shall be 
taken; that is to say, for piloting any such ship into the said port, 
not less than 9s. nor more than 12s. for every foot of water such ship 
shall draw, and so in proportion for every half foot of water in the 
cases aforesaid, but no allowance shall be made for any draught of 
water above or under half a foot; and for piloting any such alien ship 
out of the said port of Liverpool, not less than 6s. nor more than 8s. 
for every foot of water such alien ship shall draw, and so in proportion 
for every half foot of water, but no allowance shall be made for any 
draught of water above or under half a foot:—Provided always, that in 
case any ship belonging to aliens bound to the port of Liverpool shall 
not be piloted by one of the pilots so licensed as aforesaid, from the 
distance of the Great Ormshead on the coast of Wales, then not less 
than 8s. nor more than 11s., for every foot of water such ship shall 
draw, shall be paid for such pilotage, and so in proportion for every 
half foot of water in each of the cases aforesaid, but no allowance 
shall be made for any draught of water above or under half a foot. 

§ 21. See the Tables as now settled by the committee, page 231. 

Commissioners empowered to regulate the prices of pilotage. —The 
said commissioners, or any eight or more of them, shall have power at 
their discretion, to vary and alter, fix and determine all such rates of 
pilotage as aforesaid, and also what shall be considered the different 
seasons of the year, if they shall hereafter determine to make a differ¬ 
ence of rate, according to the season of the year, provided the altera¬ 
tions of such rates are not higher or lower than those hereinbefore 
mentioned. § 22. 

Only one half the pilotage to be paid from certain distances. —If any 
ship inward-bound shall not have met with a pilot licensed as aforesaid 
before the house, at present being the only house on Great Hilbree 
Island, shall bear south-south-west by the compass, or shall be piloted 
from the road of Hoylake only, no more'than one half of the rates or 
prices for piloting such ship inward-bound, from any point short of the 
distance of the Great Ormshead on the coast of Wales, hereby directed 
to be taken, shall be paid to such pilot who shall pilot such ship from 
such respective distances into the said port of Liverpool:—Provided, 
that if none of the pilots so licensed shall board or offer their services 
before such ship shall have passed the Brazil buoy in the Rock chan¬ 
nel, or the Middle Patch buoy in Formby channel, then the pilotage for 


LIVERPOOL. 2.27 

conducting such ship shall be fixed at the discretion of the committee at 
their next meeting. § 23. 

Vessels liable to pay pilotage coining into the port , to display a signal 
for a pilot. —The master of every ship inward-bound, which under the 
provisions of this act shall be liable to pay pilotage, shall, on coming 
within the pilots’ stations, as fixed by the by-laws, display and keep 
flying the usual signal for a pilot to come on board, and every master 
who shall omit so to do shall forfeit any sum not exceeding £5 ; and if 
any pilot shall come within a reasonable distance of any such ship, the 
master shall render all necessary assistance (so far as it is consistent 
with the safety of the said ship) to enable such pilot to come on board. 
§24. 

Masters of vessels inward-bound , refusing to take pilots who offer , to 
be liable, to full pilotage. —In case the master of any ship inward-bound 
shall refuse to take on board a pilot so licensed, who shall offer his 
services, except such as shall be in ballast in the coasting trade , or be 
under the burthen o^lOO tons, such master shall pay to the pilot who 
shall offer his services, and be refused, the full pilotage, according 
to the different rates and prices hereinbefore directed to be paid, as if 
the said pilot had been received and employed in piloting such ship into 
the said port of Liverpool. § 25. 

Pilots leading the way in any vessel, to be entitled to pilotage. —In 
case any ship shall be in want of a pilot, and none can be procured, 
and there shall be any pilot on board any other ship going into or 
coming out of the port of Liverpool, such pilot on board any such 
other ship may lead the way for and conduct the ship so in want of a 
pilot, either into or out of the said port; and the master of every such 
ship which shall be so piloted into or out of the said port, by any pilot 
leading the way in such other ship, shall be subject, to the same rates 
of pilotage, as if the pilot had actually been on board of such ship, 
and piloted the same into or out of the said port. § 26. 

Reward for pilots assisting ships in distress. —In case any ship shall 
be met with in distress by any pilot licensed, and shall stand in need of 
any extraordinary assistance of the crew or boat, then the compensation 
shall be made according to the circumstances of the case by the com¬ 
mittee; and if any agreement for such extraordinary assistance shall be 
made by the pilot, such agreement shall be void. § 27. 

Pilots refusing to conduct ships , or assist a ship in distress , to forfeit 
£10, and lose their licences. —If any pilot, after being personally re¬ 
quired, or after a proper signal shall be made by the master of any in¬ 
ward-bound ship, shall refuse to take the charge of such ship, or in case 
such ship cannot be boarded without imminent danger, shall refuse to 
lead the way with his boat, or shall refuse such extraordinary assistance 
as aforesaid to any ship in distress, such pilot shall, for every such 
offence, forfeit any sum not exceeding <£10, and shall be deprived of 
his licence at the discretion of the committee. § 28. 

Vessels forced back and afterwards taken out —Whereas it sometime 
happens that ships outward-bound are forced back by storm or other¬ 
wise, before the pilot has left such ship, or he has conducted her as far 
as is required by this act; and it is expedient that such pilots shall have 
reasonable compensation made to them over and above all other rates 
of pilotage ; the committee to have full power to fix such compensation, 
but not to exceed a moiety of the rates at which such outward-bound 
ships would have been liable to pay, in case such vessel had not been 
forced back. § 29. 



228 


PILOTS AND PILOTAGE. 


Ships forced back after parting with the pilots and piloted out again 
from Hoy lake, to pay one half the prices. —In case any ship which 
hath been piloted by any of the pilots out of the port of Liverpool, 
shall afterwards be forced back by storm or otherwise, (after having-, by 
the consent of the master of such ship parted with such pilot, although 
such ship may not have been piloted so far as is required by this act,) 
then the full sum shall be paid for such pilotag*e as is hereby directed 
to be taken, according- to the rates to be fixed by the commissioners; 
and if the master of such ship so forced back shall employ a pilot 
to conduct such ship inwards, such pilot shall be paid at the same rate 
as if such ship had been inward-bound ; but if such ship so forced back 
shall be conducted by such master himself into the road of Hoylake, 
and such master shall afterwards employ any of the pilots to conduct 
such ship out of the said road of Hoylake to sea, then one half of the 
full sum shall be paid for such pilotage as is hereby directed to be taken 
for pilotage outward. § 30. 

Distances to which vessels are to be piloted. —Every pilot who shall 
take upon himself the charge of any ship sailing out of the port of 
Liverpool through Formby channel, is required to conduct or pilot such 
ship so far to the westward as the north-west buoy; and if such ship 
shall be piloted out of the said port through the Rock channel, such 
pilot is hereby required to pilot such ship so far to the westward as the 
north-west buoy of Hoyle, if the captain shall require it, before such 
pilot shall quit any such ship; and upon refusal in either case, such 
pilot shall not be entitled to any of the rates hereby directed to be paid, 
and shall be deprived of his licence, at the discretion of the committee. 
§31. 

Places to which vessels are to be piloted inwards. —Every pilot who 
shall pilot or conduct any ship into the port of Liverpool, is required 
to take care (if need be) to cause such ship to be properly moored 
at anchor in the river Mersey, and afterwards to conduct such ship into 
one of the wet docks within the said port, without being paid any other 
rate than is directed to be taken for the piloting such ship into the said 
port of Liverpool; but in case such attendance shall be required during 
such ship being at anchor in the river Mersey, and before she is docked, 
five shillings per day shall be paid:—Provided that this act shall not 
extend to prevent the master of any ship in the coasting trade, being 
in ballast, or any ship in the coasting trade, being under the burthen of 
100 tons, by the certificate of registry, from piloting- his said ship into 
or out of the said port of Liverpool, nor to hinder any person from 
assisting any ship in distress, nor to subject any such person to any of 
the penalties of this act. § 32. 

Every master to give the pilot a true account of the draught of water 
of his ship, and pilot authorized to admeasure. —The master of every 
ship is required to give a true account to the pilot of the draught of 
water such ship shall draw; and in case the pilot shall suspect the 
truth of such declaration, he is authorized to admeasure such ship in 
order to find the true draught of water such ship shall then draw ; and 
if on such admeasurement it shall appear that such master gave a 
false account wilfully and fraudulently, such master shall not only for¬ 
feit a sum equal to double the amount of pilotage according to the rate 
aforesaid, but also all the expences of the admeasurement, and be sub¬ 
ject to a fine, at the discretion of the committee, in any sum not 
exceeding ^10, nor less than £ 2, together with all expences incurred 
in the recovery thereof. § 33. 


LIVERPOOL. 


229 


Pilot attending a vessel at anchor in the river to have 5s. for every 
day of attendance , except the day of going to sea and returning 
from sea. —If the owner or master of any ship shall require the 
attendance of a pilot on board any ship during her riding at anchor, or 
being at Hoylake, or in the river Mersey, such pilot shall attend such 
ship, and be paid for every day he shall so attend 5s. and no more : 
Provided, that in case such pilot shall not be employed the whole day, 
but be dismissed in less time than a day, such pilot shall be paid 5s. for 
his attendance : Provided also, that the pilot who shall have the charge 
of any ship, shall be paid for every day of his attendance whilst in the 
river, except the day of going to sea with such ships as shall be out¬ 
ward-bound, and the day of returning from sea and the day of docking 
for such as shall be inward-bound. § 34. 

Masters outward-bound refusing to take pilots to be liable to full 
pilotage. —In case the master of any ship outward-bound, (except such 
as shall be in ballast in the coasting trade, or be under the burthen of 
100 tons, for which provision is hereinbefore made,) shall proceed to 
sea, and shall refuse to take on board and employ a pilot, such master, 
&c. shall pay to the pilot who shall offer his service, and shall be refused, 
the full pilotage, according to the different rates hereinbefore directed to 
be paid, in like manner as if the said pilot had been received and em¬ 
ployed in piloting such ship into or out of the said port of Liverpool, 
together with all expences to be incurred in the recovery of the same. 
§ 35. 

Persons liable to pilotage. —Every person taking upon himself the 
charge, agency, or consignment of any ship, so charged or chargeable 
with the said respective rates for pilotage and extra attendances outward- 
bound, shall be accountable for such rates of pilotage as shall be so 
due for such pilotage outwards, according to the rates aforesaid; and 
the same shall be levied by distress and sale, in manner hereinafter 
mentioned, of any of the effects of the said person so taking upon him¬ 
self the charge, agency, or consignment of such ship, after the expiration 
of three days from the day on which such pilotage shall have been de¬ 
manded. § 36. 

On non-payment of rate, committee may distrain. —In case any 
owner or master, agent or consignee, or any other person having or 
taking upon himself the command, agency, or consignment of any ship, 
charged or chargeable with the said respective rates for pilotage and 
extra attendances, shall refuse to pay the same, then it shall be lawful 
for the committee or any other persons to be by them, or any five or 
more of them, for that purpose appointed, and preferable to and not¬ 
withstanding any other right whatsoever claimable by or due to any 
persons whomsoever, to seize, take, and distrain any of the goods, mer ¬ 
chandise, effects, guns, tackle, ammunition, furniture, and apparel, of 
or belonging to any such ship, and the same to detain and keep until 
the money due for piloting such ship into or out of the said port of 
Liverpool, according to the said rates, shall be paid ; and in case of any 
neglect, refusal, or delay in payment of such money for three days next 
after such seizing or distraining, then it shall be lawful for any one 
justice of the peace for the borough of Liverpool, or such persons as he 
shall authorize, to cause the same to be appraised by any two sufficient 
persons or sworn appraisers of the said borough of Liverpool, and after¬ 
wards to sell the goods so taken and appraised, and thereout to satisfy 
the said rates for pilotage unpaid, together with all reasonable charges 
of such taking and selling the same ; and also the charges pf any extra 


PILOTS AND PILOTAGE. 


230 

attendances to the pilots entitled thereto, rendering 1 the overplus thereof 
(if any) to the masters or owners, agents or consignees of any such 
ships respectively upon demand. § 37. 

Penalty on masters forcibly taking away jnlots. —And whereas it 
has sometimes happened that pilots have been forcibly carried to sea 
beyond the limits of pilotage herein prescribed, to the great detriment 
and inconvenience of the public, by the want of such pilots so carried 
away, as well as to the great loss of such pilots themselves ; be it there¬ 
fore enacted, that any master of a ship forcibly carrying away any pilot 
shall forfeit any sum not exceeding <£20, nor less than £5, at the discre¬ 
tion of any one justice of the peace, and the owner, agent, or consignee 
as aforesaid shall be liable to make such reasonable compensation to 
such pilot, according to the discretion of the committee; which penalty 
or compensation shall be recovered in such manner as is prescribed for 
the recovery of the rates of pilotage. § 38. 

Money to be raised from licences to be applied for rewards to meri¬ 
torious pilots, and pensions to pilots, and annuities to disabled pilots, 
and widows and children of pilots. § 42 and 44. 

Pilots not to keep public-houses. § 48. 

Pilots’ boats to be licensed, and fresh licences issued on the death of 
the owner or transfer of such boat. § 49 and 50. 

Rates for licences. —For the first licence £6. 6s., and for any subse¬ 
quent one £3. 3s. to be paid. § 51. 

Pilots not to use unlicensed boats, under penalty of three guineas for 
every day such boat is used, except with leave, whilst their own boat is 
under repair. § 53. 

The committee empowered to make by-laws, and to affix penalties 
not exceeding £5. § 59. 

By-laws to be printed and stuck up at the Pilot’s-office and Dock- 
office, and renewed as may be required. § 60. 

Attendance of witnesses. —If any person shall refuse or neglect to 
attend before the committee, upon being summoned, he shall forfeit £5. 
§61. 

Nothing to affect the corporation of the Trinity-house of Deptford 
Strond or Cinque Port pilots, nor to extend to the Triuity-houses of 
Kingston-upon-Hull, or Newcastle-upon-Tyne. 

Recovery of penalties to be made before any justice of the peace for 
the borough of Liverpool, who may mitigate the same to not less than 
one-half § 64 and 65. 

Form of conviction. § 67. 

Distress not unlawful for want of form. § 68. 

Persons aggrieved may appeal to the sessions. § 70. 

Limitation of actions—six months. § 71. 

N.B.—Liverpool pilots may take charge of Chester ships in certain 
cases. See page 222. 


LIVERPOOL. 


231 


Table of Rates for Piloting Vessels into and out of 
Liverpool. 


At a meeting* of the Commissioners, held within the Town-hall, on 
Tuesday, the 21st of November, 1826, under the authority of an act 
passed in the 5 Geo. IV. c. 73. (local), entitled, “ An Act for the 
better Regulation and Encouragement of Pilots for the conducting 
of Ships and Vessels into and out of the Port of Liverpool,” the 
following rates pf pilotage were fixed upon. 


British Alien 

For Vessels trading to Foreign Parts. Ships. Ships. 


Inward. 


Per foot Per foot 
s. d. s. d. 


From the length of the west end of the Great Ormshead,! 

bearing S. by W., or before Penman Bachan be shut >9 0 12 0 

in with the Great Ormshead, at the rate of. J 


From the eastward of the Great Ormshead, as above . . 8 0 11 0 


From the only house now on Great Ililbra Island, 
bearing S.S.W. by the compass, or shall be piloted 
from the Road of Hoylake only, or from the Buoy of 

the Fair Way in Formby Channel. 

See the Act, § 23. 


>4 


0 


5 6 


Outward. 

Whether through the Rock or Formby Channel. 4 0 7 0 

N.B.—If any vessel has passed the Brazil Buoy in the 
Rock Channel, or the Middle Patch Buoy in Formby 
Channel, or if a pilot-boat falls in with a vessel in the 
Narrows of the Channels in stormy weather, that she 
cannot board her without imminent danger, the pilot 
shall then lead the way, and in either case be entitled to 
such pilotage as shall be awarded by the committee at 
their next meeting. 

See the Act, § 23 and 26. 


Coasting Vessels, and those trading to and from Ireland , 
the Islands of Faro or Ferro, Jersey, Guernsey, Alder¬ 
ney, Sark, and Man, to pay only one-half of the above 
rates; but see § 20. 

No vessel to pay for less than eight feet of water, nor 
any vessel to pay for odd inches under half a foot. See 
the Act, § 20. 

No coasting vessel, inward or outward bound, of the 
burthen of 100 hundred tons or upwards, (unless she be 
in ballast,) is to refuse a pilot, as the master or owner, 
&c. must pay the full pilotage, if one is offered. See the 
Act, § 25. 

No vessel to be deemed a coaster, unless she has been 
six months in that trade. See the Act, § 20. 






232 


PILOTS AND PILOTAGE 


The pilotage from sea into Hoylake is one-half inward ; 
and from Hoylake out to sea, one-half outward; and 
although the pilot or the boat be not employed a whole 
day, to be paid for a day. 

In what cases ships forced back and piloted out again 
are to pay only half pilotage. See the Act, § 30. 

Extra Pay. Per day. 

s. d. 

For every day of attendance whilst in the river, except) 
the day of going to sea with such ships or vessels as | 
shall be outward-bound, and the day of returning from >50 
sea and the day of docking for such as shall be inward-1 
bound. ) 

And if the attendance of a pilot-boat be requested. 42 0 


*** The pilots’ committee recommend to the mer¬ 
chants, &c., that when a pilot conducts a ship or vessel 
into port to their satisfaction, the same pilot be employed 
to take the said vessel out again ; but if he should be 
absent on duty, that one belonging to the same boat be 
employed. 





PILOTAGE.—SCOTLAND. 


233 


GREENOCK. 

(Separate Jurisdiction.) 

(See 1 Geo. IV. c. 37. § 36. page 237.) 

41 Geo. III. c. 51. 

An Act to amend two acts, made in the thirteenth and twenty-ninth 
years of the reign of his present Majesty, for making more commo¬ 
dious the Harbours of the Town of Greenock , Sfc. ; for regulating the 
Fares of Pilots, Watermen, and Jobbers, Sfc. employed in the said 
Harbours, and on the River Clyde, and for feuing out the Glebe of 
the said Town. 

Trustees to license pilots, make by-la ws, and fix the fares and wages 
of pilots. —The Lord Provost and Dean of Guild of the city of Glasgow, 
the two Baillies of Greenock, and the two Baillies of the towns of Port 
Glasgow and Newark, all for the time being, shall have full power and 
authority to license pilots, jobbers, riggers, sailors, and watermen em¬ 
ployed in transporting ships and vessels on the Frith and river Clyde 
between the Cumbray Light and the Broomelaw of Glasgow; and to 
make rules and by-laws for framing and regulating the fares and wages, 
and conduct and behaviour of the said pilots, jobbers, riggers, sailors, 
and watermen, consistent always with the laws of this realm, and the 
other provisions of this act; and to cause such rules and by-laws to be 
printed and hung up in conspicuous places of the custom-houses and 
council chambers of Glasgow, Port Glasgow, and Greenock respectively, 
and to enforce observation of the said regulations under such punish¬ 
ments and pecuniary penalties as may be necessary for that purpose, 
besides withdrawing the licences of the said persons respectively, pro¬ 
vided that none of the said pecuniary penalties shall exceed the sum of 
Jive pounds sterling for each offence. § 34. 

Fixing the place of meeting of town council of Greenock .—The said 
lord provost, dean of guild, and baillies, shall meet annually in the town 
house of Greenock, on the first Tuesday in November, in order to frame 
rules, regulations, and by-laws for the purposes aforesaid, any three of 
them to be a quorum : Provided always, that nothing in this act shall 
extend or be construed to extend, to diminish or infringe in any respect 
the powers, jurisdiction, and privileges of the baillie of the river Clyde, 
nominated and appointed by the magistrates and town council of the 
said city of Glasgow. § 35. 

Obstructing officers .—If any person obstructs, molests, or hinders 
any person employed under this act, he shall forfeit a sum not exceed¬ 
ing five pounds, nor less than one pound. § 48. 

Former acts not repealed .—All the clauses, matters, and things in 
the 13 Geo. III. c. 28. and 29 Geo. III. c. 43. relative to the appoint¬ 
ment of trustees, &c.; the levying and recovering of rates and duties, 
and recovery of penalties; the mitigation thereof; and the making by¬ 
laws shall subsist and be effectual during the continuance of this act. 
§ 58 . 

Persons aggrieved may appeal to the justices of the peace for the 
county of Renfrew in quarter sessions. § 59. 


234 


PILOTAGE.—GREENOCK. 


57 Geo. III. c. 32 (local.) 

An Act for the further Improvement of the Town and Harbours of 
Greenock , for establishing and supporting a Harbour Police, Sfc. 

Pilots not to ply without being licensed. —It shall not be lawful for 
any pilot to act as such, in the transportation of ships or vessels, betwixt 
the Cumbray Light and Broomielaw of Glasgow, without being first 
licensed for that purpose by the lord provost and dean of guild of 
Glasgow, and bailies pf Greenock and Port-Glasgow, (three or more 
of them being a quorum,) pursuant to the act of the 41st year of the 
reign of his present Majesty; and any person or persons acting as a 
pilot within the said limits shall, for every transgression, forfeit a penalty 
not exceeding Jive pounds ;—and it shall not be lawful for any riggers, 
watermen, or jobbers, other than the ship’s crew, to ply in or about any 
ships or vessels resorting to the harbours of Greenock and Port-Glasgow 
respectively, or in any boat plying from these harbours, without being 
licensed pursuant to the said recited act, under the penalty of twenty 
shillings , and it shall be lawful to the said lord provost and dean of 
guild of Glasgow, and bailies of Greenock and Port-Glasgow, or their 
quorum, and they are hereby authorized, to deprive any such pilot, 
licensed as aforesaid, of his licence, upon the conviction of such pilot of 
any misbehaviour or misconduct. § 20. 

Table of Rates of Pilotage for Greenock. 

From Greenock to Glasgow, of Glasgow to Greenock, on the tail of 


the bank :— s. d. 

Vessels not exceeding 6 feet draught of water, per foot. 18 0 

Additional. 

-not exceeding 80 tons . 3 0 

-exceeding 80 tons and not exceeding 100.3 6 

- „ 100 „ 110.4 0 

-— „ 110. 5 0 

Odd inches to be paid in proportion. 


The harbour rates on tonnage for Greenock, though foreign to this chapter, are 
nevertheless given, as they may be deemed useful. 

HARBOUR RATE& ON TONNAGE. 



Foreign 

Trade. 

i 

CoastingTrade. 

British 

Ships. 

Foreign 

Ships. 

British 

Ships. 

Foreign 

Ships. 


s. d. 

s. d. 

s. d. 

s. d. 

29 Geo.Ill. 

0 If 

0 31 

0 1 

0 2 

41 „ additional.... 

0 41 

0 81 

0 3 

0 6 

57 „ additional.... 

0 2 

0 4 



Present rates on tonnage... 

0 8 

1 4 

0 4 

0 8 






















PILOTAGE.—SCOTLAND 


235 


PORT OF LEITH. 

1 Geo. IV. c. 37. 

An Act for the Regulation of the Corporation of the Masters and 
Assistants of the Trinity-house of Leith. 

Whereas the Corporation of the Master and Assistants of the Trinity- 
house of Leith, in the county of Edinburgh, formerly known by the 
name of “ The Corporation of Shipmasters of the Trinity-house of 
Leith,” and now known by the name and style of “ The Master and 
Assistants of the Trinity-house of Leith,” and now consisting of the 
master, assistant master, deputy master, twelve managers, treasurer and 
clerk, and other members, has for time immemorial existed as a body 
corporate and politic, and has enjoyed sundry rights, liberties, privileges, 
and immunities, and in particular has enjoyed and now enjoys the right 
of levying and exacting a certain rate or duty, called primage or prime- 
gilt : And whereas the said corporation obtained a royal warrant, under 
the sign manual of his late Majesty King George the Third, dated the 
29th June, 1797, ordaining a charter to be made and passed under the 
seal, appointed by the treaty of union to be kept and used in Scotland, 
in place of the great seal thereof; in virtue of which, a charter was 
made and passed, and sealed with the said seal at Edinburgh, the 27th 
July following, constituting and confirming the said corporation a body 
corporate and politic, by the said name and style of “ The Master and 
Assistants of the Trinity-house of Leith,” in the county of Edinburgh 
aforesaid, with all the powers, and subject to all the laws, constitutions, 
regulations, and orders therein specified; and new granting and con¬ 
firming to the said corporation and their successors, for ever, all the 
grants, liberties, privileges, immunities, and powers enjoyed by them, 
and the others therein specified and expressed; and particularly grant¬ 
ing the right of licensing pilots for navigating all ships and vessels in 
the Frith of Forth, and seas and friths, and along the coasts and islands 
of the Northern and German Oceans, upon payment of fees, and under 
the reservations therein set forth, &c. 


Although the following is not connected with the subject of this chapter, it is in¬ 
serted here as forming part of the above act. 

Primegilt. —The corporation and their successors are authorized and entitled to 
ask, demand, levy, receive, and recover 

s. d. 

Upon all goods whatsoever imported to Leith, or all or any of the creeks and) 
places within the limits thereof, (whether coastways from any other port in I q j 
G reat Britain or Ireland,) or from foreign parts, and whether in British, j 
Irish, or foreign vessels, the rate or duty of primage or primegilt, viz. per ton J 

and in case of refusal or neglect to pay such rates on demand, the corporation may 
seize the goods for or in respect whereof any such rates ought to have been paid, or any 
part thereof, and detain the same, until payment thereof, together with reasonable 
charges for such seizure and detention ; and if such goods shall not be redeemed within 
fourteen days next thereafter, all such rates, arrears thereof, and reasonable charges 
shall be raised and recovered by the said corporation, by poinding, distraining, and sale 
of such goods, rendering to the owner, or consignee, or other person having right to, 
or charge or custody of such goods, the overplus, after deducting the reasonable 
charges of such distress and sale ; or it shall be lawful for the said corporation, at their 
option, to sue the owner or consignee, or other person or persons to whom such goods 
may belong, or be consigned, and who would in virtue of the provisions hereinafter 
inserted, be liable in payment of the rates of pilotage, for all such rates or duties of 
primage or primegilt, in any competent court in Scotland. * § 3. 



236 


PILOTAGE—SCOTLAND, 


Confirmation of the powers of the corporation to license pilots- 
Nothing in this act shall repeal or do away any of the powers and 
authorities hitherto lawfully enjoyed and exercised by the Corporation, 
by virtue of immemorial usage, of the royal warrant and charter afore¬ 
said, or in any other way, relative to the licensing, and regulation 
and government of pilots, or other matters of pilotage; or any of the 
fees, dues, penalties, or payments, either annual or otherwise, presently 
exigible from pilots licensed by the said corporation, or to be hereafter 
so payable or exigible; or any of the rights, liberties, and privileges 
enjoyed by the pilots licensed by the said corporation, except in so far 
as such powers and authorities, fees, dues, penalties or payments, and 
rights, liberties, and privileges, are repealed, altered, impaired, or done 
away by this act. § 30. 

Power to recall all licences. Pilots acting afterwards. Penalty .— 
The corporation are hereby empowered at any time to recall and annul 
all licences already granted or to be granted by them, to any pilot or 
pilots, within three calendar months after public intimation to be made 
of such recall, three several times, at the intervals of a fortnight, in each 
of the three Edinburgh newspapers, called the Edinburgh Courant, 
Edinburgh Advertizer, and Caledonian Mercury, or any three of the 
principal Edinburgh newspapers for the time being; and all such 
licences recalled shall be void and null, and for ever at an end ; and any 
pilot who shall not return his licence to the said corporation within the 
said space, or who upon any pretext whatever shall afterwards presume 
or take upon him to act, or to ask or receive payment as licensed pilot, 
shall not only have no claim or title to any fee or remuneration for so 
acting, or for such employment, but in case of receiving it, shall be 
liable and be bound and obliged to pay over the same to the said cor¬ 
poration, for the proper use and behoof thereof, and shall further be 
liable in a penalty of ten pounds sterling , to be levied and applied in 
manner after provided: Provided always, that notwithstanding such 
recall of their licences, it shall still be lawful to the said corporation to 
recover, as accords, all sums, fees, and other payments due to them 
by all or any of the said pilots. § 31. 

Who may act as pilots. —The corporation of the master and assist¬ 
ants of the Trinity-house of Leith, in all time coming, are hereby re¬ 
quired to examine all such persons as a majority of them shall think fit 
and proper, (and who for the space of seven years or more shall have 
been actually engaged, and actively employed as seafaring men, and 
during that space shall have sailed for three years or longer time in a 
square-rigged vessel,) with regard to their skill, knowledge, and ex¬ 
perience, in the navigating and piloting his Majesty’s ships and vessels 
of war, and all other ships and vessels of whatever description, sailing 
and navigating up and down, inwards and outwards, of the Frith of 
Forth, in and through the seas and friths, and along the coasts and 
islands of the Northern and German Oceans, and in and through, and 
along or upon, the seas, friths, sounds, bays, inlets, and along the 
coasts of Scotland, and of the Orkney, Shetland, and Lewis Islands ; 
and such examination being so made, and the majority being satisfied 
of the skill, knowledge, and experience of such persons, the said cor¬ 
poration are hereby empowered, under their common seal, to license all 
or any of such persons qualified to act in the capacity of pilot for all 
such ships or vessels, either generally over the whole, or within such 
particular part or parts, or subdivisions of the bounds or limits before 
mentioned, as shall be expressed in the licence, according as such per- 




PORT OF LEITH. 237 

son, upon his examination aforesaid, shall be found pioperly qualified. 
§ 32. 

Exclusive right and privilege of pilots licensed by the corporation .— 
The pilots licensed by the corporation shall, with and under the excep¬ 
tions and reservations hereinafter expressed, have the sole and exclusive 
right of navigating and piloting all merchant ships up and down, along 
and within the Frith of Forth from a line running directly from Saint 
Abb’s Head on the south side or shore to Fifeness on the north side or 
shore of the said Frith, vp to Carroti Roads; and the said corporation 
shall have the sole and exclusive power and authority to license pilots, 
and shall possess sole and exclusive jurisdiction in all matters of pilot¬ 
age, within the limits now specified; and no unlicensed person shall, 
after the appearance and offer of service of any pilot licensed by the cor¬ 
poration, have right or be entitled to navigate or pilot vessels within 
the limits now expressed, upon any ground or pretext whatever: 
Provided that such licensed pilot shall appear and make offer of his 
services within an hour after the vessel shall have hoisted and kept con¬ 
stantly flying the usual signal for a pilot , the time to be ascertained 
b} the oath of the master of the vessel ; and excepting always cases of 
danger to any vessel by reason of stress of weather, where, before such 
licensed pilot has appeared and offered his services it may be necessary 
to employ any unlicensed person or persons. § 33. 

Licensed pilots entitled to supersede unlicensed persons. —Any pilot 
licensed shall be entitled, (provided he appears and makes offer of his 
services within the time aforesaid,) to supersede, in the charge of any ship 
within the limits of his licence, any person not licensed as a pilot, or 
any pilot not licensed within the limits in which such ship may be for 
the time ; and every master of any ship, within the limits above specified 
of the jurisdiction of the said corporation in matters of pilotage, who, 
after such licensed pilot shall have offered to take charge of the ship, 
shall allow any unlicensed person, or any licensed pilot acting out of 
the limits of his licence, either to continue in or to assume the charge 
of any merchant ship or other vessel as pilot, and every person who 
shall thereafter either continue in the charge or conduct of any ship as 
pilot, without being duly licensed to act within the limits in which such 
ship or vessel shall actually be for the time, shall respectively forfeit to 
the said corporation double the amount of the sum which would have 
been exigible for the pilotage of such ship, over and above a penalty or 
sum not exceeding five pounds sterling, to be levied and applied in 
manner hereinafter provided. § 34. 

No King’s ship or vessel to be obliged to employ a pilot. § 35. 

Saving for the right of the magistrates and council of Edinb urgh to 
license pilots, and for Separate Jurisdictions. —Nothing in this act shall 
limit, restrict, abridge, or interfere with the right of the lord provost, 
magistrates, and council of the city of Edinburgh, and their successors in 
office, of appointing pilots for the navigation of the port, harbour, and 
roads of Leith, and their pertinents, in the same manner as they have 
hitherto enjoyed and do now enjoy the same ; nor shall extend to the 
taking away, abridging, or defeating any grants, liberties, or privileges 
heretofore granted by any act of parliament to the pilots licensed by 
any other body corporate or politic, or other persons within Scotland, 
empowered by act of parliament to license pilots, or the powers and 
authority of any other such body corporate or politic, or other persons 
having separate jurisdiction in matters of pilotage within any ports or 
districts within Scotland, under any act of parliament. § 36. 



238 


PI LOT AG E.—SCOTL AN D. 


Pilots to be under the control of the corporation .—All persons licensed 
to act as pilots by the corporation, shall be subject to and under the 
control, regulation, and government of the said corporation, or of the 
masters of the said corporation, in such manner as shall be directed by 
any by-law to be hereafter passed by them. § 37. 

Corporation to make by-laws for the government of the pilots , 
and to fix the fees, Sfc. payable by them .—The corporation hereby 
authorized from time to time to make such by-laws, rules, orders, 
and regulations as they shall think fit, and to determine and direct 
what fees, not exceeding one guinea, shall be paid by pilots to the 
corporation, for the examination of such pilots, and for the granting, 
renewing, or extending their licences ; and what annual rates, dues, or 
other sums, not exceeding two guineas, shall be paid by such pilots to 
the said corporation for continuing and confirming their licences, which 
fees and rates such pilots shall be obliged to pay to the said corpora¬ 
tion or their treasurer for the time being; and to impose such reason¬ 
able penalties and forfeitures, not exceeding five pounds, upon such 
pilots for the breach of such by-laws, &c. when made, or for failure in 
payment of such fees, rates, or other sums, as to them shall seem ex¬ 
pedient ; and from time to time to repeal, annul, alter, and amend all 
or any of the existing by-laws, and to make such other new by-laws, &c. 
as they shall think proper, provided they be not repugnant to the 
true intent and meaning of this act, or to the laws of this realm. § 38. 

By-laws to be sanctioned by the lord president .—No by-laws shall 
have force or effect before they shall have been examined, sanctioned, 
and approved of by the lord president of the court of session in Scot¬ 
land, or the lord justice clerk of Scotland, or the judge of the high 
court of admiralty in Scotland, or his Majesty’s advocate for Scotland 
for the time being, or either of them, whose approbation shall be signi¬ 
fied under hand and seal; but, when so made and confirmed, such by¬ 
laws, &c. shall be observed and put in execution, and shall have the 
same force, effect, and operation, to all intents and purposes, as if the 
same had been enacted by this act. § 39. 

Before being sanctioned , to be hung in ad the custom-houses, fyc .—In 
order that all such proposed by-laws and others relative to matters of 
pilotage may be previously submitted to the examination of all parties 
interested therein, printed copies of such by-laws, &c. shall be trans¬ 
mitted by the corporation to the commissioners of customs in Edin¬ 
burgh, three calendar months before the same shall be submitted to 
the said lord president, &c.; and the said commissioners are hereby 
required, upon receipt of such printed copies, to cause the same to be 
hung up in the several custom-houses of Scotland, to be open to the 
inspection of all persons interested therein, at all seasonable times; and 
public notice shall be given by the said corporation, in the Edinburgh 
Gazette, of such proposed by-laws being hung up for inspection^ 
aforesaid. § 40. 

When sanctioned, to be hung up in the custom-houses , Sfc .—Printed 
copies of all such by-laws, &c. as shall be so made and confirmed, shall 
be hung up in some conspicuous place in the several custom-houses 
of the ports of Scotland, and also at the said Trinity-house of Leith. 
§41. 

Pilots to find security .—Every pilot shall, before any licence be 
granted to him, execute a bond, by himself and two sufficient cautioners 
or sureties, to the satisfaction of said corporation, binding themselves 
for his the said pilot’s uniform and due observance of, and obedience to 




PORT OF LEITH. 


239 


all the said by-laws, &c. in force, in all matters of pilotage, and for his 
regular payment of all annual rates, dues, penalties, or other sums, 
under a penalty not exceeding Jive pounds sterling over and above pay¬ 
ment and performance. § 42. 

Pilots not to act until their licences are registered at the custom-house. 
—No person already licensed as a pilot shall take charge of any vessel, 
or in any manner act as a pilot, or receive any compensation for acting 
as a pilot, until his licence shall have been noted or registered by the 
officers of the custom-house of the place at or nearest to which he shall 
reside, (which officers are hereby required to register the same without 
fee or reward,) nor without having his licence, at the time of his so 
acting, in his personal custody, and actually producing the same to the 
master of any ship, or other person desirous of employing him as a pilot, 
under a penalty to the said corporation of a sum not exceeding three 
pounds for the first offence, and not exceeding Jive pounds for the 
second offence, and under the penalty of forfeiture of his licence for any 
subsequent offence. § 43. 

Lists to be Jixed up at the Trinity-house and custom-houses .—When¬ 
ever the corporation shall have licensed any pilot, they shall cause his 
appointment to be published, by fixing up a notice in writing at the 
Trinity-house of Leith, and at the respective custom-houses of the 
ports within the limits of such pilot’s licence, which notice shall specify 
the extent of the licence of such pilot; and farther, that the said corpo¬ 
ration shall, in the month of January yearly, cause to be printed and 
sent to each of the custom-houses in Scotland, to be there hung up in 
some conspicuous place, an accurate list of all the pilots licensed by 
them, specifying the limits of each pilot’s licence. § 44. 

The heirs of a deceased pilot to transmit his licence to the corpora¬ 
tion, under penalty of five pounds. § 45. 

Penalties on pilots declining to take charge of a vessel, fyc. or exacting 
higher fees than allowed , Sfc. —If any pilot shall, on any groundless or 
frivolous pretext, or without good, lawful, and sufficient cause to be im¬ 
mediately assigned and shown by him, decline or refuse to take charge 
of any ship when required and when disengaged, or, on being required 
by the said corporation, or by any captain or commanding officer of his 
Majesty’s ships or vessels, or by the master of any merchant or other 
ship or vessel, shall decline to go on board of any ship, or when re¬ 
quired by any commissioned officer of his Majesty’s navy, or by any 
principal officer of his Majesty’s customs, or by any person or persons 
interested as principal or agent, for or on behalf of any ship wanting a 
pilot, or after he shall have seen the signal for a pilot hoisted as afore¬ 
said, shall decline to go off to and take charge of any ship, when it 
shall be safe so to do, or shall in anywise delay going on board any such 
ship, and taking charge thereof, or shall quit the same, or decline the 
piloting thereof, after he has been engaged, without leave of the captain 
or commanding officer of any of his Majesty’s ships, or of the owner or 
master of any merchant or other ship or vessel, and before the service 
shall have been performed for which he was hired ; or shall exact, or 
demand, or bargain for any other or greater payment, charge, or re¬ 
ward for pilotage, than is allowed by the rates legally established by the 
corporation, and in observance and force for the time being, or shall, 
by drunkenness, render himself incapable of conducting any ship, 
or shall from negligence, gross ignorance, or intention, run any vessel 
on shore, or lose or do any injury to the same, or to the tackle or fur¬ 
niture thereof, or shall lend his licence to any unlicensed person, to 


240 


PILOTAGE—SCOTLAND. 


enable or assist him to act, or claim to act as a licensed pilot, or to aid 
or assist any person engaged in any smuggling transaction, such pilot 
shall forfeit to the corporation any sum not exceeding ten pounds 
sterling, and shall farther be liable to be dismissed or suspended from 
acting as a pilot, at the discretion of the said corporation, § 46. 

Conducting vessels into danger , or unnecessarily cutting cables , fyc .— 
If any pilot shall wilfully and knowingly conduct, lead, decoy, or 
betray any ship into danger, or shall unnecessarily or improperly cut, 
or cause to be cut, any cable belonging to any ship, or by wilful mis¬ 
representation of any circumstances upon which the safety of any ship 
shall appear materially to depend for the time being, shall obtain or 
endeavour to obtain the charge or conduct of any such ship, then and 
in every such case such pilot shall forfeit to the said corporation a 
penalty or sum not exceeding five pounds sterling, to be levied and ap¬ 
plied in manner hereinafter provided ; and shall farther be either dis¬ 
missed or suspended from acting as a pilot for a limited period, at 
the discretion of the said corporation. § 47. 

Unnecessarily making use of any boat , anchor , fyc. to enhance the 
charge of pilotage. — If any pilot shall employ or make use of, or cause 
or require to be employed or made use of, any boat, anchor, cable, 
hawser, or any other matter or thing, in or for the service, or pretended 
service, of any ship, beyond what shall actually and bond fide be 
necessary and proper for the use thereof, with intent thereby to in¬ 
crease the charge of pilotage, whether for his own gain and emolument, 
or for that of any other person whomsoever, he shall forfeit to the cor¬ 
poration a penalty not exceeding^ue pounds sterling, and shall also be 
liable to be deprived of his licence, or to be suspended from acting 
as a pilot for a limited time, at the discretion of the said corporation. 
§ 48. 


Pilots not to be taken to sea except in case of necessity. —No pilot 
licensed by the corporation shall be taken to sea by the captain or com¬ 
manding officer of any of his Majesty’s ships, or by the master of any 
other ship, excepting in case of absolute and unavoidable necessity; 
and in such case, such pilot shall be paid agreeably to the existing 
regulations of his Majesty’s navy board for the time; or if taken to 
sea by the person in charge of any other ship, shall receive ten shillings 
and sixpence sterling per day until he shall be returned to the port or 
place where he was taken on board, or shall have been discharged from 
the ship for a sufficient time to have enabled him to return there. 
§ 49. 

A pilot suspended acting as a pilot. —Any person suspended for a 
limited period, or dismissed from acting as a pilot, by the said corpora¬ 
tion, who shall, during the time of his suspension, or after his dismissal, 
take upon himself the charge, as a pilot, of any ship, shall pay to the 
corporation all the penalties and forfeitures to which any person not 
licensed as a pilot would be liable and subject for so doing, to be levied 
and applied in manner after provided. § 50. 

Pilots to pay a sum annually for their licences. — Every pilot 
shall on or before the 15th December, and in all time to come, 
pay to the corporation, or tc the persons appointed by them to receive 
the same, the sum of one guinea or such other annual rate (not exceed¬ 
ing two guineas) as shall be made payable by any by-law to be made 
by the corporation ; and in case such annual payment shall not be duly 
made, the said corporation may suspend the person failing in payment 
from acting as a pilot, until due payment of such annual sums, besides 













PORT OF LEITH. 241 

recovering the same in such other lawful manner as they may see pro* 
per. § 51. 

The rates of pilotage. —From and after the passing of this act the 
respective rates, charges, or prices hereinafter enumerated and specified 
in the Table in the Schedule (C) to this act annexed, may and shall be 
lawfully demanded, exacted, and received by every pilot licensed by the 
said corporation, for the piloting or conducting of any ship or vessel 
from place to place as expressed in the said Table, and that no greater 
rates or prices, or other reward or emolument, shall, under any pretence 
whatever, be demanded, exacted, or received by any such pilot, § 52. 

Pilotage when to be paid. —On the arrival of any ship at, and 
as soon as she shall be safely brought to anchor in any port or 
harbour, or safe roadstead, within the bounds or limits aforesaid, or as 
soon as such ship or vessel shall quit or leave the said bounds or limits, 
in the prosecution of her voyage, it shall be lawful for the pilot to de¬ 
mand the pilotage due to him according to the said Table, and to quit 
the ship forthwith, unless he shall be expressly required by the master, 
or other person in charge of such vessel, to remain longer on board; 
in which case he shall be bound to comply, but shall be entitled to seven 
shillings per day for all the time he shall be so detained, over and above 
his fees of pilotage. § 53. 

Charges for pilotage how recoverable.*— In case of failure in instant 
payment of the charges for pilotage as above provided, all sums of 
money which shall become due for pilotage to any pilot licensed by the 
said corporation, shall and may be recovered from the owners or 
masters of all ships or vessels not foreign, or from the consignees or 
agents thereof, or any other person who shall have paid, or made him¬ 
self liable to pay, any other charge for the ship or vessel in the port of 
her delivery ; and shall and may be recovered in Scotland, in such and 
the like manner as any other charge for the ship may be recovered 
according to the laws and daily practice of Scotland, and in England 
or Ireland according to the laws and practice of those kingdoms. § 54. 

How recoverable in the case of foreign vessels. —In the case of foreign 
ships and vessels, the consignees or agents who shall have paid, or 
engaged to pay, any charge whatever in relation to such ship, shall be 
liable in payment of, and obliged to pay all sums due to the pilot or 
pilots who shall have piloted such ships, for the pilotage of the same, on 
oath being made by such pilot before any justice of the peace, that the 
said pilotage has not been paid by the captain or other person having 
charge of such ship : Provided always, that payment thereof shall be 
demanded from such consignee or agent within ten days after the same 
has become due ; and such consignee or agent is hereby authorized to 
retain in his hands, out of any monies which he may have received or 
shall receive on account of such foreign ship, or the owner or owners, 
or master thereof, so much as shall be sufficient to pay such pilotage, 
and any expenses attending the same; and in case such pilotage shall 
not be paid either by the master or consignee, or agent of such foreign 
ship, the same shall be recoverable by the pilot to whom it is due, in 
Scotland, in such and the like manner as any other charge for or 
against such ship may be recovered by the laws and practice of Scot- 
lnd, and in England or Ireland according to the laws and practice of 
those kingdoms. § 55. 

Incapacity or misconduct of pilots , not to void any contracts of in¬ 
surance, fyc. —No owner or master of any ship shall be answerable for 
any loss or damage, and no owner of any ship, nor any owner or 

R 


242 


PI LOTAG E.—SCOTLA N D. 

consignee of goods, shall be prevented from recovering any loss or 
damage upon any contract of insurance of the same, or upon any other 
contract relating to any ship, or any cargo on board the same, for or by 
reason or in respect of any neglect, default, incompetency, incapacity, 
or misconduct of any pilot taken on board of any such ship, under or 
in pursuance of and in conformity to the provisions of this act. § 56. 

Remedy by civil action against the pilots reserved. —Provided always, 
that no person shall be deprived by this act, or any of the provisions 
thereof, of any remedy by civil action against any pilot or other person, 
which he or they might have had, if this act had not been passed. 
§ 57 . 

Fines and penalties how to be recovered. —All the fines, penalties, and 
forfeitures at present lawfully exigible by the said corporation, or im¬ 
posed by this act, or which shall be imposed by any by-law to be made 
by the said corporation, and confirmed under authority of this act, shall 
be levied and recovered within twelve calendar months after the offence 
committed, before any sheriff, justice of the peace, magistrate, or other 
judge ordinary of or for the county, city, town, or other place or bounds 
within which the offence shall be committed ; or if committed by any 
pilot before any such judge ordinary of the bounds to which such pilot 
shall belong ; or if committed by any owner or master of any such ship, 
by any such judge ordinary of the bounds within which such owner, 
&c. shall reside, or to which such ship shall belong ; or if committed 
by any owner or master of any foreign ship , before any such judge 
ordinary of the bounds within which the said owner or master may at 
any time be found, within the twelve calendar months aforesaid; or 
the said fines, penalties, and forfeitures, may be levied and recovered 
from the consignee or agent for any such foreign ship, having in his or 
their hands monies or effects for or on account of such ship, or of the 
owner or owners, or masters thereof, before the judge ordinary of the 
bounds within which such consignee or agent shall reside: Provided 
that the same shall have been demanded from such consignee or agent 
during such time as he was possessed of such monies or effects. Such 
fines, &c. to be recovered in the form and by virtue of a petition or 
complaint, to be made and presented to the said sheriff or other judge 
ordinary aforesaid by the said corporation, or any person having their 
consent and authority in writing to make and present the same. § 58 
and 59. 

Powers and duties of the judge ordinary .—The said sheriff, justice 
of the peace, magistrate, or other judge ordinary aforesaid, to whom 
such petition or complaint shall be competently presented as above pro¬ 
vided, shall and he is hereby empowered and required to grant a war¬ 
rant to bring before him such offender or offenders, at the time and 
place to be specified in such warrant, and upon his, her, or their con¬ 
fession, or on the evidence of one or more credible witness or witnesses 
upon oath, (which oath such judge ordinary is hereby empowered to 
administer,) in a summary way, to find the offender or offenders com¬ 
plained upon guilty of the offence or offences committed by them 
respectively, if he or they shall appear so to be, and to adjudge, decern, 
and ordain him or them to make payment to the said corporation, or 
person or persons having their written consent and authority as said is, 
of the fine, penalty, or forfeiture, or fines, penalties, or forfeitures, im¬ 
posed by this act in respect of the offence or offences committed by him 
or them respectively, and of all costs of suit, and of the dues of extract¬ 
ing the decree or warrant, or decrees or warrants, to be pronounced and 




PORT OF LEITH. 243 

given forth by the said judge ordinary for the payment thereof, and of 
all reasonable charges attending the recovery of the same. § 60. 

The person complained upon , failing to attend , to he adjudged guilty. 
—If any person upon whom a warrant shall have been duly served to 
attend such sheriff, or other judge ordinary as aforesaid, in any such 
petition or complaint made against him, shall refuse or fail to attend at 
the time to be specifie in such warrant, such sheriff or other judge 
ordinary shall nevertheless proceed to the trial of the offence of which 
complaint is so made ; and upon the conviction of the offender by the 
evidence on oath of one or more credible witness or witnesses, in manner 
before provided, such offender shall be decerned and ordained accord¬ 
ingly to make payment, as aforesaid, of the fine, penalty, or forfeiture, 
annexed to such offence; and in case any such person, upon whom a 
warrant shall have been served as aforesaid, shall escape or go and reside 
without the jurisdiction cf the judge who issued such warrant, he shall, 
notwithstanding, still be held and continue subject to the jurisdiction of 
such judge, in all matters relative to the complaint so made against 
him ; and such judge is hereby empowered and required to proceed to 
judge and determine, and pronounce sentence and decreet in the mat¬ 
ter of the said complaint, as if such person complained upon had still 
remained within his jurisdiction ; and the sentences or decrees to be in 
either of the above cases pronounced and given forth by the said sheriff 
or other judge ordinary aforesaid, shall in no respect be deemed or con¬ 
sidered to be a decree in absence, but to all intents and purposes shall 
be deemed and held to be, and shall have all the force and effect of de¬ 
crees inforo, any law or practice to the contrary notwithstanding. § 61. 

The jurisdiction of the said judge ordinary to he privative and exclu¬ 
sive , and his decrees final. —It shall not be lawful for, or competent to 
any person or persons so complained upon, and decerned against by the 
said sheriff or other judge ordinary aforesaid, for or in respect of any 
such offence or offences, to advocate, suspend, or remove the proceedings 
from before the said sheriff, or other judge ordinary, or to appeal from 
or bring his sentence or decree under review of, or to reduce or set aside 
the same before any other or higher judge, court of law or equity, or of 
appellant jurisdiction, either in Scotland or elsewhere, upon any ground 
in law or fact, or pretext whatever, by advocation, suspension, reduc¬ 
tion, writ of appeal, or any other mode or form of appeal, or of review¬ 
ing or reducing judicial sentences and decrees whatever; but the juris¬ 
diction of the said sheriff, or other judge ordinary, shall be privative and 
exclusive in the premises, and his sentence or decree final and conclusive 
betwixt the parties, to all intents and purposes, any law or practice to 
the contrary notwithstanding. § 62. 

The judge ordinary empowered to grant warrant to cite witnesses , and 
to bring them before him. —The said sheriff or other judge ordinary 
shall be and he is hereby empowered and required to grant warrant for 
citing all necessary witnesses in the subject matters of the said petitions 
or complaints; and if any person who shall be so summoned as a wit¬ 
ness, in any such petition or complaint, shall after having been paid or 
tendered a reasonable sum for his or her costs and expences, without 
just cause, refuse or neglect, or fail to appear at the time and place ap¬ 
pointed in his citation, it shall be lawful for the said sheriff or other 
judge ordinary, on proof of such summons having been served, to issue 
his warrant to bring such person before him. § 63. 

His warrants how to be enforced beyond his jurisdiction. —If any 
neeessary witness, in the subject matters of any such petition or com 

r 2 





244 


PILOTAGE.—SCOTLAND, 


plaint, shall not reside within the jurisdiction of the sheriff or other 
judge ordinary before whom the same is presented, it shall be lawful 
for the said judge, and he is hereby required notwithstanding to grant 
warrant for citing such witness to appear and give evidence in the said 
complaint; and afterwards, in case of his failing to appear, for bringing 
the said witness before him ; and it shall be lawful for any justice of the 
peace, or other judge ordinary of the county, city, town, or bounds 
within which such witness resides, and he is hereby required to inter¬ 
pose his authority to the said warrants, by indorsing the same; and 
the same, when so indorsed, shall be lawful warrants for citing such 
witness to appear, and for bringing him before the said judge before 
whom the said complaint was made, at the time and place specified in 
his warrant. § 64. 

Witness giving false testimony to be guilty of perjury. —Every person 
who, in any examination upon oath before such sheriff or judge afore¬ 
said, shall wilfully give false testimony, or a false account of the matter 
sworn to by him, shall be guilty of perjury, and liable to all the pains 
and penalties thereto annexed by the law of Scotland, and subject to be 
criminally prosecuted for the same, in conformity to the laws and prac¬ 
tice of Scotland in the like cases. § 65. 

Persojis refusing to give testimony to be imprisoned. —If any person 
residing in Scotland, who shall be duly cited as a witness in manner 
above provided, shall, after having been paid or tendered a reasonable 
sum for his or her costs or expences, refuse or fail to appear, or upon 
appearing or being brought before the said judge shall refuse to be 
examined upon oath, or to answer all or any pertinent question or 
questions relative to the subject matters of the petition or complaint in 
regard to which he is cited, without assigning just and lawful cause for 
such refusal, it shall be lawful for the said sheriff or other judge to 
whom such petition or complaint shall be presented, and he is hereby 
required to decern against the person so refusing in a penalty not ex¬ 
ceeding ten pounds, and failing payment thereof to issue a warrant for 
committing him to the nearest lawful gaol, therein to be imprisoned 
for any time at the discretion of the said sheriff or other judge, not ex¬ 
ceeding three months; and every justice of the peace or other judge 
ordinary of the bounds within which such person may be found for the 
time, is hereby empowered and required to interpose his authority to 
and enforce the said warrant, by indorsing the same ; and the same, 
when so indorsed, shall be a legal warrant for imprisoning such person 
in terms thereof. § 66. 

Complaint must be presented within twelve months of the alleged 
offence .—No suit or action shall be brought or prosecuted against any 
person or persons for any offence or offences alleged to be committed 
by him or them against the provisions of this act, unless the petition or 
complaint be presented within twelve calendar months after the com¬ 
mission of the alleged offence ; but such actions or suits being com¬ 
menced within that time, shall and may be prosecuted and followed out 
to a final judgment, without any limitation of time other than shall be 
prescribed to such or similar actions or suits by the common law and 
practice of Scotland. § 67. 

Fines and penalties how to be applied. —One-third of all fines, penal¬ 
ties, or forfeitures to be actually levied and recovered in pursuance of 
this act, in manner above provided, by whomsoever incurred, shall 
belong and go to the person who shall inform of the offence being com¬ 
mitted ; who, if required by the said corporation, shall, with their writ- 



PORT OF LEITH. 


245 


ten consent and authority, sue for the penalty so incurred; and the 
remainder of all such fines, penalties, and forfeitures shall belong and 
be paid to the said corporation, and shall by them be applicable and 
applied to the like uses and purposes as the other funds of the said cor¬ 
poration, after defraying all expences incurred in recovering or otherwise 
in relation to the said fines, penalties, or forfeitures. § 68. 


SCHEDULE (C.) to which this act refers. 

TABLE of the Rates of Pilotage for piloting Ships and Vessels from 
Leith Roads to Carron Roads, and from Leith Roads to Stromness, 
Shetland, and the Lewis Islands, and vice versa. 


From 


Leith Roads 


To 


Ships and 
Vessels from 
70 Tons to 
100 Tons 
Measurement. 


Ships and 
Vessels from 
120 Tons to 
250 Tons 
Measurement. 


Ships and 
Vessels from 
250 Tons to 
500 Tons 
Measurement. 


C Inverkeithing, or the 
I Hope ... 


£ 


1 


s. 

1 


d. 

0 


£ 


1 


s. 

4 


d. 

0 


£ 

1 


s. d. 

6 0 


Ditto. 

Carron Roads. 

Ditto. 

Island of May. .... 

Ditto. 

Bell Rock. 

Ditto . . . T 

Cromarty T . 

Ditto ... j 

L 

Stromness and Kirk¬ 
wall ... 

Ditto. 

Lerwick. 

Stromness.. . 

StAbb’sHead 

Mull of Cantyre.... 
Leith Rock. 


2 2 

3 3 

4 4 
6 16 

jlO 10 

12 0 
12 12 

5 14 


0 

0 

0 

6 

0 

0 

0 

0 


2 5 0 

4 4 0 

5 5 0 
7 17 6 

11 11 0 

13 0 0 
13 13 0 

6 15 0 


2 8 0 

5 5 0 

6 6 0 

8 18 0 

12 12 0 

14 0 0 
13 13 0 
7 16 0 


s. d. 

N.B.—For each league without or seaward of these limits. 10 6 

Pilots carried out to sea, to have per day (see § 49). 10 6 


- remaining on board after having performed their duty, to havel - n 

per day (see § 53) ... ............... j 































246 


PILOTAGE. 


NEWCASTLE-UPON-TYNE. 

CSeparate Jurisdiction.') 

(See 6 Geo. IV. c. 125. § 89. page 176. j 
41 Geo. III. c. 86. 

An Act for extending and enlarging the Powers , and increasing the 
Rates and Duties of the Corporation of the Trinity-house of New¬ 
castle-upon-Tyne, and for better regulating the Port of Newcastle . 

Whereas the Master, Pilots, and Seamen of the Trinity-house of 
Newcastle-upon-Tyne have been for a long series of years a Corporation, 
and by long usage and by virtue of divers letters patent granted to them 
by the crown, have possessed various powers, particularly the power of 
appointing and licensing pilots for conducting ships or vessels up and 
down the river of Tyne , and into and out of the port of Newcastle , and 
the creeks and members belonging thereto, and of erecting, placing, 
and maintaining lights, buoys, and beacons in the said port and river; 
and have during all such time received divers rates, dues, and duties, 
in respect of the charges attending the performance of such powers, 
whereby the trade and navigation of the said port and river, and of the 
creeks and members, have been much promoted and increased; and 
whereas it would greatly tend to the further increase of such trade, and 
to the security of ships trading to the said port, and the creeks and 
members thereof, if such powers and privileges were extended and en¬ 
larged, and if such dues and duties were reasonably increased, so as to 
enable the said master, &c. fully and effectually to use and exercise the 
said powers and privileges; and whereas great inconveniences are ex¬ 
perienced in the said port and river, from the want of regulations as to 
the navigating and mooring ships and other vessels in the same, which 
might be avoided, if the Mayor and Burgesses of Newcastle (who are 
conservators of the said port and river) were enabled to appoint harbour 
masters to regulate the navigating and mooring of ships and other 
vessels in the said port and river; be it enacted— 

The corporation of the Trinity-house are to license pilots. —That at 
all times hereafter the master, pilots, and seamen are hereby required 
to examine such persons as to them shall seem proper, to ascertain their 
skill in piloting ships and other vessels up and down the river of Tyne, 
and into and out of the said port of Newcastle, and into and out of the 
several creeks and members of the said port, and after such examination 
of the skill, &c. of such persons, to license and authorize by writing- 
under their common seal all or any of them to act in the capacity of 
pilots, and which pilots so licensed shall at all times exclusively (where 
any pilot shall be employed) have the navigating, conducting, and 
piloting of the said ships or vessels up and down the said river, and in 
and out of the said port, and in and out of all the creeks and members 
belonging to the same. § 1. 

Other than a licensed pilot navigating vessels to forfeit twenty pounds . 
—If any person shall take upon himself the charge of any ship, or 
otherwise act on board thereof as pilot, in navigating, conducting, or 
piloting any ship in the said river, or into or out of the said port, or 
of any of the members or creeks belonging thereto, other than such 
persons as shall be so licensed to act as pilots by the said master, &c. 


NEWCASTLE-UPON-TYNE. 


247 


every person so offending, and being convicted before any justices 
of the peace for the said town of Newcastle-upon-Tyne, or for the 
counties of York, Durham, or Northumberland, or any of them, 
within their respective jurisdictions, shall forfeit the sum of twenty 
pounds. § 2. 

Pilots to pay forty shillings for their licence, and to be subject to the 
regulation, control, and government of the said master, &c. § 3. 

Pilots misbehaving to forfeit forty shillings, and their licences may 
be withdrawn. —In case any pilot shall refuse or neglect to take the 
charge of any of his Majesty’s ships, when appointed thereto by the 
said master, &c. or shall quit any ship of which he shall have the 
conduct, before the same shall be properly moored in their respective 
stations, or safely out at sea, without permission from the owner or 
master of such ship, or if such pilot shall misbehave in the conduct of 
any ship, or in the execution of any other part of a pilot’s duty, or if 
such pilot shall refuse to attend the said master, &c. when duly sum¬ 
moned, or to obey and fulfil the orders or regulations of the said master, 
&c. every such pilot so offending shall forfeit any sum not exceeding 
forty shillings, at the discretion of the said master, &c. and shall also forfeit 
all fees and other dues which shall then happen to be due to him for 
pilotage, and shall be utterly disabled and incapacitated from acting as 
a pilot in the said port, or the creeks or members thereof, until such 
penalty shall be fully paid; and the said master, &c. may recall the 
licence granted to such pilot, and declare the same to be thenceforth 
null and void, and if any person from whom such licence shall have 
been recalled shall act as a pilot within the limits aforesaid, he shall be 
subject to all the penalties inflicted on persons acting as pilots, in the 
same manner as if no licence had ever been granted. § 4. 

Corporation may make by-laws, fyc. —It shall be lawful for the said 
master, &c. to make such by-laws, rules, orders, and regulations, for 
the better regulating the said pilots, to be as they shall deem necessary, 
so as the same be not contrary to nor inconsistent with the provisions of 
this act, or any other law now in force; and also, as they shall see occasion, 
to annul, add to, and alter such by-law r s, &c. in such manner as to the said 
master, &c. shall seem requisite; and to fix reasonable pecuniary pe¬ 
nalties, not exceeding forty shillings, for the non-observance, non-per¬ 
formance, or other breach of such by-laws, &c. which shall be recovered 
and applied in manner hereinafter directed ; all which by-laws, &c. shall 
be printed for the better publication thereof. § 5. 

Foreign ships obliged to employ pilots ; British ships to employ them 
or not as they think proper. —The owners or masters of foreign ships 
coming into or departing from the said port of Newcastle, or any of the 
creeks or members belonging thereto, shall be obliged to take on board 
and employ such pilots licensed as aforesaid ; and in case of neglect or 
refusal, they shall nevertheless pay the pilotage duties, and the same 
shall be recoverable in the same manner as if such pilots had been 
actually received and employed : Provided that nothing in this act con¬ 
tained shall oblige the owners or masters of any British ships to employ 
a pilot, if they shall not respectively be desirous so to do. § 6. 

Corporation authorized to take rates for pilotage. —(See Tables, page 
249 and 250,)—To be paid within Jive days after the pilotage shall 
have been performed. § 7. 


Corporation authored to take certain rates for supporting two light-houses at North 
Shields. § 8. 



248 


PILOTAGE. 


Power of distress and sale. —If any master of a ship shall refuse or 
neglect to pay the rates, the collector may distrain the said ship and her 
tackle, and if such distress be not satisfied in five days he may proceed 
to sell the same, or the furniture thereof, and satisfy the same and the 
charges of such distress. § 14. 

Eluding payment. —If any master of a ship or other person shall 
elude payment of the rates they shall stand charged therewith, they 
may be recovered as hereinafter directed. § 15. 

Ascertaining the tonnage. —Ships to pay according to the tonnage 
stated in the register, which the master is to produce ; and in case of 
dispute, or of foreign ships, the tonnage to be ascertained according to 
the “ Act for the Registering of British vessels,” (now the 6 Geo. IV. 
c. 110.) §16. 

Draught of water. — Masters to give a true account of the draught of 
water their ships draw, under penalty of ten pounds. § 17. 

Ships’ registers. —The corporation to have access to ships’ registers, 
and papers deposited at the respective custom-houses. § 18. 

Holy Island. —Whereas a doubt is entertained whether the creek or 
haven of Holy Island, lying off the coast of Northumberland , is a creek 
or member belonging to the port of Newcastle , and it would greatly 
conduce to the safety of vessels using the coasting trade if such doubt 
was removed,—therefore from the passing of this act the said haven 
or creek of Holy Island shall be deemed a creek or member of the 
said port of Newcastle, in so far as to give to the said master, pilots, and 
seamen, all the powers, authorities, dues and duties, rights and privi¬ 
leges, relating to the appointment of pilots, and the erecting buoys and 
beacons in or near the said creek or haven, which they now possess or 
use in the said port of Newcastle, or any of the creeks or members 
thereof; and all the powers of this act, as to licensing pilots, &c. shall 
be deemed applicable to Holy Island. § 24, 25. 

Saving the rights of the Trinity-houses. —Nothing to be construed to 
extend to prejudice any of the rights or privileges of the master, war¬ 
dens, and assistants of the Trinity-house of Deptford Strond, the cor¬ 
poration of the Trinity-house of Kingston-upon-Hull, or the master 
and assistants of the Trinity-house of Leith. § 28. 


The buoy and beacon duty is as follows.—§ 11. 


Loaded. 


British ships not exceeding 50 tons. 
150 tons and not\ 10n 
l exceeding j 1UU 

- 100 „ 200 

-- 200 „ 300 


—above 300. 

Foreign ships, each 


s. d. 
0 4 

0 9 

0 11 
1 1 
1 3 
1 6 


Ships coming in and also returning out of the port unloaded to pay the 
above as if loaded, but not to apply to vessels having proceeded out and 
put back, without having completed the voyage. § 12. 

Not to apply to his Majesty’s ships of war, or vessels belonging to the royal 
family, nor to any fishing vessels, nor to vessels employed on the river 
Tyne only. § 13. 

Every ship entering the port of Newcastle, or the creeks thereof, or the 
creek or haven of Holy Island, to pay towards the expence of the buoys 
&c. at Holy Island, as follows.—§ 26. s . d .* 


Under 200 tons. 0 2 

Above 200 ...........u 3 














NEWCASTLE-UPON-TYNE. 


249 


Hearing of offences. —The justices for the town and county of the 
town of Newcastle , or for the counties of Northumberland , Durham , or 
York , within their respective jurisdictions, (not being members of the 
Trinity-house of Newcastle,) to hear and determine offences against 
this act, or any by-laws of the said masters, &c. and they may summon 
parties and witnesses, and administer oaths. § 32. 

Witnesses. —One witness to be sufficient. § 33. 

Mitigation of fines. —Justices may remit fines, but not more than to 
one moiety. § 34. 

Appeal. —Parties aggrieved may appeal to the justices at the quarter 
sessions, giving fourteen days’ notice ; their decision to be final. § 36*. 

Recovery of penalties. —To be by distress and sale of the offender’s 
goods, and if there is not sufficient distress he may be committed to 
prison for three months. § 37. 

Application of penalties. —Penalties incurred by pilots to be divided, 
one-half to the informer, the other to the poor of the corporation : all 
other penalties shall be wholly paid to the corporation for the general 
purposes of their fund. § 41. 


NEWCASTLE DISTRICT. 
BERWICK. 

Table of the Rates of Pilotage. 


British ships, for every foot of water they draw : s. d. 

-from 1 April to 1 October. 1 4 

- 1 October to 1 April. 1 6 

Foreign ships, for every foot of water : 

-from 1 April to 1 October. Ill 

-1 October to 1 April. 2 3 


Harbour Masters. —The corporation to appoint harbour masters, whose orders 
the masters of ships are to obey respecting mooring their ships; and the expences of 
removal, and any sum not exceeding five pounds, nor less than two pounds, may be 
recovered from the masters for neglect or refusal; and obstructing them subjects the 
party to a penalty of twenty pounds. § 19 to 23. 











250 


PILOTAGE, 


NEWCASTLE UPON-TYNE. 


Table of the Rates of Pilotage. 


British Ships. 

For every British ship piloted into or out of the said Port, or 
any of the Creeks or Members thereof, between the 1st April 
and the 1st October, at and after the rate of, for every foot 
of water which such vessel shall draw.. . 


d. 

3 


-„-between the 1st October and the 1st April . . 1 

For every such ship or vessel, at any time of the year, piloted 
and conducted up or down the river of Tyne, between the 
town of North Shields or South Shields, and any part of the V 1 
said river above the Bill Point, for every foot of water which 
such ship or vessel shall draw. 

For every such ship or vessel so piloted up or down the part of) j 
the said river below the Bill Point , for every such foot.J 


6 

6 


0 


Foreign Ships. 


For every foreign ship or vessel piloted as aforesaid, for every] 
foot of water such foreign ship or vessel shall draw, over and > 0 
above the rates aforesaid . J 


And for every such foreign ship or vessel having lee-boards, over 
and above the said rates . 


5 


6 

0 


The master, wardens, &c. of the said Trinity-house hereby give notice 
to all owners and masters of ships, coming to or employed in the said 
port of Newcastle, or the creeks and members thereof, that from and 
after the date hereof, they are not to pay more or other than the afore¬ 
said rates of pilotage. 

By order, 

HENRY SHADFORTH, 

Trinity-house , Secretary . 

June 25, 1801. 


BLYTII. 

Notice to the Pilots residing there. 

Pilots are ordered not to quit or leave any ship which they may or 
shall pilot into the harbour, until she shall be safely moored. And also 
to attend loaded ships when ready to proceed to sea, as soon as they 
may or shall be afloat, in order that no time or part of the tide may be 
lost by their negligence. 

By order, 

HENRY SHADFORTH, 
Secretary. 

Trinity-house, Newcastle, 

Nov. 11, 1807. 










PILOTAGE.—NEWCASTLE DISTRICT. 


251 


TABLE OF RATES OF PILOTAGE FOR STOCKTON. 


For every foot of water the vessel draws:— 


From 

To 

British 

Ships. 

Foreign 

Ships. 

The Sea, and any j 
intermediate place, 
and vice versa.,.. 

i 

j The eighth Buoy, being the'! 
j first safe place of anchorage ( 
i as allowed by act of parlia- i 
ment. ) 

Cargo Fleet.. 

s. d. 

1 3 

1 9 

s. d. 

1 9 

2 9 



s, d. 

Between the 1st October and 1st April, per foot extra. 0 3 

Foreign vessels having lee boards, and above the said] 
rates, (to be paid for lee boards from sea and in the river > 5 0 

likewise).j 


From 

To 

British 

Ships. 

Foreign 

Ships. 

Cargo Fleet, and any) 
intermediate place, > 
and vice vers4 ..... J 

Middleburg .. 

Stockton... 

s. d. 

0 6 

1 6 

s. d. 

1 0 

2 6 




N.B.—Owners and masters of ships using the Tees and Port of 
Stockton are not to pay more, or any other rates of pilotage, than the 
above-mentioned rates. 

By order, 

THOMAS GIBSON, 

Trinity-house, Secretary. 

Newcastle-upon-Tyne, 

February 4, 1828. 


TABLE OF RATES OF PILOTAGE FOR WHITBY. 

s. d. 

Vessels inwards, per foot, in summer... 1 3 

-in winter. 1 6 

Vessels outwards, per foot, in summer. .. 1 3 

-in winter. 1 6 

Summer to commence 1 April. 

Winter „ 1 October. 

Rules for Pilots for the Port of Whitby, 

No pilot to be allowed to go to sea as a seaman, without forfeiting his branch, except 
on a voyage to London, for which leave must be first obtained from the ruler of the 
pilots. 

Any pilot, taking charge of a ship or vessel to bring her into the harbour, is not to 
leave her until she is at her moorings above the bridge, unless by consent of the 
master. 

That a regular watch be kept during the night; and any pilot neglecting such 
watch or duty, in his regular turn, to be subject to suspension during the pleasure of 
the board. 




























252 


PILOTAGE. 


KINGSTON-UPON-HULL. 

(Separate Jurisdiction.') 

See 6 Geo. IV. c. 125. § 89. page 176. 

39 and 40 Geo. III. c. 10. 

An Act for the appointment and regulation of Pilots for the conducting 
of Ships and Vessels into and out of the Port of Kingston-vpon-Hull; 
and for ascertaining the Salvage for Anchors , Cables , and other 
Ships Materials, found in the River Humber; and for the better 
ascertaining the Tonnage of Ballast Lighters employed at the said 
Port. 

Whereas the Corporation of Wardens, Elder Brethren, and Assistants 
of the Guild or Brotherhood of the Trinity-house of Kingston-upon - 
Hull, have for a long period of years, by usage as well as by virtue of 
letters patent or charters granted to them by the crown, exercised the 
power of appointing pilots to conduct ships and vessels from the river 
Humber to cross the seas, or to pass from the said river Humber beyond 
Flamborough Head northward, and Wintertonness southward; but 
they are not invested with sufficient powers to prevent other persons 
from acting as pilots within the said limits: and whereas it would 
greatly tend to the safety of ships trading to the port of Kingston upon- 
Hitll, if effectual powers were given for appointing and regulating of 
pilots for conducting of such ships and vessels between the said port and 
the sea, and for a small distance out at sea; and for preventing persons 
not so appointed from acting as pilots; and also for settling and ascer¬ 
taining the salvage for anchors, cables, and other ships materials found 
in the said river Humber, &c 

Who to license pilots, and penalty on persons acting without licence. 
—The Wardens, Elder Brethren, and Assistants of the said Trinity- 
house are hereby authorized and empowered, by writing under their 
common seal, to license such persons as they shall, upon examination 
touching their skill and abilities, approve of and think properly qualified 
for that purpose, to be pilots for the conducting of ships and vessels 
into and out of the port of Kingston-upon-Hull, and upon any part of 
the river Humber below the said port, and so far out at sea as to bring 
the Northness of Dimlington on the coast of Holderness to bear or be 
seen a sufficient distance clear or open of the land to the southward 
thereof, so as to pass clear of the New Sand; and the persons so 
licensed shall be called river pilots; and if any person, without having 
such licence, shall take upon himself to pilot any ship into or out of the 
said port, or at any place between the said port and the place at sea 
where the said Northness of Dimlington bears as aforesaid; or if any 
person, other than such as shall have been examined and declared by 
the said wardens, &c. to be properly qualified and capable of conducting 
ships and vessels as a pilot at sea, shall take upon himself to act as pilot 
of any ship or vessel destined on a voyage from the said port of King - 
ston-upon-Hull, in conducting such ship or vessel from the place near 
the entrance of the said river Humber, where the said Northness of 
Dimlington bears as aforesaid, to cross the seas, or to pass from Flam- 


KINGSTON-UPON-HULL. 253 

borough Head northward, or IVintertonness southward; every such 
person shall forfeit any suin not exceeding twenty pounds. § 1. 

Certain vessels may be piloted by the masters, fyc. —Nothing in this 
act to oblige the master of any ship outward-bound, after she has been 
piloted out to sea, to employ any pilot to conduct such ship to pass 
further out at sea,—or to oblige the master of any ship in the coal trade, 
—or other coasting trade, (whether laden or in ballast,)—or of any 
British ship or vessel of less than six feet draught of water,—or of any 
ship or vessel coming into any of the roadsteads within the river Hum¬ 
ber for the purpose of shelter,—or of obtaining stores or provisions 
only, to employ any pilot; nor to prevent any owner, part owner, 
master, or mate of or any person belonging to any ship inward-bound 
from piloting the ship to which he shall belong into and up the said 
river Humber, in case none of the said river pilots shall be ready and 
offer to pilot the same; nor to prevent any person from assisting any 
ship or vessel in distress. § 2. 

Pilots to pay for their licence. —Every river pilot shall for his first 
licence pay to the treasurer, or clerk to the commissioners, any sum not 
exceeding six guineas, and for every licence afterwards granted any sum 
not exceeding three guineas, at the discretion of the said commissioners, 
and every such person shall be subject to the several clauses, regulations, 
and provisions in this act contained, and to such orders, rules, and by¬ 
laws as shall be made in pursuance hereof: Provided that no licence 
shall continue in force for more than one year from the date thereof. 
§3. 

Trinity-house may suspend pilots —The Corporation of the Trinity- 
house may at any time suspend or vacate the licence granted to any 
river pilot, who shall refuse or neglect to take charge of any of his Ma¬ 
jesty’s ships, or shall behave improperly in the discharge of his duty, 
whether such refusal, &c. shall be made a subject of complaint by the 
said commissioners or not. § 4. 

Commissioners. —The Mayor, Recorder, and Aldermen of the Town 
or Borough of Kingston-upon-Hull for the time being, the said War¬ 
dens, Elder Brethren, and Assistants of the said Trinity-house for the 
time being, together with certain persons mentioned by name, are con¬ 
stituted commissioners for carrying into execution the several powers 
and authorities by this act; and all acts directed to be done by the said 
commissioners may be done by any five or more of them, (being the 
major part of the commissioners assembled at their respective meetings, 
to be held for the purposes of this act,) and the same shall be as valid 
and effectual as if done or executed by all the said commissioners. § 5. 

The five following clauses relate to the appointments of officers, trea¬ 
surer, &c., and the meetings of the commissioners, which is to be the 
first Thursday in every month in the year. 

Pilots to assist King’s ships in preference to others, and pilots misbe¬ 
having, Sfc. —Every river pilot shall at all times afford every assistance in 
his power to any of his Majesty’s ships, and when any of them shall (by 
signal or otherwise) appear to be in want of a pilot, shall go to assist 
such ships in preference to any other ship whatsoever; and in case any 
such pilot shall refuse or neglect to take the charge of any of his Ma¬ 
jesty’s ships, or any other ship whatsoever, upon a proper signal being 
made or a gun fired by any ship inward-bound, or at the request of 
the master, &c. of any ship outward-bound ;—or if any pilot shall refuse 
to give every assistance in his power to any ship in distress, or in want 
of any extra assistance ;—or in case it shall appear to the commissioners 


254 


PILOTAGE. 


that any such pilot shall have misbehaved himself in the conduct of any 
ship, or in the execution of his duty ;—or if any such pilot shall (without 
some reasonable excuse) refuse to obey any summons issued in pursu¬ 
ance of the order of any five of the said commissioners, requiring- his 
appearance before them, or to obey such orders as shall be made at any 
of their meetings, every such pilot shall forfeit any sum not exceeding 
twenty pounds ;—and if the commissioners shall think that the pilot 
should be suspended or broke, and shall state the matter of complaint 
and such their opinion to the corporation of wardens, &c. the said cor¬ 
poration are hereby required to inquire into the matter, and upon proof 
of the offence, by the oath of any credible witness, (which oath the said 
mayor, &c. is hereby empowered to administer,) according to their dis¬ 
cretion, either to suspend or to entirely break and dismiss such pilot, 
and to declare his licence to be void ;—and such pilot shall be accord¬ 
ingly either suspended, or broke and dismissed, and his licence be 
utterly void, as the case shall be ; and if any such pilot, after being sus¬ 
pended, &c. shall during the time of such suspension, or after such 
dismission, take upon himself to pilot any ship into or out of the port 
of Kingston-upon-Hull aforesaid, or upon any part of the said river 
below the said port, or out at sea between the entrance into the said 
river and the place where the Northness of Dimlington bears as afore¬ 
said, he shall forfeit any sum not exceeding twenty pounds. § II. 

Rales for British and Alien ships. —No greater rates shall be de¬ 
manded by any pilot than what shall be fixed by the said commission¬ 
ers, so that the rate so fixed for piloting any ship into the said port of 
Kingston-upon-Hull, from the place at sea where the Northness of 

Dimlington bears as aforesaid, shall not be more than-, nor less 

than-. § 12 and 13. For the Rates, see page 259. 


Fraction of a foot. —If the fraction of a foot shall exceed half a foot, 
the same shall be deemed as half a foot. § 14. 

Commissioners may vary and regulate the prices of pilotage. —The 
commissioners are authorized to vary and alter all rates, and to deter¬ 
mine what shall be considered the different, seasons of the year, if they 
should determine to make a difference of rate according to the season 
ot the year, provided they do not make the same lower or higher than 
the respective sums before mentioned. § 15. 

Ships outward-bound in ballast. —Every master of any ship sailing 
from the said port with ballast only , which shall be piloted out of the 
said port by any of the said pilots, shall pay two-third parts only of the 
rates which such ship would be liable to if laden or part laden for such 
respective pilotage. § 16. 

Coasters to pay half rates. —The master of any ship employed in the 
coasting trade, (and which shall have been actually employed for six 
calendar months,) which shall be piloted into or out of the said port by 
any of the said pilots, shall be subject to the payment of one half part 
only of the said respective rates payable in respect of British ships. 
§ 17 . 

Vessels drawing less than six feet. —If any ship (whether trading 
coastwise or otherwise) which shall be piloted into, out of, or upon the 
said river Humber, by any of the said pilots, shall not draw six feet 
water, such ship shall nevertheless (in ascertaining the rate of pilotage) 
be deemed to draw six feet water. § 18. 

Proportioning the rates of pilotage. —If any ship not bound to the 
port of Kingston-upon-Hull shall, on account of contrary winds and 
bad weather, or otherwise, be piloted from or to the Northness of Dim- 






KINGSTON-UPON-HULL. 255 

ling-ton, into or out of any of the roadsteads of the said river Humber 
below the roadstead of the said port of Kingston-upon-Hull, the fol¬ 
lowing proportions of the rates shall be paid ; (that is to say,) if such 
ship shall be piloted from or to the place where the Northness of Dim- 
lington bears as aforesaid into or from the Hawk Road, or Grimsby 
Road, one-third part of the rates imposed for the whole extent of the 
first above-mentioned distance; and if from or to the said distance into 
or from Whitebooth Road, two-third parts of such rates. § 19. 

Rewards for assisting ships in distress. —In case any ship shall be 
met with in distress, and shall be assisted by such pilot, or any of his 
crew or boat, then such compensation shall be made as shall be settled 
by the commissioners at their next meeting; and if any agreement for 
such extraordinary assistance shall have been made, such agreement 
shall be null and void; —or in case any ship shall, at the particular re¬ 
quest of the master, be piloted by any of the said pilots from any further 
distance than what is hereby provided for, every such pilot shall be paid 
such sum as the said commissioners shall order and direct, not less than 
ninepence nor more than one shilling and threepence for every foot of 
water any such British ship or vessel shall draw, &c. and not less than 
one shilling nor more than two shillings for every foot of water any such 
alien ship or vessel shall draw, &c. over and above the said rates of 
pilotage for piloting ships from the distance of the said Northness of 
Dimlington, or into the said port. § 20. 

Masters refusing pilots , pilotage to be paid. —In case the master of 
any ship drawing six feet water or upwards, which shall be outward- 
bound, or which shall be inward-bound, shall refuse to take on board 
and employ one of the said pilots, (except ships in the coal or coasting 
trade,) such master shall pay to the river pilot who first or who only 
shall offer his service, and shall be so refused, the full pilotage which 
such master would have been subject to pay, if the said pilot had been 
received in piloting such ship into or out of the said port of Kingston- 
upon-Hull, with the expense to be incurred in the recovery of the same. 
§ 21 . 

Pilots leading the way. —In case any ship coming into or going out 
of the port shall be in want of a pilot, and none of the pilots can be pro¬ 
cured, and there shall be any of the said river pilots on board any other 
ship passing into or out of the said port, such pilot on board any such 
other ship may lead the way for and conduct the ship so in want of a 
pilot either into or out of the said port, or so far in her course until 
another river pilot can be obtained ; and the master of every such ship 
which shall be so piloted shall be liable to the payment of the whole, 
or such a proportion, (according to the distance such ship or vessel 
shall have been piloted,) of the said rates, as he would have been sub¬ 
ject to if the pilot had actually been on board of such ship, as shall be 
fixed by the said commissioners; and such pilotage so to be received 
shall be added to the stock of the boat to which such pilot shall belong. 

back to pay one-half of the rates. —In case any ship 
re been piloted out of the said port of Kingston-upon- 
Hull shall be forced back, by storm or otherwise, (after having by the 
consent of the master of such ship parted with such pilot,) and shall be 
conducted by such., master into any of the roadsteads or places in the 
said river, and such master shall afterwards employ any of the said 
pilots to conduct such ship out of such roadstead or place to sea, then 
such a proportion, not exceeding one-half of the full sum, shall be paid 


Ships forced 
which shall ha\ 



256 


PILOTAGE. 


for such pilotage as is hereby directed to be taken for pilotage outward, 
as shall be settled and fixed by the said commissioners. § *23. 

To what distance outward-bound ships are to be piloted; pilots to 
have three shillings and sixpence per day; and quitting ships without 
leave. — Penalty. —Every pilot is required to take charge of any ship at 
her moorings in the dock or other place within the said port, and to 
conduct her so far out to sea as to bring the Northness of Dimlington 
to bear as above-mentioned ; and whenever any such pilot shall be re¬ 
quired by the master (whether outward or inward-bound) to attend 
such ship at anchor in any of the roadsteads in the river Humber, for 
the purpose of taking in goods, or for any other purpose, such pilot shall 
attend accordingly, on not less than three shillings and sixpence per 
day for every day being paid to such pilot; and if such pilot shall be 
employed for a part only of a day, he shall be paid the like sum as for 
a whole day ;—and in case the attendance of a pilot’s crew or boat shall 
be required, there shall be paid for the use of such crew or boat such 
sum of money by the tide, day, or otherwise, as shall be directed by 
the said commissioners, according to the circumstances of the case ; 
—and if any river pilot, after he is engaged to serve, shall presume to 
quit any ship so detained, without the consent of the master, such pilot 
shall forfeit the pilotage which on his duly performing his duty he would 
have been entitled to, and any sum not exceeding ten pounds. § 24. 

Places to which inward-bound ships are to be piloted. —Every pilot 
who shall pilot any ship into the port of Kingston-upon-Hull shall 
take the same as high as above the place called The Garrison Jetty , 
and as much higher as may be, and from thence, if the tide will permit, 
into the wet dock of the said port, or to such other place of delivery as 
the master of such ship shall require; but if the tide will not allow 
thereof, then to moor her in a proper situation in the haven, without 
being paid any other rate than is hereby directed to be paid for piloting 
such ship into the said port. § 25. 

The remainder of the clauses are so nearly the same in substance, if 
not in words, to similar clauses in most of the preceding acts 
respecting pilotage, that it is thought to be sufficient merely to 
enumerate their titles and the sections. 

Masters to give a true account of the draught of water of their ships, 
under penalty of ten pounds and expences, and pilot authorized to ad¬ 
measure. § 26. 

Persons liable to pilotage are those who shall take upon themselves 
the charge, agency, or consignment of any ship, to be levied by distress 
and sale, &c. after the expiration of three days from the day on which 
such pilotage shall have been demanded. § 27. 


Berthing Ships. —In case the attendance of a pilot shall be required to take care of 
any ship from her first mooring, and to conduct her into the wet dock or -»ther place 
of delivery, the pilot that shall have brought her to such mooring, or some other of 
the river pilots, to be by the said pilot or the said master procured, shall attend and 
shall be paid for unmooring, transporting, and remooring such ship at her delivery- 
berth in the said dock or other place within the said poit, if such ship shall draw thir¬ 
teen feet of water and upwards, not less than nine shillings nor more than eleven shil¬ 
lings ; and if such ship shall draw upwards of ten feet and under thirteen feet of water, 
not less than six shillings and sixpence nor more than eight shillings and sixpence; 
and if such ship shall draw under ten feet of water , not less than four shillings nor 
more than six shillings, according to the discretion of the said commissioners. § 25. 




KINGSTON-UPON-HULL. 257 

On nonpayment of rate within three days, commissioners may dis¬ 
train, and in seven days proceed to sell. § 28. 

Masters forcibly taking away pilots. —The master of any ship on 
board of which any pilot shall be forcibly, or through stress of weather 
unavoidably carried to sea beyond the limits aforesaid, shall pay to such 
pilot, for the time he shall be detained on board after passing the said 
limits, the same wages as shall be payable to the mate of such ship, over 
and above the rate of pilotage; and in case of any such pilot being 
forcibly carried to sea beyond the said limits, otherwise than through 
stress of weather, such master or commander shall also forfeit any sum 
not exceeding twenty pounds. § 29. 

Licence money and fines to be applied for the relief of disabled pilots, 
their widows, and children. § 32. 

Rewards to meritorious pilots to be provided for, by deducting two 
pounds per cent, out of their earnings. § 33. 

Pilots not to keep public-houses. § 35. 

Saving for the Trinity-house of Deptford Strond , Dover, Deal, the 
Isle ofThanet, or Newcastle-upon-Tyne, fyc. —Nothing in this act shall 
extend to the taking away, &c. of any grants, liberties, franchises, 
powers, authorities, or immunities granted by any act of parliament, 
grant, or charter, to the master, wardens, and assistants of the brother¬ 
hood of Saint Clement, in the parish of Deptford Strond in the county 
of Kent, or to the society and fellowship of the master, wardens, and 


Sai.vage of Anchors. —Whereas it frequently happens that ships are through stress 
of weather forced from their anchors and cables in the river Humber, and unreason¬ 
able sums of money demanded for salvage by the persons taking them up, and the 
anchors and cables so taken up, together with buoy ropes and buoys belonging thereto, 
have frequently been clandestinely secreted from the owners, and fraudulently sold and 
disposed of, &c.—The Commissioners are hereby authorized to adjust any difference 
between the owner or master, or agent for the owner, of the anchors, cables, or other 
stores or materials of any ship which shall be found in the said river Humber, or the 
entrance thereof, and brought to the said port of Kingston-upon-Hull, and the person 
finding, taking up, and bringing the same, and the determination of the said commis¬ 
sioners shall be final and conclusive;—and if at any time any person shall find and 
take up any anchor, cable, or any other sort of ship’s stores or materials, and shall not 
without delay bring the same to the said port, or the limits thereof, and within the 
space of two days from the bringing the same into the said port, or the limits thereof, 
deliver the same up to the owner thereof, or his agent;—or if any such anchor, cable, 
or other ship’s materials so found, is not claimed by the owner thereof, or his agent, or 
such owner or his agent cannot be found or ascertained within the said space, then if 
the person finding and taking up the same shall not land and put the same in such 
public place near to the enl ranee of the said haven, as the said commissioners shall 
appoint, and give notice thereof, with a particular description in writing of the same, 
and of the place where found, to the said commissioners or their clerk, in order that the 
anchors, &c. so found may be advertised;—or if any person shall, with an intent to 
injure or defraud the owner of any anchor, &c. cut, break, destroy, or remove the buoy, 
buoy rope, or other mark or fastening to any such anchor, &c. so found as aforesaid, 
or when any such anchors, &c. are found, shall alter or deface the marks thereof, 
every person so offending shall forfeit any sum not exceeding twenty pounds ; and if 
any of the said pilots shall be guilty of any of the said offences, he shall not only 
forfeit the said penalty, but (if the said commissioners shall adjudge proper) shall also 
from thenceforth be broke and disqualified from acting as a pilot;—and there shall be 
paid to the said clerk, for every award the commissioners shall make upon any differ¬ 
ence as to any matter of salvage being referred to them, the sum of seven shillings 
and sixpence, over and above the stamp duty chargeable on such award by the said 
parties in difference, in equal moieties; and for advertising any anchor, cable, or other 
ship’s materials as aforesaid, the sum of five shillings, besides the expences attending 
the same, by the person finding and bringing such anchor, &c. and the owner thereof 
in equal shares. § 41. 


S 



258 


PILOTAGE. 


pilots of the Trinity-house of Dover, Deal, and the Isle of Thanet, or 
the Trinity-house of Newcastle-upon-Tyne. § 44, 45, 46, 47. 

Commissioners empowered to make by-laws, and to fix penalties not 
exceeding ten pounds. § 49, 50. 

Two justices of the peace to hear and determine offences. § 51. 

May compel the attendance of witnesses; persons not attending, &c. 
to forfeit two pounds. § 52. 

Persons aggrieved may appeal to the quarter sessions. § 53. 

Proceedings to be within six months. § 54r 

Form of conviction. § 55. 

Distress not to be deemed unlawful for want of form. § 56. 

Proceedings not to be quashed for want of form. § 57. 

Limitation of actions, six months; twenty-one days’ notice to be given. 
General issue, and treble costs. § 58. 


Notice is hereby given that the following rates of pilotage for the 
port of Poole have been fixed and approved of by this Corporation, and 
no other rates are to be demanded of or paid by the owners, masters, 
commanders, or agents of ships and vessels arriving at or leaving the 
port of Poole, 


Vessels whether laden or light, piloted or liable to be piloted inwards 
from Hull Roads, in the river Humber, or from any part of the said 
river Humber above Hull Roads, or outwards from the said port, or 
upon any part of the said river Humber, below the said port, to Hull 
Roads aforesaid, for each and every foot of the draft of water thereof, 
and so in proportion for half a foot, as follows, that is to say :— 


British. Alien. 
Per foot. Per foot. 


s. d. 

Not exceeding 6 feet. 3 6 

„ 6 feet, and not exceeding 8 feet .... 4 0 

„ 8 „ „ 10 „ .....4 6 

10 feet and upwards.5 0 

Coastwise, if piloted. .'.2 6 


s. 

4 

5 

5 

6 


d. 

4 

0 

ii 

3 


Vessels not drawing so much as six feet water to be deemed and con¬ 
sidered as drawing six feet water, and to pay accordingly. 


And for all ships and vessels which shall be towed by a steam-lug, 
under the directions of the pilots, two-thirds only of the above-men¬ 
tioned several rates are to be demanded and paid. 


Trinity-house, 

Kingslon-upon-Hidl, 


5 Dec. 1829. 


By order of the Corporation, 

WILLIAM BUNNEY, Jun. 
Secretary . 







KINGSTON-UPONTIULL. 


259 


TABLE OF RATES OF PILOTAGE INWARD AT HULL. 


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260 


PILOTAGE. 


BOSTON. 

(Separate Jurisdiction.') 

(See 6 Geo. IV. c. 125. § 89. page 176.) 

16 Geo. III. c. 23. 

An Act for the better Regulation and Government of the Pilots con¬ 
ducting Ships and Vessels into and out of the Port of Boston, in the 
County of Lincoln; and for affixing and- setting down Mooring- 
posts upon the Banks or High Marshes within or adjoining to the 
Haven and Harbour of the said Port, 8fc. 

Whereas the Borough of floston, in the county of Lincoln, is a very 
ancient borough, within the liberties whereof there are a Port, Haven, 
and Harbour of the sea, for importing and exporting merchandize; and 
the Mayor and Burgesses of the said borough have, as well by prescrip¬ 
tion as royal charter, been a Corporation for two hundred years last 
past and upwards; and by virtue and in pursuance of certain letters 
patent, granted them by Queen Elizabeth, bearing date on or about 
the 10th of February in the fifteenth year of her reign, have and do now 
use and exercise admiralty jurisdiction within the said borough and port 
of the same; and also the roads, and all and singular the deeps, com¬ 
monly called the Norman Deeps; and also all and all manner of places 
and parts, and watercourses, and the streams of the washes near and in 
the parts of Holland , extending to the haven or place called JVainfleet 
Haven, and to a certain place called Pullye Heads, and to another 
place or sand called the Knock , and to another place called the Dog’s 
Head in the Pot, and to the uttermost limits of the flowing and ebbing 
of the waters aforesaid and every of them, and adjoining to the sea and 
floods and streams of the borders and confines of the county of Norfolk ; 
and by virtue of the same letters patent, and others ’Since granted to 
them by the crown, and by long usage have erected and put down pro¬ 
per buoys and beacons in the channel of the said port: and whereas 
the entrance into the said port is, by the continual shifting and alteration 
of the sands, become very dangerous without the assistance of a skilful 
pilot, and many ships have of late years been endangered, owing to the 
negligence and ignorance of the persons who take upon them to conduct 
ships and vessels into and out of the said port; and the prices or rates 
of pilotage there are not at present settled by any law or charter: and 
whereas a proper regulation of the pilots at the said port, and the 
ascertaining of their rates or prices, would tend greatly to promote and 
encourage trade and navigation, and be of public utility, &c. 

Commissioners. —The Mayor, Recorder, Deputy Recorder, Aldermen, 
Town Clerk, and Common Council of the Borough of Boston aforesaid 
for the time being, together with sundry persons therein named, are 
nominated, constituted, and appointed commissioners for carrying this 
act into execution. § 1. 

General meeting to be held annually. —On the first Monday in the 
month of February in every year, in the Guildhall in the said borough. 
§ 2 - 

Commissioners to license pilots. —The said commissioners, or any five 
or more of them, (whereof the mayor for the time being, or his deputy, 
shall be one,) are to examine and inquire into the skill of every person 
who shall tender himself to be admitted as a pilot within the said port, 


BOSTON. 


261 


by the examination of witnesses upon oath, (which oath any one com¬ 
missioner is empowered to administer,) or by such other ways and 
means as to them shall seem proper; and if upon such examination 
the person so offering himself shall be approved of by the said com¬ 
missioners, he shall receive a licence containing his name, age, stature, 
complexion, and place of abode, and certifying that he is duly qualified 
to act as a pilot to conduct vessels into and out of the said port, which 
licence shall be subscribed with the proper hand-writing of five or more 
of the said commissioners; and from thenceforth such person shall be 
deemed duly qualified to exercise and follow the occupation and business 
of a pilot within the said port. § 5. 

Persons acting as pilots without licence. —If any person shall take 
upon himself to pilot any ship, vessel, or barge, into or out of the said 
port, without being licensed so to do, which licences the said commis¬ 
sioners are to grant, in writing, every person shall forfeit any sum not 
exceeding three pounds, nor less than twenty shillings. § 6. 

Exception for coal barges and vessels in distress. —Nothing to hinder 
the master of any barge not exceeding the burthen of thirty chaldrons 
of coals, Boston measure, (being sixteen metts, equal to thirty-six 
bushels, agreeable to the statute of the twelfth year of the reign of her 
late Majesty Queen Anne,) or thirty tons builder's admeasurement, from 
piloting such barge to and from the said port, or to subject such master 
to the penalty above-mentioned, or to hinder any person from assisting 
any ship, vessel, or barge, in distress, or to subject such person to any 
of the penalties in this act for so piloting or assisting. § 7. 

Rates of pilotage. —No greater or other rates of pilotage shall be 
demanded than the following; which several rates shall be paid into 
the hands of such person as the said commissioners shall appoint to 
receive the same, and at such place as they shall for that purpose nomi¬ 
nate and appoint for the receipt thereof. § 8. 

For the Table, see page 265. 

What to be paid for the hire of sloops, Sfc. —The commissioners to 
contract and agree with any person for the hire and use of two or more 
sloops for carrying the said pilots up and down the channels of the said 
port, and to appoint what part of the said rates shall be allowed lor the 
hire and use of the said sloops, and for the maintenance of men and 
boys to assist on board, and go in the said sloops, and for and towards 
the maintenance of such pilots as they shall consider as having become 
superannuated in the execution of their said office, &c. § 10. 

By-laws. —The commissioners to make such orders, rules, and by¬ 
laws, for the better regulation and government of the masters of ships 
&c. trading to and from the said port, and of the pilots so to be ap¬ 
pointed and licensed as aforesaid, and also from time to time to repeal 
or alter such orders, &c. as to them shall seem meet, and to fix reason¬ 
able pecuniary penalties, not exceeding five pounds, for the nonobserv¬ 
ance, nonperformance, or other breach of such orders; and to suspend 
any of the pilots who shall break such orders, &c. or omit any thing 
required by the same, or act in anywise contrary thereto; and if any 
pilot shall, (during the time of such suspension, after having had due 
notice of the same,) take upon himself to pilot any ship into or out of 
the said port, such pilot shall be liable to the penalty which is provided 
against unlicensed persons acting as pilots. §11. 

By-laws to be printed. —The commissioners shall cause the said 
orders, &c. and also a list of the pilots licensed, with the rates of pilot¬ 
age, to be from time to time printed and distributed, and likewise hung 


262 


PILOTAGE. 


up in some conspicuous place at the custom-house and market-cross in 
Boston; provided that the said orders, &c. be not contrary or repug¬ 
nant to the laws or statutes of the realm of Great Britain. § 12. 

If pilots misbehave , commissioners may vacate their licences , fyc .— 
In case any pilot shall refuse to take the charge of any of his Majesty’s 
ships, or of any ship or barge in the merchants’ service, or in case it 
shall appear to the commissioners that any such pilot shall have mis¬ 
behaved himself in the conducting of any ship or barge, or in the 
execution of any other part of his duty ; or if any such pilot shall refuse 
to obey the summons of the said commissioners requiring his appear¬ 
ance, or shall break or act contrary to such orders, &c. as the said com¬ 
missioners shall make in the premises, or in anywise offend against this 
act, then the said commissioners, upon examination thereof, are autho¬ 
rized to annul the licence granted to such pilot; and if any such person 
shall (after such declaration and notice thereof given to him in person, 
or left at his usual place of abode) act as a pilot within the said port, 
he shall be subject to the penalty inflicted on unlicensed persons acting 
as pilots. § 13. 

Pilots , though refused to be taken on board , to be paid their usual 
fees .—In case the master of any ship or barge, either inward or outward 
bound, shall refuse to take on board and employ a pilot who shall offer 
his service, such master shall pay the full pilotage according to the 
several rates hereinbefore directed to be paid, as if the said pilot had 
been received and employed in piloting such ship or barge into or out 
of the said port. § 14. 

Master to give the pilot true draught of ship, Sfc. —The master of 
every ship or barge shall give a true account to the pilot of the draught 
of water such ship or barge shall then draw ; and in case such master 
shall refuse so to do, or shall give an untrue account, he shall forfeit 
the sum of forty shillings; and in case of refusal, or if the pilot shall 
suspect the truth of the account given, he is authorized to mark such 
ship or barge, and when unloaded to lay her on shore in some proper 
place within the said port, and there to admeasure her; the expense 
whereof shall be paid by such master; but in case the said declaration 
shall upon such admeasurement appear to be true, then the expenses 
shall be paid by the collector to be appointed by virtue of this act out of 
the money in his hands arising from the rates,—if any dispute shall 
arise between the master and pilot concerning the expenses, the same 
shall be settled by the mayor or any justice of the peace for the said 
borough ; and if refused to be paid by such master, shall be levied and 
recovered, with all charges attending such levying and recovery; and in 
case the pilot shall be liable to pay the same, they shall (if refused to be 
paid by such pilot) be levied and recovered, with all charges, by dis¬ 
tress and sale of the goods of such pilot. § 15. 

Pilotage of ships outward-bound.— If any of the pilots shall be re¬ 
quested by the master, commander, owner, agent, or consignee of any 
ship or barge outward-bound, to take the charge of such ship, &c. it 
shall be lawful for such pilot, previous to his taking such charge, to 
demand a sufficient security from such master, &c. for the payment of 
such pilotage outward, according to the rates hereinbefore directed to be 
paid; and if such master, &c. shall refuse to give such security, then 
such pilot may refuse to pilot such ship or barge, and shall not be 
subject in respect thereof to any of the penalties inflicted by this act. 
§ 16 . 

On nonpayment of pilots' rates , the mayor , 8>c. may distrain.—In 


BOSTON. 


263 


case any owner or master, or any other person having' the command, 
agency, or consignment of any ship or barge, chargeable with the 
respective rates hereby directed to be paid, shall refuse to pay the same, 
then the mayor or any justice of the peace for the said borough, 
(and preferable to and notwithstanding any right of hypothecation, 
attachment, arrestment, or other right whatsoever, claimable by or due 
to any person whomsoever,) to seize and distrain any of the goods, 
guns, ropes, tackle, furniture, and apparel, belonging to any such ship, 
and the same to detain and keep until-the sum of money due for pilot¬ 
ing such ship or barge, and reasonable charges previous to and for 
taking such distress shall be paid ; and in case of any neglect or delay 
in payment of such sum of money, for the space of three days next after 
such distraining, the said mayor or justice may cause the same to be 
appraised by any two sufficient persons of the said borough, and after¬ 
wards to sell and dispose of the said goods so appraised, and thereout 
to satisfy the said rates, with all reasonable charges of such proceedings 
previous to and attending such distraining, appraising, and selling, 
rendering the said rates so due and unpaid to the pilot entitled thereto, 
and the overplus (if any there be after the said charges deducted) to 
the masters or owners, agents or consignees, upon demand. § 17. 

Mayor or justice to hear and determine offences. —The mayor for 
the time being, or any justice of the peace for the said borough, to hear 
and determine offences by this act made punishable by any pecuniary 
penalties, on any information exhibited within three calendar months 
after such offence committed, and may summon witnesses and recover 
the penalty, together with the costs and charges, by distress on the goods 
of the offender, and to cause sale to be made thereof in case they shall 
not be redeemed in three days. If no goods can be found, offender to 
be committed to gaol for three months. Penalties to be applied—one- 
half to the informer, the other to the commissioners. § 19. 

Penalties may be mitigated. —The mayor or justice may mitigate 
any pecuniary penalties where the same are fixed by this act, and not 
left to the discretion of the said mayor or justice, so as such mitigation 
do not extend to remit above one moiety of the penalty inflicted. § 20. 

Persons aggrieved may appeal to the sessions. § 21. 

Proceedings not to be quashed for want of form.—Form of convic¬ 
tion. § 22. 

Vessels departing without paying duties. —In case any ship or barge 
shall depart out of the port without the tonnage or duties being paid, 
then the collector of the said tonnage or duties shall give notice thereof 
to the collector of his Majesty’s customs, comptroller, receiver of entries, 
or their respective deputies, at the. port of Boston aforesaid ; and such 
collector, comptroller, receiver of entries, or their deputies, shall not 
after such notice take or receive any entry or cocket, or discharge or 
clearance, or take any report outwards for such ship, vessel, or barge, 
British or foreign, liable or subject to the payment of the said tonnage 
or duties, until double the tonnage or duties so left unpaid shall be 
paid to the collector of the said tonnage or duties. § 32. 

Extent of the harbour and haven , fyc. —For the purposes of this act, 
the harbour and haven of the borough and port of Boston shall be 
deemed to extend from the Grand Sluice in the borough aforesaid, to 
the place commonly called or known by the name of the Scalp or Scolf 


Heating pitch. —The penalty for heating pitch, tar, rosin, or grease, on board any 
vessel between the Grand Sluice and the Black Sluice is forty shillings. § 18. 



264 


PILOTAGE. 


aforesaid ; and that the said port shall be deemed to extend throughout 
and over all the limits of the admiralty jurisdiction of the said mayor 
and burgesses of the borough of Boston aforesaid. § 35. 

Saving for the Trinity-house of Kingston-upon-Hult and Newcastle. 
— Provided always and be it enacted, that nothing in this act contained 
shall extend to take away, abridge, defeat, impeach, or interrupt any 
grants, liberties, franchises, and privileges heretofore granted to, or 
which by any ancient usage and custom have from time to time been 
enjoyed and used by, the pilots of the Trinity-house of the town of 
Kingston-upon-Hull, or the Trinity-house of Newcastle upon-Tyne. 
§37. 

Distress not to be deemed unlawful for want of form, &c. § 40. 

Plaintiff not to recover if tender of amends be made. § 41. 

Limitation of actions, six months. § 42. 

No action shall be brought till after one month's notice. § 43. 


Mooring posts. —The extra rates fixed by the above act, for the use of the mooring 
posts, to be as follows. § 26. 

s. d. 

British ships and barges laden with coals, and delivering the samel q j 

within the port, per chaldron of Boston measure .J 

Ships, inwards or outwards, laden with any other kind of] 


}o 


goods, and delivering the same, per ton. 

Foreign ships to pay, not exceeding. 0 


If a ship departs from the port and the duties be not paid, the collector of the cus¬ 
toms not to receive any entry, or cocket or clearance, or take any report outwards for 
such ship, British or foreign, until double the duties left unpaid shall be paid. § 32. 
King’s ships exempted from duties. § 33. 







BOSTON. 


265 


TABLE OF RATES OF PILOTAGE FOR THE PORT OF 

BOSTON. 


British ships drawing when loaded under twelve, feet of) 
water , from High-horn, or from Boston and Toft to I 
the Scalp or Scolf, or from the Scalp or Scolf to[ 
High-horn, or Boston and Toft, the sum of per foot 
for every foot of water such ship, vessel, or barge shall 

then draw.. 

-from High-horn, or Boston and Toft, to 

Boston, or from Boston to High-horn, or Boston > 

and Toft, the sum of, per foot. . . . 

-drawing twelve feet of water or upwards, 

from High-horn, or Boston and Toft, to the Scalp or 
Scolf, or from the Scalp or Scolf to High-horn, or 

Boston and Toft, the sum of, per foot. 

•-from High-horn, or Boston and Toft, to 

Boston, or from Boston to High-horn, or Boston and 
Toft, the sum of, per foot for every foot of water such 

ship, vessel, or barge shall then draw. 

And so in proportion for half a foot of water in all the 
cases aforesaid, but no allowance shall be made for 
any number of inches not amounting to half a foot. 


British 
Ships. 
s. d. 


1 0 


1 6 

2 0 

3 0 


Foreign 

Ships. 

s, d. 

2 0 


3 0 

4 0 


6 0 


Additional. 

And for any vessel or barge to or from the buoy called 
the Knock-buoy, or to or from the buoy called the 
Gat-buoy, or to of from any place or places to the 
seaward of the said buoys; or to or from any place 
or places above the said buoys and below High horn 
or Boston and Toft, such additional sum or sums of 
money, either by the foot or in gross, as the said com¬ 
missioners shall appoint, as a fixed and certain pay¬ 
ment for the same. But such additional pilotage not 
to exceed one halfpenny per foot per mile. 

Foreign ships not to be charged with or pay more of 
such additional pilotage than the ships of his Majesty’s 
subjects of the like burthen are charged with. 

-not to pay more from Boston to the Knock- 

buoy, than is directed for the pilotage of vessels from 
Boston to High-horn, or Boston and Toft. 

If any pilot shall meet any ship, vessel, or barge, at or beyond the 
Knock-buoy, or at any intermediate distance between the said Knock- 
buoy and High-horn or Boston and Toft, and at the desire of the 
owner or master shall pilot the same to High-horn, or Boston and Toft, 
or other place of safety within the said port between the said Knock- 
buoy and High-horn, or Boston and Toft, the pilot shall have and re¬ 
ceive over and above the several fixed rates of pilotage, any sum not 
exceeding £‘3 3s., to be ascertained by the commissioners, in proportion 
to the benefit received, and the time and trouble of the said pilot: 
Provided that the commissioners shall not have ascertained and settled 
any fixed price to be paid for the pilotage beyond High-horn aforesaid, 
or Boston and Toft. § 9. 












206 


PILOTAGE. 


LYNN. 

( Separate Jurisdiction.) 

See 6 Geo. IV. c. 125. § 89. page 176. 

13 Geo. III. c. 30. 

An Act for the better Regulation and Government of the Pilots con dnct- 
ing Ships and Vessels to and out of the Port of King’s Lynn, and of 
the Bridgemen conducting Gangs of Lighters or Barges to and from 
the same; and for laying down Moorings in the Harbour of the said 
Port, and for preventing mischiefs by fire therein. 

Whereas the borough of Lenne Regis, commonly called King’s Lynn , 
in the county of Norfolk, is a very ancient borough, within the liberties 
whereof there are a Port and Harbour of the sea for importing and ex¬ 
porting merchandize ; and the Mayor and Burgesses of the said borough 
have by royal charter been a Corporation for two hundred years last 
past and upwards, and by certain letters patent, granted them by King 
James the First, dated the 19th day of November, in the second year 
of his reign, were constituted (and now are) admirals within the said 
borough, and the port, limits, and bounds thereof; and by virtue of 
the same letters patent, and others since granted to them by the crown, 
and by long usage, have erected and put down proper buoys and beacons 
in the channel of the said port, and appointed pilots for conducting 
ships and vessels into and out of the said borough and port, from and 
to a certain place called Saint Edmund’s Ness, otherwise Gore End , 
and from thence north and by west to another place or sand called 
Longsand, being the utmost bounds northwards of the said admiralty 
jurisdiction, and have also appointed other persons, commonly called 
bridgemen, to conduct gangs of lighters or barges into and out of the 
said borough and port, from and to a certain place called Staple Weere , 
being the utmost bounds southwards of the said admiralty jurisdiction : 
and whereas the channel from Gore End and the Longsand aforesaid to 
the said port or harbour of King’s Lynn, and from thence to Staple 
Weere aforesaid, is become a more difficult and dangerous navigation 
than heretofore for ships, vessels, and lighters, respectively using the 
same, and many ships have been wrecked, and lighters and barges sunk, 
by means of the large bodies of sand which often shift from place to 
place, and by means of the double-fluked anchors now used in the said 
harbour, and divers unskilful persons, without the licence or authority 
of the said mayor and burgesses, have often taken upon themselves to 
act as pilots and bridgemen for the conducting and guidance of ships, 
&c. to and from the said port, to the great hazard of such ships and 
their cargoes, and the lives of the persons on board the same, and to the 
obstruction of navigation : and whereas the flood and ebb tides in the 
said harbour run very rapid and strong, and the harbour opposite the 
town of late years is become much wider towards the south-west, so that 
when the ebb runs strong, and the wind blows hard at the same time, 
ships lying there are often driven from their moorings and sunk in the 
said harbour:—and whereas the powers and authorities vested in the 
said mayor and burgesses are found not sufficient or effectual to regu¬ 
late and govern the said pilots and bridgemen : and whereas the da¬ 
mages sustained in the harbour might, in a great measure, be prevented 


LYNN. 


2G7 


by laying down substantial anchors for public use, furnished with pro 
per rings, chains, and floats, commonly called harbour moorings, for 
the more effectual securing the ships and vessels riding in the said har¬ 
bour from driving on shore by violent storms of wind, by ragidg tides, 
by great land floods, or otherwise, &c. therefore— 

No person to pilot ships without licence. —If any person shall take 
upon himself to pilot any ship, or any gang of lighters or barges, into 
or out of the said port of King’s Lynn, or between Saint Edmund’s 
Ness , otherwise Gore End , and Steeple Weere , without being licensed 
so to do by the mayor and burgesses for the time being, (which licences 
the mayor and burgesses are empowered to grant under their common 
seal,) every person shall forfeit any sum not exceeding three pounds, 
nor less than twenty shillings. § 1. 

No pilot to be licensed unless approved by twelve shipmasters. —The 
mayor and burgesses shall not license any persons to be pilots, unless 
such persons shall have first obtained the recommendation in writing 
of twelve masters or commanders of ships of the burthen of one hun¬ 
dred tons and upwards, trading to and from the said port, (not more 
than two of such masters or commanders being masters or commanders 
of ships belonging to one merchant or owner,) certifying the ability and 
skill of such persons to pilot ships to and from the said port. § 2. 

Certain vessels need not be piloted .—Not to subject to the said penalty 
the master of any ship, not exceeding the burthen of thirty chaldrons of 
coals, Lynn measure, or thirty tons, builder’s admeasurement, from 
piloting such ship to and from the said port, nor any person from 
assisting any ship or gang of lighters or barges in distress. § 3. 

Rates of pilots. —For the preventing exorbitant demands being made 
by any pilot or pilots, no greater shall be demanded or taken by such 
pilot than what are hereinafter mentioned. § 4. 

For the Table, see page 269. 

What part of the pilotage shall be paid for the hire of sloops. —The 
commissioners to appoint what part of the rates of pilotage shall be 
allowed and paid by the said pilots to such persons as the commission¬ 
ers shall appoint to receive the same, for the hire and use of two or 
more sloops for the carrying such pilots up and down the channel of 
the said port, and for the maintenance of boys to assist on board and go 
in the said sloops, and for and towards the maintenance of the super¬ 
annuated pilots. § 7. 

Bridgemen’s pilotage. —The commissioners are authorized to appoint 
what rates shall be demanded and taken by bridgemen, for the conduct¬ 
ing of gangs of lighters or barges down to or from the said port; and 
that no greater or other rates or prices shall be demanded or taken than 
what shall be so ascertained and appointed. § 8. 

Commissioners. —The Mayor, Recorder, Aldermen, and Common 
Council of the Borough of King’s Lynn aforesaid, for the time being, 
together with sundry persons mentioned by name, owners or com¬ 
manders of vessels trading to and from the said port, shall be commis¬ 
sioners for carrying this present act into execution. 

Annual meetings. —And a general meeting of the said commissioners 
shall be held on the third Friday in the month of January in every 
year, at the Guildhall in the said borough. § 9. 

By-laws. —The commissioners to make by-laws, &c. §11. This 
clause is the same as that at page 261. 

The by-laws to be printed. —And likewise hung up in some con¬ 
spicuous place at the Custom-house, Town Dues Office, and Meters’ 


268 


PILOTAGE. 


Office, in King’s Lynn. Not to be contrary or repugnant to the laws 
of the realm of Great Britain. § 1*2. 

Pilots, bridgemen , misbehaviour subject to 'penalty .—In case any 
pilot shall refuse to take the charge of any of his Majesty’s ships, or of 
any ship in the merchant’s service, and in case any bridgeman shall re¬ 
fuse to take the charge of any gang of lighters or barges, or in case it 
shall appear to the commissioners that any pilot or bridgeman shall have 
misbehaved himself in the conducting of any ship or gang of lighters, 
or in the execution of any other part of his duty as pilot or bridgeman; 
or if any pilot or bridgeman shall refuse to obey the summons of the 
said commissioners, requiring his appearance, or shall break or act 
contrary to such orders, as the commissioners shall make in the pre¬ 
mises, or in anywise offend against this act, then the said commissioners 
upon examination thereof are authorized to annul the licence granted 
to such pilot or bridgeman; and if any such person shall (after such 
declaration and notice thereof given to him or them in person, or left at 
his or their usual place of abode) act as a pilot or bridgeman within the 
said port, or the limits afore mentioned, he shall be subject to the penalty 
inflicted by this act on unlicensed persons acting as pilots or bridge- 
men. § 13. 

Pilots offering to conduct vessels and refused, are notwithstanding 
to be paid. § 14. This clause being verbatim the same as a similar 
clause in the preceding act, it is needless to reprint it here, and the 
reader is requested to turn to page 262. 

Master to give the pilot the true draught of the ship. § 15. See page 
262. 

Pilotage of ships outward-bound. § 16. See page 262. 

On nonpayment of pilots or bridgemen’s rates, the mayor, &c, may 
distrain. §17. See page 262. 

Mayor, &c. to determine offences. § 18. See page 263. The only 
difference between these clauses is that the information must be laid in 
two months. 

Persons aggrieved may appeal to the next general quarter session, 
but must enter into recognizance to prosecute the appeal. § 20. 

Proceedings not to be quashed for want of form. §21. 

If a ship departs the port before the duties are paid, the custom-house 
officers shall not give her a clearance. § 28. See page 263. 

Distress not to be deemed unlawful for want of form. Tender of 
amends may be made. § 32. 

Limitation of actions, six months, and twenty days’ notice to be 
given. § 33. 


Heating pitch. —Penalty for heating, &c. pitch, &c. on board any ship in the port 
is forty shillings. § 18. 

Mooring posts. —The charges are the same as those for Boston, see page 2C4, but 
are to be paid whether the goods be discharged or not. § 23. 



LYNN. 


269 


TABLE OF RATES OF PILOTAGE FOR THE PORT OF 

LYNN. 


British 

Ships. 

s. d. 

British ships drawing when loaded not more than 101 

feet of water, the sum of per foot for every foot of > 1 6 

water such ship shall then draw. . J 

-drawing more than 10 feet, but not morel ^ g 

than 12 feet of water, per foot.j 

-drawing more than 12 feet, but not morel ^ p 

than 14 feet and an half of water, per foot.j 

•-drawing more than 14 feet and an half ofl ^ ^ 

water, per foot. J 


F oreign 
Ships. 

s. d. 
3 0 

3 6 

4 0 

5 0 


And so in proportion for half a foot of water in all and 
every of the cases aforesaid, but no allowance shall be 
made for any number of inches not amounting to 
half a foot. 


Extra. 


In case any ship shall not be got to the place of her 1 
delivery the same tide she arrives at the Dolphins, 
the pilot shall pilot or procure her to be piloted by 
some other licensed pilot to the place of her delivery, 
and shall receive for every tide he shall be so em¬ 
ployed, over and above the said rates or prices of 
pilotage. 


2 


6 


5 0 











270 


PILOTAGE.—YARMOUTH DISTRICT. 


{Jurisdiction of the Trinity House , Deptford, seepage 154.) 

NORTH CHANNEL PILOTS upwards, from ORFORDNESS 

to LONDON. 

N.B.—Some of the pilots within this district are licensed from the 
Dudgeon light-vessel to Orfordness, and thence to the Downs: others 
from Smith’s Knoll to Orfordness: others from Lowestoft to Orford¬ 
ness : and others again from Orfordness across to the Downs. But the 
taking pilots along the coast , to the northward of Orfordness, is 
optional to masters of vessels; though, if a pilot is employed, he must 
be one that is licensed as above, if one offers. 


Table of the Rates of Pilotage, for piloting Ships within, the Yarmouth 

District. 

For ships above 14 feet draught of water :— 


From 


To 


£ s. d. 


The Dudgeon Light, 
its parallel of lati¬ 
tude, or the North¬ 
ward thereof, and 
vice versa . 

Yarmouth,and vice versa. | 

Yarmouth Roads. 

Sea.| 

Smith’s Knoll, and vice j 
versS.j 

Orfordness.| 


Orfordness ... 

Yarmouth Roads, either within or") 
without the Sands.. j 

Downs. 

Orfordness.. 

Downs .. 

Sea, through the Cockle Gat,) 
St. Nicholas Gat, or over the > 
Stanford. J 

Yarmouth Roads through any of) 
the Channels. J 

Orfordness. 

The Entrance of the Gatways) 
leading into Yarmouth Roads . j 

The Entrance of the Gatways") 
leading into Yarmouth Roads . j 


10 10 0 
7 7 0 

21 0 0 

5 5 0 
16 16 0 

3 3 0 

5 5 0 

5 5 0 
3 3 0 

3 3 0 


For ships of 14 feet draught of)™ „ , , 

water and under .jTwo-thirds of the above rates. 

























PILOTAGE.—YARMOUTH DISTRICT. 


271 


(Jurisdiction of the Trinity House, Deptford , see page 154.) 


Into and out of the Harbours of Yarmouth or Southwold. 


For all laden Ships. 




£ 

s , 

d. 

Of above 50 

and not exceeding 60 

Tons 1 

1 

0 

60 

. 70 

. .. . 1 

4 

0 

70 


. . . . 1 

6 

0 

80 

.. 90 

.... 1 

8 

0 

90 

. 100 

. .. . 1 

10 

0 

100 


. .. . 1 

13 

0 

110 

. 120 

. 1 

J 6 

0 

120 

.. 130 

... . 2 

0 

0 

130 

. 140 

.... 2 

4 

0 

140 

. 150 

. ... 2 

8 

0 

150 

. 175 

. .. . 2 

15 

0 

175 

.200 

. . .. 3 

0 

0 


Ships in ballast. One-third ditto. 

Ships returning into port by distress ofj 

weather, contrary winds, or on account >Two-thirds ditto. 

of accident. J 

Ships not having British registers, are to pay one-fourth more of the 
rates of pilotage than stated in the above table. See Exemptions, 
page 183. 


Table of the rates of Pilotage , for piloting Ships into and out of 
Harwich Harbour. 


From 

To 

Under 

10 to 

13 Feet & 

10 Feet. 

13 Feet. 

upwards. 



£ s. d 

£ s. d. 

£ s. d. 

Sea or Orforduess. 

Harwich Harbour 

2 2 0 

3 3 0 

4 4 0 

The Rolling! 

Grounds.. j 

Harwich Harbour 

1 1 0 

1 11 6 

2 2 0 

r 

Sea or Orfordness 

1 11 6 

2 2 0 

3 3 0 

Harwich Har- ! 





hour.J 

The Rolling! 
Grounds.. f 

Two-thirds of the above. 


Ships not having British registers are to pay one-fourth more of the 
rates of pilotage, than stated in the above table, to be paid at the Cus¬ 
tom-house, Harwich. See Exemptions, page 183. 


























27 2 


PILOTAGE.—COLCHESTER. 


(Jurisdiction of the Trinity-house, Deptford, see page 154.) 


Table of the Rates of Pilotage, for piloting Ships into and out of the 
Port of Colchester. 

s. d. 

From Eastness to Pyefleet, j 

per foot of the draft of water? 1 3 

of the vessel so piloted . . J 


From Pyefleet to Wivenhoe, 

per foot of such draft, of water] 


1 6 


Table of the Rates of Pilotage, for piloting Ships into and out of the 
Port of Maldon. 


From Eastness to Stansgate, 'j 

per foot of the draft of water? 1 
of the vessel so piloted .. . J 


d. 

6 


From Stansgate to Maldon, 

per foot of such draft of water 


3 


The outward pilotage is to be in all cases the same as the inward 
pilotage. 

Ships not having British registers are to pay one fourth more of the 
rates of pilotage than above stated , which additional sum is to be paid 
at the Custom-house. See Exemptions, page 183. 

The pilots are to cruize between Eastness and a line drawn 
Harwich Naze Tower to the Buoy of the Gunfleet; and if any 
shall be required to take charge of any vessel to the eastward of 
ness, he is to be paid one shilling for every mile he shall conduct 
vessel to the eastward thereof, not exceeding the above-mentioned 


from 

pilot 

East- 

iS 1 


PILOTS AND PILOTAGE. 


273 


OF PILOTAGE IN THE ROYAL NAVY. 

By the regulations in the Royal Navy, pilots are to be treated with 
good usage, and in equal respect with p r arrant-officers. 

The purser is to provide bedding for them, and they are to have 
hammocks provided for them, and a convenient berth near their duty, 
and separate from the common men. 

A pilot conducting one of his Majesty’s ships has the sole charge and 
command of her, and may give orders for steering, setting, or bending 
sails, bracing the yards, putting the ship in stays, or any other acts 
that concern the navigation of the ship; and all the proper officers and 
crew are to obey him ; but the captain is to observe the conduct of the 
pilot, and may remove him from the command for misconduct , noting 
in the log-book the exact hour when the pilot was removed , and the 
reasons for it. 

Pilots in foreign ports are to be paid by the naval officer, if any, 
upon certificate from the captain; or else by the captain. 

Foreign pilots are to be paid by the captain according to the 
established rates of the country. 

Of ships bound out of the Thames, or from the Nore, the captain is 
to apply to the navy-board for a pilot, and not to employ any but such 
as are sent to him fiy the Trinity-house ; but when a ship is to depart 
from the Downs to the Thames or Medway, he is to employ one belong¬ 
ing to the society of pilots at Dover. 

Captains are not to *ake pilots unnecessarily, nor bear them longer 
than is necessary; and, when discharged, to give them certificates. 

When the constant attendance of a pilot is required on board, he is 
to be so rated on the books, and borne within the complement. 

The master or mate (with the captain’s consent) may act as pilot, if 
none other can be gotten; and, for encouragement, shall have half a 
pilot’s allowance. 

Pilots are not to be taken to sea, except in cases of necessity, and 
how to be paid, see page 240. 

In the following Table of the Rates of Pilotage in the Royal 
Navy, the number of days given are understood to be for the full voyages 
out and home; and half the allowance for carrying a ship out is made 
to the pilot for bringing her back : but if the pilot do not bring the 
ship back, then only two-thirds of the time mentioned in the table is to 
be taken for performing the trip out; and, if he happen to be longer 
on board than the time allotted for the trip, he is to be allowed 6s. per 
day for his attendance, for the remaining part of such time, or else 
cruising-pay, according to the table, ,rf the ship happen to be then 
cruising. 

Pilots sent, by order of the Trinity-house, to the Nore or other 
distant places, are to be allowed their travelling charges ; and if they 
are put ashore at a greater distance than the Downs, they are to be 
allowed their travelling charges back, provided they have made only 
one single trip. 

When it happens that a pilot continues so long on board a ship, to 
perform any service mentioned in the table, as that his allowance for 
the trip would not amount to 6s. per day, he is, nevertheless, to be 
allowed 6s. per day, for the whole time he remains on board. 

T 


RATES OF PILOTAGE IN THE ROYAL NAVY OF GREAT BRITAIN. 


•274 


RATES OF PILOTAGE—ROYAL NAVY 


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RATES OF PILOTAGE.—ROYAL NAVY. 


275 


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RATES OF PILOTAGE—ROYAL NAVY 


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277 


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Six shillings per day allowed all pilots on shore or on board, while waiting (by order) before they take charge of any of his Majesty’s ships. 
































































PILOTS AND PILOTAGE. 


273 


QUARANTINE INSTRUCTIONS AND REGULATIONS 

FOR PILOTS. 

Approved by Order of the Lords of the Privy Council, dated the 7th 

June, 1827. 


All vessels coming from any of the following places are, with their cargoes and all 
persons on board thereof, to be considered as liable to perform quarantine, viz.— 

1 st.—From the Mediterranean. 

2nd.—From the West Barbary on the Atlantic Ocean. 

3rd.—From any port or place in Europe without the Streights of Gibraltar, (except 
Bordeaux,) having on board any of the following articles, viz.— 

Cotton wool, 

Silk, 

Carpets, 

Ostrich feathers, 

Sponges, 

Cotton yarn, 

Mohair yarn, 

unless the master shall produce to you a certificate or declaration on oath made by the 
owner, shipper, or consignee, (or by some person authorized by any one of them,) 
attested by the British consul, or vice-consul at the port of shipment; or if there shall 
be no consul, or vice-consul, by two known British merchants; in which certificate or 
declaration it shall be stated, either negatively, that the said articles are not the 
growth, produce, or manufacture of Turkey, or of any place in Africa within the 
Streights of Gibraltar, or in the West Barbary on the Atlantic Ocean, or affirmatively 
that they are the growth, produce, or manufacture of some other country. 

Vessels having on board any cotton or linen rags are also liable to quarantine, unless 
a certificate be produced to show that such rags have been washed, or otherwise 
cleaned or purified. 

4th.—From any other port or place from whence his Majesty, by and with the ad¬ 
vice of his privy council, shall hereafter adjudge and declare it probable that the plague 
or any other infectious disease or distemper highly dangerous to the health of his sub¬ 
jects may be brought. 

5th.—From any port or place whatever if arriving under any alarming or suspicious 
circumstances as to infection. 


Article I. 

On boarding any vessel coming from foreign parts the master is to give you, as re¬ 
quired by law, a written paper, containing a true account of the names of the placo 
and country at which such vessel shall have loaded, and also of all the places at which 
she shall have touched on the homeward voyage, on pain of forfeiting the sum of one 
hundred pounds ; and if any proclamation or order of his Majesty in council shall have 
been made since the departure of the vessel from the United Kingdom, or the Islands 
of Guernsey, Jersey, Alderney, Sark, or Man, and shall be then in force, subjecting 
the vessel to the performance of quarantine, you are required immediately to give notice 
thereof to the master on forfeiture of the sum of one hundred pounds for any neglect 
therein; and the master is thereupon required to hoist the proper signal, and proceed 
under your care to the proper quarantine station. 

Article II. 

I f the vessel shall not be liable to quarantine in respect to the place from whence 
such vessel comes, the master is to give you a written paper, containing a true account 
of the different articles composing the cargo of such vessel, on pain of forfeiting the 
sum of fifty pounds. 





PILOTS AND PILOTAGE. 279 

And if the vessel shall have on board any of the articles hereinbefore enumerated, 
you are immediately to give notice thereof to the master on pain of forfeiting one hun¬ 
dred pounds for any neglect therein, and direct him to hoist the proper signal ; and you 
are then to conuuct the vessel to the proper quarantine station. 

You will also observe that any vessel which in the course of her voyage has touched 
at any port or place in the Medi erranean or the coast of Africa on the Atlantic Ocean, 
and has afterwards been admitted to free pratique or entry at any port or place in 
Europe outside the Streights or in America, is not liable to quarantine unless from 
having enumerated goods on board without the necessary certificates or declarations, 
or from having arrived under some suspicious circumstances as to infection. 

Article III. 

You are not to conduct any vessel liable to the performance of quarantine into any 
place which is not appointed for the reception of vessels so liable, unless compelled 
thereto by stress of weather, adverse winds, or accidents of the seas, of which you as 
well as the master of such vessel are to give satisfactory proof on oath, on pain of 
forfeiting the sum of two hundred pounds. 

Article IV. 

You are, on being required by any officer of the customs authorized to act in the 
service of quarantine, to bring-to any vessel you may have in charge, to the end that 
the master may be interrogated by such officer ; and if you shall neglect or refuse to 
bring-to such vessel, as soon as it can be done with safety, in obedience to such requi¬ 
sition, you shall for every such offence forfeit the sum of one hundred pounds. 

40 

Article V. 

You are to remain on board the vessel in which you are acting as pilot when liable 
to quarantine, in the same manner as any of the officers, crew, or passengers ; and not 
to quit it before or after the arrival, either by going on shore, or by going on board 
any other vessel or boat with intent to go on shore, until the vessel is regularly dis¬ 
charged from quarantine, unless by permission of the superintendent of quarantine. 
Oil forfeiture of the sum of three hundred pounds, and six months imprisonment. 


. 




• '-.r-:.. <;> /c 











• n -i'l ■ 

■ 



























" 




QUARANTINE LAWS. 


281 


CHAPTER VI. 


QUARANTINE. 

Quarantine is that space of time (usually forty days, as the term 
manifestly implies) which ships, persons, and goods are restricted from 
intercourse with the shore, on arriving from places infected with the 
plague, or other infectious disease or distemper; or having held com¬ 
munication with ships coming from such places, or on board of which 
any infectious disease may have appeared during the voyage. 

The public health is of the highest importance; of such common 
concern, indeed, is the health of large and trading communities, that 
the chief magistrates (says Blackstone) have the guardianship of the 
public health, and are empowered to issue such ordinances as may be 
deemed necessary, either to prevent the introduction of infection from 
neighbouring or remote countries—or for separating those actually in¬ 
fected by removal, or by cutting off communications with their abode. 

It is with these views that the following law has been established, 
and great labour and pains were taken by parliament to combine the 
best precautions with the least oppressive and most effective regulations. 

Previous to the present law the expences attending the quarantine 
establishments had been borne by the ship owners, and the pro¬ 
prietors of the goods imported ; but as the subject had been taken 
up on public grounds, it was judged proper that the expence should 
be borne by the country at large, whose general security was the 
great point in consideration, and therefore all duties, called 
“ Quarantine Duties ,” were repealed. With the similar intention 
the fee of <£5. 14s. 6d. formerly charged for orders for releasing 
ships from quarantine, was directed by the Lords of the Treasury 
and the Privy Council to be no longer paid after the 1 January, 
1832. 


6 Geo. IV. c. 78. 

An Act to repeal the several laws relating to the performance of 
quarantine , and to make other provisions in lieu thereof. 

The former acts relating to quarantine repealed. —From and after 
the 1st day of June, 1825, all and every act, and all parts of acts of 
the parliament of Great Britain and Ireland respectively, and of the 
parliament of the United Kingdom, relating to the performance of 
quarantine , or relating to the charging any duty or duties upon vessels 
which may be liable to, or have performed quarantine , shall be re¬ 
pealed. § l. 

fVhat vessels shall be liable to quarantine. —From and after the 1st 
day of June, 1825, all vessels (as well his Majesty’s ships of war as 
others) coming from or having touched at any place from whence his 
Majesty, with the advice of his privy council, shall have adjudged it 



28:2 QUARANTINE LAWS. 

probable that the plague or other infectious disease highly dangerous to 
the health of his Majesty’s subjects may be brought,—and all vessels 
and boats receiving any person, goods, wares, and merchandise, pack¬ 
ets, packages, baggage, wearing apparel, books, letters, or any other 
article whatsoever, from or out of any vessel so coming from or having 
touched at such infected place,—(whether such persons, goods, wares, 
and merchandise, packets, packages, baggage, wearing apparel, books, 
letters, or other articles, shall have come or been brought in such 
vessels, or such persons shall have gone, or articles have been put on 
board the same, either before or after the arrival of such vessels at any 
port or place in the United Kingdom, or the islands of Guernsey, 
Jersey, Alderney, Sark, or Man, and whether such vessels were or 
were not bound to any port or place in the United Kingdom, or the 
islands aforesaid,)—and all persons, goods, wares, and merchandise, 
packets, packages, baggage, wearing apparel, books, letters, or any 
other article whatsoever on board of any vessels so coming from or 
having touched at such infected place, or on board of any such receiv¬ 
ing vessels or boats,—shall be liable to quarantine within this act, and to 
any orders made by his Majesty, with the advice of his privy council, 
concerning quarantine and the prevention of infection, from the time of 
the departure of such vessels from such infected place, or from the time 
when such persons, goods, wares, merchandise, packets, packages, 
baggage, wearing apparel, books, letters, or other articles, shall have 
been received on board ;—and all such vessels and boats, and all persons, 
(as well pilots as others,) goods, wares, and merchandise, and all other 
articles as aforesaid, whether coming or brought in such vessels or boats 
from such infected place, or going or being put on board the same, 
either before or after the arrival of such vessels or boats at any port in 
the United Kingdom, or islands aforesaid, and all persons, goods, wares, 
and merchandise, and other articles aforesaid, on board such receiving 
vessel or boat, shall, upon their arrival at any such port, be obliged to 
perform quarantine in such place, lor such time, and in such manner as 
shall be directed by his Majesty, by his order or orders in council, 
notified by proclamation, or published in the London Gazette:—and 
until such vessels and boats, persons, goods, wares, and merchandise, 
and other articles aforesaid, shall have respectively performed, and shall 
be duly discharged from quarantine, no such person, goods, wares, or 
merchandise, or other articles a resaid, shall, either before or after the 
arrival of such vessels or boats at any port in the United Kingdom, or 
the islands aforesaid, come or be brought on shore, or go and be put on 
board any other vessel or boat, in order to come or be brought on shore 
in any such port, although such vessels so coming from such infected 
place may not be bound to any port in the United Kingdom, or the 
islands aforesaid, unless in such manner and in such cases, and by such 
licence as shall be directed or permitted by such order, made by his 
Majesty in council;—and all such vessels and boats, whether coming 
from such infected place, or being otherwise liable to quarantine, and 
all persons, (as well pilots as others,) goods, wares, and merchandise, 
and other articles aforesaid, whether coming or brought in such vessels 
or boats, or going or being put on board the same, either before or after 
the arrival of such vessels or boats at any port in the United Kingdom, 
or the islands aforesaid, and although such vessels or boats shall not be 
bound to any port in the United Kingdom, or islands aforesaid ; and all 
commanders, masters, or other persons, having the charge or command 
of any such vessels or boats, whether coming from any infected place, 


QUARANTINE LAWS. 283 

or being * 1 otherwise liable to quarantine, shall be subject to all provisions, 
rules, regulations, and restrictions contained in this act, or in any 
orders made by his Majesty in council concerning quarantine and the 
prevention of infection, and to all the pains, penalties, forfeitures, and 
punishments contained in this act, for any breach or disobedience 
thereof, or of any orders in council. § 2* 

Power for privy council to order vessels coining from America or the 
IVest Indies, when the yellow fever prevails there , to go to certain places 
without being liable to quarantine .—It shall be lawful for his Majesty, 
by order in council, or for the lords or others of his privy council, or 
any two or more of them, by their order from time to time, as often as 
they may see reason to apprehend that the yellow fever, or other highly 
infectious distemper, prevails on the continent of America, or in the 
West Indies, to require that every vessel coming from or having 
touched at any port on the continent of America or in the West Indies, 
shall come to an anchor at certain places to be appointed by the com¬ 
missioners of customs, (who are authorized to make such appointment,) 
for the purpose’of having the state of health of the crew ascertained 
before such vessel shall be permitted to enter the port whereto she shall 
be bound, or any other port of the United Kingdom ; but such vessel 
shall not be deemed liable to quarantine unless it shall be afterwards 
specially ordered under that restraint. § 3. 


* Council-Office, Whitehall, 
March 1, 1827. 

Sir, —The lords of his Majesty’s most honourable privy council having had 
under consideration a letter from Mr. Barrow, secretary to the Admiralty, dated 27th 
ult., enclosing a correspondence between admiral Sir James Saumarez and the collec¬ 
tor of customs at Plymouth, relative to two of his Majesty's ships, the “Windsor 
Castle ” and “ Ocean,” from Lisbon, having been placed under the restraint of qua¬ 
rantine ; the “ Windsor Castle,” for having touched at Gibraltar before her arrival at 
Lisbon; and the “ Ocean,” in consequence of having had communication with the 
Windsor Castle : and their lordships being of opinion that the officers of customs at 
Plymouth have put a wrong construction upon the words of the second section of the 
act 6 Geo. IV. c. 78. (Lisbon having been the last port from which the Windsor Castle 
sailed, without touching at any place, or having had any communication to render her 
liable to quarantine since her departure from that port,) I am directed to state the same 
to you for the information of the commissioners of customs, and to desire that they 
may give instructions to their officers at Plymouth not to place any men of war, in 
future, under the restraint of quarantine, coming from any port or place in Europe, 
without the Straits, at which she had been admitted to free pratique, although she had 
previously come from, or touched at, any port declared liable to quarantine, by order 
in council, (unless from the existence of sickness among the crew, or some other suffi¬ 
ciently suspicious circumstances.) 

I am also directed to state that the same regulation will apply to Merchant Vessels 
under the same circumstances, not having enumerated goods on board, or having 
enumerated goods on board with the required certificates or declarations to prove that 
such goods are not the produce of Turkey or Africa, or that they have performed qua¬ 
rantine in one of the lazarets declared competent by his Majesty’s order in council. 

I am, Sir, 

Your most obedient servant, 


C. C. GREVILLE. 



284 QUARANTINE LAWS. 

Powsr to lord-lieutenant, where the urgency of the case requires, to 
give directions, by proclamation, where vessels shall perform quaran¬ 
tine, fyc. —It shall be lawful for the lord-lieutenant, or other chief 
governor of Ireland, by his orders, made by the advice and consent of 
his Majesty’s privy council in Ireland, and notified by proclamation, 
to give directions, where the urgency of the case shall require, as to 
the place, and as to the time and manner in which ships and vessels 
arriving, and persons, goods, and merchandises coming or imported 
into any port in Ireland, shall make their quarantine, in pursuance of 
this act; and that until such ships, vessels, persons, goods, and mer¬ 
chandises shall have respectively performed and been discharged from 
such quarantine, it shall be lawful for any such persons, goods, or 
merchandises, to come or be brought on shore, or to go or be put on 
board any other ship or vessel in any place in Ireland, in such cases, 
and by such licence as shall be directed or permitted by any orders to 
be made by the lord-lieutenant, by the advice and consent of the privy 
council there, and notified as aforesaid; and all such ships and ves¬ 
sels, and the persons or goods coming or imported in, or going and 
being put on board such ships or vessels, and all ships, vessels, boats, 
and persons receiving any goods or persons out of the same, and all 
persons going on board any such ship or vessels, shall be subject to 
such orders, concerning quarantine and the preventing infection, as 
shall be made by the lord-lieutenant in council, and shall be notified 
by proclamation as aforesaid, in pursuance of the provisions in this 
act; and the publication in the Dublin Gazette of any orders of the 
lord-lieutenant and council, shall be deemed to be sufficient notice to 
all persons concerned, of all matters contained in such orders. § 4. 

Goods and vessels specified in any order of council subject to quaran¬ 
tine. —And “ as certain sorts of goods are more especially liable to 
retain infection, and may be brought from places infected into other 
countries, and from thence imported into the United Kingdom, or 
the islands aforesaidit is enacted, that all such goods and merchan¬ 
dise as shall be particularly specified in any orders made by his 
Majesty in council, which shall be brought or imported into any port 
in the United Kingdom, or the islands aforesaid, from any foreign 
country, in any vessel whatever, and the vessels in which the same 
shall be brought, and also all vessels which shall arrive from any port 
whatever, under any alarming or suspicious circumstances as to infec¬ 
tion, shall be subject to such regulations and restrictions as shall be 
made by such orders in council as aforesaid. § 5. 

The privy council may make such order as they shall think neces¬ 
sary upon emergencies. —It shall be lawful for the lords of the privy 
council, or any two or more of them, to make such order as they shall 
see necessary upon any unforeseen emergency, or in any particular 
case, with respect to any vessel arriving and having any infectious 
disease or distemper on board, or on board of which any infectious 
disease or distemper may have appeared in the course of the voyage, 
or arriving under any other alarming or suspicious circumstances as 
to infection, although such vessels shall not have come from any place 
from which his Majesty, with the advice of his privy council, may have 
adjudged it probable that the plague or any such infectious disease 
may be brought, and also with respect to the persons, goods, wares, 
and merchandise, and other articles as aforesaid on board the same ; 
and in case of any infectious disease appearing or breaking out in the 
United Kingdom, or islands aforesaid, to make such orders and give 


QUARANTINE LAWS. 2S5 

such direction, in order to cut off all communication between any per¬ 
sons infected and the rest of his subjects, as shall appear to the said 
lords, or any two or more of them, to be necessary, and likewise to 
-'make such orders as they shall see fit, for shortening the time of qua¬ 
rantine to be performed by particular vessels or particular persons, 
goods, wares, merchandise, or other articles, or for absolutely or con¬ 
ditionally releasing them from quarantine ; and all such orders shall 
be as effectual, as well with respect to the commander, master, or 
other person having the charge of any vessel, and all other persons on 
board, as with respect to any other person having any intercourse with 
them, and to the penalties, forfeitures, and punishments to which they 
may become liable, as any orders made by his Majesty, with the 
advice of his privy council, concerning quarantine, notified by procla¬ 
mation or published in the London Gazette. § 6. 

Regulations for vessels in which infection shall appear within or 
without the Straits of Gibraltar. —If the plague, or such other infec¬ 
tious disease as aforesaid, shall appear on board any vessel within or 
without the Straits of Gibraltar, then the commander, master, or 
other person having the charge or command thereof, shall immediately 
proceed to such place as his Majesty, with the advice of his privy 
council, shall direct; where being arrived, he shall make known his 
case to some officer of the customs, who shall with all possible speed 
send intelligence thereof to the commissioners of customs in London, 
to the end that such precautions may be used to prevent the spreading 
of the infection, as the case shall require; and the said vessel shall 
there remain until directions shall be given thereto by the lords of 
privy council, or any two or more of them ; nor shall any of the crew 
or passengers on board go on shore; and such master and every other 
person on board such vessel shall obey such directions as he shall 
receive from the lords of privy council, or any two or more of them; 
and the said commander, master, or any other person on board, who 
shall not act conformably to the provisions herein directed, or shall 
act in disobedience to such directions, shall forfeit the sum of 
£100. § 7. 

Masters of vessels, liable to quarantine , to make signals on meeting 
other vessels at sea. —Every commander, master, or other person having 
the charge of any vessel liable to quarantine, shall, at all times, when 
such vessel shall meet with any other vessel at sea, or shall be within 
two leagues of the coast of the United Kingdom, or the islands of 
Guernsey, Jersey, Alderney, Sark, or Man, hoist a signal to denote 
that his vessel is Liable to quarantine, which signal shall in the day 
time, if the vessel shall have a clean bill of health, be a large yellow flag, 
of six breadths of bunting, at the main topmast-head, and if such vessel 
shall not have a clean bill of health, then a like yellow flag, with a 
circular mark or ball, entirely black, in the middle thereof, whose 
diameter shall be equal to two breadths of bunting; and in the night 
time the signal shall in both cases be a large signal lantern with a 
light therein, (such as is used on board his Majesty’s ships of war,) at 
the same mast-head ; and such commander, master, or other person, 
shall keep such signals hoisted during such time as the said vessel shall 
continue within sight of such other vessel, or within two leagues of 
the said coast or islands, and while so in sight, or within such distance, 
until such vessel liable to quarantine shall have arrived at the port 
where it is to perform quarantine, and until it shall have been legally 


286 


QUARANTINE LAWS. 

discharged from the performance thereof; on failure whereof such 
commander, master, or other person, shall forfeit <£100. § 8. 

Masters of vessels to hoist certain signals when plague or infectious 
disease on board. —Every commander, master, or other person having 
the charge of any vessel on board whereof the plague or other infec¬ 
tious disease highly dangerous to the health of his Majesty’s subjects 
shall actually be, shall at all times when such vessel shall meet with 
any other vessel at sea, or shall be within two leagues of the coast of 
the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, 
or Man, hoist a signal to denote that his vessel has the plague or other 
infectious disease, which signal shall be in the day time a flag of yellow 
and black, borne quarterly, of eight breadths of bunting, at the main top¬ 
mast-head ; and in the night time, the signal shall be two large signal 
lanterns, commonly used on board ships of war, one over the other, 
at the same mast-head : and such commander, master, or other person 
shall keep such signal hoisted during such time as the said vessel shall 
continue within sight of such other vessel, or within two leagues of the 
coasts or islands aforesaid, while so in sight or within such distance, 
until such vessel shall have arrived at the port where it is to perform 
quarantine, and until it shall have been legally discharged from the 
performance thereof; on failure thereof such commander, master, or 
other person, shall forfeit £100. § 9. 

Persons hoisting signals when not liable. —And if any commander, 
master, or other person knowing that the same is not liable to the 
performance of quarantine, shall hoist such signal, by day or night, such 
commander or other person shall forfeit £50. § 10. 

Masters on arrival from foreign parts, to give to the pilots an account 
of the places at which they shall have loaded and touched. —From 
and after the 1st day of July, 1825, as to all vessels arriving from any 
places beyond the Cape of Good Hope, or Cape Horn in South 
America, and after the 1st day of August, 1825, as to all vessels 
arriving from any parts of Africa or America not beyond those Capes, 
and from the West Indies and Mediterranean, and from and after the 
1st day of June, 1825, as to all vessels arriving from any other places, 
every commander, master, or other person having the charge of any 
vessel coming from foreign parts, shall give to the pilot who shall go 
on board a written paper, containing a true account of the names of the 
place and country at which such vessel shall have loaded, and also of 
all the places at which such vessel shall have touched on the homeward 
voyage, on pain of £100 for neglect or refusal, or for any false repre¬ 
sentation or wilful omission; and if by any proclamation orx>rder in 
council, made after the departure of any vessel from the United King¬ 
dom and the said islands, and then in force, vessels coming from any 
place mentioned in any such paper shall be liable to the performance of 
quarantine, such pilot shall immediately give notice thereof to the 
commander of such vessel, on pain of £100; and such commander 
shall thereupon hoist a proper signal, according to the provisions of 
this act, and under the penalties in this act contained for any neglect 
or refusal. §11. 

Pilot to give notice if any articles be on board liable to quarantine .— 
Every commander, master, or other person having the charge of any 
vessel coming from foreign parts, which shall not be liable to quaran¬ 
tine in respect of the place from whence such vessel comes, shall give 
to the pilot who shall go on board, a written paper, containing a true 


287 


QUARANTINE LAWS. 

account of the different articles composing the cargo, on pain of ,£50 
for any neglect or refusal, or for any false representation or wilful 
omission ; and if by any proclamation or order of his Majesty in coun¬ 
cil, vessels having on board any of the articles mentioned in such paper 
shall be liable to the performance of quarantine, such pilot shall 
immediately give notice thereof to the commander, on pain of £100, 
and such commander shall thereupon hoist a signal, according to the 
provisions, and under the penalties in this act contained ; and in case 
any pilot shall bring or cause to be brought or conducted any vessel 
liable to quarantine, into any place which is not specially appointed 
for the reception of vessels so liable, after receiving such paper, whereby 
it shall have been made appear that such vessel was liable to quaran¬ 
tine, or without requiring or receiving such paper, unless compelled 
thereto by stress of weather, adverse winds, or accidents of the sea, 
such pilot shall forfeit £200. § 12. 

Pilot to bring to at request of officer of customs. —If any pilot being 
on board, or any commander, master, or other person having the 
charge of any vessel coming from foreign parts, whether liable to 
quarantine or not, shall be required by any officer of customs, autho¬ 
rized to act in the service of quarantine, to bring to such vessel, to the 
end that the commander may be interrogated, according to this act, 
and shall neglect or refuse to bring to, as soon as it can be done with 
safety, every such pilot, commander, master, or other person having the 
charge of such vessel, shall forfeit £100. § 13. 

Ascertaining whether vessels be actually infected. —When any country 
or place shall be known or suspected to be infected with the plague or 
other infectious disease, or when any orders shall be made by his 
Majesty in council, concerning quarantine and the prevention of infec¬ 
tion, then, and as often as any vessel shall attempt to enter into any 
port in the United Kingdom, or of the isles of Guernsey, Jersey, Alder¬ 
ney, Sark, or Man, whether such port shall have been appointed for the 
performance of quarantine or not, the superintendent or assistant at such 
port, or if not, the principal officer of customs, or such officer of 
customs as shall be authorized to act in that behalf, shall go off to 
such vessel, and shall, at a convenient distance from such vessel, 
demand of the commander, and such commander shall, upon such 
demand, give a true answer in writing, and upon oath or not upon 
oath, according as he shall by such superintendent or his assistant, or 
officer of customs be required, to all such questions or interrogatories 
as shall be put to him, in pursuance of such regulations and directions 
as his Majesty by order in council shall prescribe; and in case such 
commander shall, upon such demand, refuse to make a true discovery, 
or in case he should not be required to answer such questions or inter¬ 
rogatories upon oath, shall give a false answer to any such question or 
interrogatory, such commander shall forfeit £200. § 14. 

Vessels may be forced to repair to the appointed place. —In case it 
shall appear upon such examination or otherwise, that such vessel is 
under such circumstances as shall render it liable to perform quarantine, 
and that the port where it so arrived, or at which it attempts to enter, 
is not the port where it ought to perform quarantine, it shall be lawful 
for the officers of any of his Majesty’s ships of war, or of any of his 
Majesty’s forts or garrispns, and all other his Majesty’s officers, upon 
notice thereof given to them, and for any other person or persons whom 
they shall call to their aid, to oblige such vessel to go and repair to 
such place as hath been appointed for performance of quarantine, and 



288 QUARANTINE LAWS. 

to use all necessary means for that purpose, either by firing of guns 
upon such vessel, or by any other kind of necessary force ; and in case 
any such vessel shall come from, or shall have touched at any place 
infected by the plague or such other infectious disease, or shall have 
any person on board actually infected, and the commander, knowing 
that the place from whence he came, or at which he had touched, was 
infected, or knowing some person on board to be actually infected, 
shall refuse or omit to disclose the same upon such examination, or 
shall wilfully omit to hoist the signal directed, to denote that his vessel 
is liable to quarantine, at the times and on the occasions herein directed, 
such commander shall forfeit <£300. § 15. 

Commanders to deliver vp bills of health , manifests , and logbook .— 
Every commander of any vessel which shall be ordered to perform 
quarantine, shall forthwith, after his arrival at the place appointed for 
the performance of quarantine, deliver on demand to the superintendent 
or his assistant, or other officer of customs authorized to act, and which 
superintendent, assistant, or officer as aforesaid, is required to make 
such demand, his bill of health and manifest, together with his log¬ 
book and journal, under pain of forfeiting £100. § 16. 

Penalty on masters and persons quitting vessels , and on persons 
coming in such vessels, or going on board , and quitting. —If any com¬ 
mander of any vessel liable to quarantine, and on board of which the 
plague or other infectious disease shall not then have appeared, shall 
himself quit, or shall knowingly permit any seaman or passenger to 
quit such vessel by going on shore, or by going on board any other vessel 
or boat, before quarantine shall be fully performed, unless by licence 
granted by any order in council made concerning quarantine, or in case 
anv commander shall not, within a convenient time after notice given 
for that purpose, cause such vessel and the lading thereof to be con¬ 
veyed into the place appointed to perform quarantine; then such 
commander shall forfeit £400 ; and if any such person coming in any 
such vessel liable to quarantine, (or any pilot or other person going on 
board the same, either before or after the arrival of such vessel at any 
port,) shall, either before or after such arrival, quit such vessel, unless 
by such licence as aforesaid, by going on shore in any port, or by 
going on board any other vessel or boat with intent to go on shore, 
before such vessel liable to quarantine shall be discharged from the 
performance thereof, it shall be lawful for any person, by any kind of 
necessary force, to compel such pilot or other person so quitting such 
vessel to return on board; and every such pilot or other person so 
quitting shall suffer imprisonment for the space of six months, and shall 
forfeit £300. § 17. 

Disobedience or refractory behaviour in persons under quarantine .— 
All persons liable to perform quarantine, and all persons having had any 
intercourse with them, whether in vessels or in a lazaret or elsewhere, 
shall be subject during quarantine, or during the time they shall be 
liable to quarantine, to such orders as they shall receive from the super¬ 
intendent of quarantine, or his assistant, or from the principal officer 
of customs or other officer of the customs authorized to act, and the 
said officers are required to enforce all necessary obedience to the said 
orders, and in case of necessity to call in others to their assistance, and 
all persons so called in are hereby to assist; and such officers shall 
compel all persons liable to quarantine, and persons having had any 
intercourse with them, to repair to such lazaret, vessel, or place, and to 
cause all goods and articles comprised within such orders to be con- 


289 


QUARANTINE LAWS. 

veyed to such lazaret, vessel, or place, in such manner and according 
to such directions as shall he made by order in council, or the lords of 
the privy council, or two of them ; and if any person liable to perform 
quarantine, or any person having had any intercourse with him, shall 
wilfully refuse or neglect to repair, when required by such officers, to 
the said lazaret, vessel, or place appointed, or having been placed in 
the said lazaret, vessel, or place, shall escape or attempt to escape out of 
the same before quarantine duly performed, it shall be lawful for the said 
quarantine officers, and also the watchmen and other persons appointed 
to see quarantine performed, by such necessary force as the case shall 
require, to compel every such person so refusing or neglecting, and 
every such person so escaping or attempting to escape, to repair or 
return to such lazaret, vessel or place ; and every person so refusing or 
neglecting, and also every person actually escaping, shall forfeit £200. 

§ IB. 

Persons quitting vessels liable to quarantine may be seized. —It shall 
be lawful for any constable, headborough, tithingman, or other peace 
officer, or any other person, to seize any person that shall, contrary to 
the provisions of this act, have quitted or come on shore from any 
vessel liable to perform quarantine, or who shall have escaped from or 
quitted any vessel under quarantine, or from any lazaret, vessel, or place 
appointed in that behalf, for the purpose of carrying such person before 
any justice of the peace or magistrate ; and it shall be lawful for such 
justice or magistrate to grant his warrant for the apprehending and 
conveying of any such person to the vessel from which he shall have 
come on shore, or to any vessel performing quarantine, or lazaret, from 
which he shall have escaped, or for the confining of any such person 
in any such place of safe custody, (not being a public gaol,) and under 
such restrictions as to having any communication with any other per¬ 
sons, as may in the discretion of any justice or magistrate (calling to 
his aid, if he see fit, any medical person) appear to be proper, until 
such person can be safely conveyed to some place appointed for per¬ 
formance of quarantine, or until directions can be obtained from the 
privy council as to the disposal of such person, and to make any further 
order, or grant any further w arrant that may be necessary. § 19. 

Intercourse with stations may be prohibited. —It shall be lawful for 
his Majesty, by order in council, notified by proclamation, or published 
in the London Gazette, to prohibit all persons, vessels, and boats 
whatsoever, from going, under any pretence whatsoever, within the 
limits of any station which by any orders in council has been assigned 
for the performance of quarantine; and if any person, after such noth 
fication of any such orders in council, shall presume, under any pre¬ 
tence whatsoever, to go with any vessel or boat within the limits of 
any such station, he shall forfeit <£200. § 20. 

Persons embezzling goods performing quarantine , neglecting or 
deserting their duty. —If any officer of customs, or any other officer or 
person, to whom it doth appertain to execute any order made concerning 
quarantine, or the prevention of infection, and notified as aforesaid, or 
to see the same put in execution, shall knowingly embezzle any goods 
performing quarantine, or be guilty of any other breach or neglect of 
duty in respect of the vessels, persons, goods, or articles performing 
quarantine, eveiy such officer or person shall forfeit such office, and 
shall become from thence incapable to hold the same, or take a^ new 
grant thereof; and every such officer and person shall forfeit £200 ; 
and if any such officer or person shall desert from his duty wheu 

u 


290 QUARANTINE LAWS. 

employed, or shall knowingly permit any person, vessel, goods, or 
merchandise to depart or to be conveyed out of the lazaret, vessel, or 
other place, unless by permission under an order of his Majesty, with 
the advice of his privy council, or under an order of two or more of the 
lords of his privy council; or if any person hereby authorized and 
directed to give a certificate of a vessel having duly performed quaran¬ 
tine, shall knowingly give a false certificate thereof, every such person 
so offending shall be guilty of felony ; and if any such officer or person 
shall knowingly damage any goods performing quarantine, he shall pay 
i£l00 damage, and full costs to the owner. § 21. 

Vessels from the Mediterranean , Turkey , or Africa. —If any vessel 
arriving from the Mediterranean, or from any port in Turkey or 
Africa, shall have undergone examination by the officer of quarantine, 
and upon a report of such examination being made to the lords of 
privy council, their lordships shall think proper to direct the release 
from quarantine, it shall be lawful for such officer to grant to the master 
of such vessel, a certificate in writing of such examination and release, 
and upon the production of such certificate to the collector or principal 
officer of customs, at any port in the United Kingdom, such vessel shall 
be admitted to enter without being liable to further restraint. § 22. 

After proof of performance of quarantine , and proper certificate, 
vessels or persons not liable to further detention. —After quarantine shall 
have been duly performed by any vessel or persons obliged to perform 
quarantine, and upon proof to be made by the oaths of the master of 
such vessel, and of three or more of the persons belonging thereto, or 
upon proof to be made by the oaths of two or more witnesses, before 
the collector or principal officer of customs at the port where such 
quarantine shall be performed, or at the port nearest thereto, or before 
the superintendent of quarantine, or his assistant at the quarantine 
station, or before any justice of the peace living near, or when such 
quarantine shall have been performed within Guernsey, Jersey, Alder¬ 
ney, Sark, or Man, before any two jurats or magistrates, that such 
vessel and all persons have duly performed quarantine, and that the 
vessel and all persons are free from infection, and after producing a 
certificate to that purpose, signed by the chief officer who superin¬ 
tended the quarantine, then and in the said cases, such collector or 
principal officer of customs, or the superintendent of quarantine, or his 
assistant, or such justice of the peace, or such jurats or magistrates, are 
to give a certificate thereof, and thereupon such vessel, and all persons 
so having performed quarantine, shall be liable to no further restraint 
or detention. § 23. 

Goods liable to perform quarantine shall be opened and aired. —All 
goods liable to quarantine, shall be opened and aired in such places, 
and for such time and in such manner, as shall be directed by his 
Majesty fiy such orders, and after such orders shall have been duly 
complied with, proof thereof shall be made by the oaths of the master 
of the lazaret or vessel in which the goods shall have been opened and 
aired, and of one of the guardians, or if there be no guardians, then one 
of the officers authorized by the commissioners of customs to act in 
the service of quarantine, or if there be no such officer, then by the 
oaths of two or more witnesses serving in the said lazaret or vessel 
before the superintendent of quarantine or his assistant, in case such 
opening and airing shall be at a port where such superintendent or 
assistant shall be established, or otherwise before the principal officer 
of customs authorized to act in the service of quarantine at such port, 


QUARANTINE LAWS. 291 

which oath such superintendent, assistant, or principal officer is autho¬ 
rized to administer; and such superintendent, assistant, or principal 
officer shall grant a certificate of such proof having been made, and 
upon production of such certificate to the proper officer of customs, 
such goods shall be liable to no further restraint or detention, either at 
the port where such quarantine shall have been performed, or at any 
other place whereto they be afterwards conveyed. § 24. 

Persons forging or uttering false certificates. —If any person shall 
knowingly forge or counterfeit, interline, erase, or alter, or procure to 
be forged or counterfeited, interlined, erased, or altered, any certificate 
directed to be granted by any order of his Majesty in council, now in 
force or hereafter to be made, or shall publish any such forged or 
counterfeited, interlined, erased, or altered certificate, knowing the 
same, or shall knowingly utter and publish any such certificate, with 
intent to obtain the effects of a true certificate, knowing the contents 
to be false, he shall be guilty of felony. § 25. 

Penalty on persons landing goods from vessels liable to quarantine , or 
receiving or secreting them. —If any person shall land or unship, or shall 
move in order to the landing or unshipping thereof, any goods, packets, 
packages, baggage, wearing apparel, books, letters, or other articles 
from on board any vessel liable to quarantine, or shall knowingly 
receive the same after they have been so landed or unshipped, every 
such person shall forfeit <£500 ; and if any person shall clandestinely 
convey or secrete, or conceal for the purpose of conveying any letters, 
goods, wares, or merchandise, or other articles as aforesaid, from any 
vessel actually performing quarantine, or from the lazaret or other 
place where such goods or articles shall be performing quarantine, 
every such person shall forfeit £100. § 26. 

His Majesty in certain cases may prohibit vessels under 100 tons from 
sailing. —In case it shall at any time happen that any part of the 
United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or 
Man, or France, Spain, or Portugal, or the Low Countries, shall be 
infected with the plague,- or any other infectious disease, it shall be 
lawful for his Majesty, by his proclamation, to prohibit vessels and 
boats under the burthen of 100 tons from sailing or passing out of any 
port of the United Kingdom, or of Guernsey, Jersey, Alderney, Sark, or 
Man, until security be first given by the master to the satisfaction of 
the principal officers of customs, or the chief magistrate of the port, or 
by bond taken by such officer or magistrate, to the king, with sufficient 
sureties in £200, with condition, that if such vessel or boat shall not 
go to or touch at any country, port, or place, to be mentioned for that 
purpose in such proclamation, and if neither the master nor any mariner 
or passenger shall, during the time aforesaid, go on board any other 
vessel at sea, and such master shall not permit any person or persons 
to come on board at sea from any other vessel, and shall not during 
the time aforesaid receive any goods whatsoever out of any other 
vessel, then such bond shall be void; for the making of which bond no 
fee whatsoever shall be taken ; and in case any vessel or boat for which 
such security shall be required by such proclamation, shall set sail or 
pass out of any port of the United Kingdom, or Guernsey, Jersey, Alder¬ 
ney, Sark, or Man, or any of them, before security be given, every such 
vessel or boat so sailing or passing out of any port contrary to this 
act, together with her tackle, apparel, and furniture, shall be forfeited 
to his Majesty, and the master of, and every mariner sailing in such 
vessel or boat, shall severally forfeit £200. § 27 

u 2 


292 QUARANTINE LAWS. 

Consuls may administer oaths. —The consuls and vice consuls of 
his Majesty, shall administer oaths in all cases respecting quarantine, 
in like manner as if they were magistrates of the towns or places where 
they reside. § 28. 

Persons authorized to take examinations may administer oaths .— 
In all cases wherein by virtue of this act, or any other act hereafter to 
be made touching quarantine, any examination or answer shall be 
taken or made upon oath, the person who shall be authorized to take 
such examinations and answers, shall have full power to administer 
such oaths ; and if any person who shall be interrogated or examined, 
shall wilfully swear falsely, or if any person shall procure any other 
person so to do, he so swearing falsely, or procuring any other person 
so to do, shall be deemed to have been guilty of, and shall be liable to be 
prosecuted for perjury, or subornation of perjury, and shall suffer the pains, 
penalties, and punishments of the law in such case provided. § 29. 

Superintendents at ports to be appointed. —All superintendents of 
quarantine at the several ports, and their assistants, shall be appointed 
by any instrument signed by the commissioners of customs; and 
every thing required to be done by the superintendent of quarantine, 
or his assistant, may, in case of the absence or sickness of such super¬ 
intendent or assistant, be done by such principal officer of customs as 
shall be authorized in that behalf. § 30. 

Publication in the London Gazette of orders of council. —The 
publication in the London Gazette of any order in council, or of 
any order by any two of the lords of privy council, made in pursuance 
of this act, or his Majesty’s royal proclamation made in pursuance of 
the same, shall be deemed to be sufficient notice to all persons 
concerned. § 31. 

Recovery and application of penalties. —All forfeitures and penalties 
may be recovered by suit in any courts of record in England or Ire¬ 
land, or in Scotland, by summary action in the court of session, or 
by prosecution before the court of justiciary there, or by suit in any 
courts in the islands of GtJernsey, Jersey, Alderney, Sark, or Man; 
and every such forfeiture and penalty shall belong two-thirds to the 
person who shall inform and sue, and the remainder to his Majesty. 
§ 32. 

In whose name actions for penalties must be prosecuted. —It shall not 
be lawful for any person to commence, prosecute, enter, or file any action, 
bill, plaint, information, or prosecution, in any courts in England, 
Ireland, or Scotland, or any proceeding before any justice of the 
peace, for the recovery of any fine, penalty or forfeiture, unless the 
same be commenced, prosecuted, entered, or filed in the names of his 
Majesty’s attorney-general in England or Ireland, or advocate in Scot 
land, or under the direction of the commissioners of customs, and in 
the name of some officer of the customs in England, Ireland, or Scot¬ 
land respectively; and if commenced, prosecuted, entered, and filed, 
in the name of any other person than before mentioned, the same shall 
be null and void. § 33. 

Prosecutions by officers of the customs. —In case any prosecution, 
suit, complaint, or other proceeding shall be commenced or depending 
by any officer of customs, it shall be lawful for his Majesty’s attorney- 
general in England or Ireland, or advocate in Scotland, to stop all 
further proceedings therein, as well with respect to the share of such 
fine, penalty, or forfeiture, to which such officer may claim to be 
entitled, as to the share thereof belonging to his Majesty, if upon 


QUARANTINE LAWS. 293 

consideration of the circumstances under which any such fine, penalty, 
or forfeiture may be incurred, it shall appear to them respectively to 
be fit and proper so to do. § 34. 

Three justices may fine or imprison in certain offences. —All offences 
committed against any of the provisions of this act, for which no 
specific penalty , forfeiture , or punishment is provided by this act, may 
be tried, heard, and determined before any three justices of the county, 
riding, division, city, or place where such offence or disobedience shall 
happen : and if any person shall be convicted, he shall be liable to 
such forfeiture and penalty, not exceeding <£500 for any offence, or 
to such imprisonment, not exceeding twelve months for any oiip 
offence, as shall in the discretion of the three justices be judged pro¬ 
per ; and such forfeiture and penalty shall be paid, two-thirds to the 
person suing for the same, and the remainder to his Majesty. § 35. 

Answers of persons having the charge of vessels. —In any prosecu¬ 
tion, suit, or other proceedings against any persons, for any offence 
against this act, or any act hereafter passed concerning quarantine, or 
for any breach or disobedience of any orders which shall be made by 
his Majesty, with the advice of his privy council, and notified or 
published as aforesaid, or of any orders made by two or more of the 
lords of the privy council, the answers of the commander of any 
vessel, to any question or interrogatories put to him in pursuance of 
this act, or of any act hereafter passed, or of any such orders, shall 
be given and received as evidence, so far as the same relate to the 
place from whence such vessel shall come, or to the place at which 
such vessel touched in the course of the voyage, and where any vessel 
shall have been directed to perform quarantine by the superintendent 
of quarantine or his assistant, or where there is no such superintendent 
or assistant, by the principal officer of customs at any port, or other 
officer of customs authorized in that behalf, they having been so 
directed to perform quarantine, shall be given and received as evidence 
that such vessel was liable to quarantine, unless satisfactory proof 
shall be produced by the defendant, to show that the vessel did not 
come from or touch at any such places as are stated in the said 
answers, or that such vessel, although directed to perform quarantine, 
was not liable to the performance thereof; and where any such vessel 
shall have in fact been put under quarantine at any port by the super¬ 
intendent of quarantine, or his assistant, or other officer of customs, 
and shall actually be performing the same, such vessel shall in any 
prosecution, suit, or other proceeding, against any persons for any 
offence against this act or any other act hereafter passed, or any 
orders made by his Majesty in council, or any two or more of the 
lords of privy council, be deemed to be liable to quarantine, without 
proving in what manner or from what circumstance such vessel became 
liable to the performance thereof. § 36. 

General issue , treble costs , and limitation of actions. —If any action 
or suit shall be commenced against any persons for any thing done in 
pursuance of this act, or any order of council, the defendants may 
plead the general issue, and if it shall appear so to have been done, 
the jury shall find for the defendants ; and if the plaintiff shall be non¬ 
suited, or discontinue, or judgment shall have been given upon any 
verdict or demurrer against the plaintiff* the defendants shall recover 
treble costs, and no such action or suit shall be brought but within 
the space of six months after such matter or thing shall have been 
done. § 37. 


294 


QUARANTINE LAWS. 


Orders in Council, in pursuance of the foregoing Act. 


By order in council, dated the 19th day of July, 1825, (and gazetted the 10th of 
August, 1825,)—His Majesty, under the authority of the said act, by and with the ad¬ 
vice of his privy council, doth adjudge and declare it probable that the plague or some 
other infectious disease or distemper, highly dangerous to the health of his Majesty’s 
subjects, may be brought into the United Kingdom, or the islands of Guernsey, Jersey, 
Alderney, Sark, or Man, by vessels coming from the Mediterranean, or from the 
West Barbarv, on the Atlantic Ocean, with or without clean bills of health, and also 
by the importation into the United Kingdom, or the islands aforesaid, of certain goods, 
wares, and merchandises, hereinafter enumerated, being the growth, produce, or manu¬ 
facture of Turkey, or of any place in Africa within the Straits of Gibraltar, or in 
the West Barbary, on the Atlantic Ocean, from any port or place in Europe with¬ 
out the Straits, or on the Continent of America, at which there is not a regular esta¬ 
blishment for the performance of quarantine, which shall have been declared sufficient 
for that purpose by any order in council, notified by proclamation, or published in the 
Loudon Gazette, and therefore it is ordered :— 

I. That all vessels, as well his Majesty’s ships of war, as all others, (not having the 
plague, or such other infectious disease or distemper as aforesaid actually on board,) 
coining from the Mediterranean, or from the West Barbary, on the Atlantic 
Ocean, with clean bills of health ,—and all vessels and boats receiving any person or per¬ 
sons, or goods, wares, or merchandise, packets, packages, baggage, wearing apparel, 
books, letters, or any other articles whatever, from or out of any such vessel, before such 
vessel shall have performed, and shall be duly discharged from, quarantine, (whether 
such persons, goods, or other articles as aforesaid, shall have come or been brought in 
such vessel, or such person or persons shall have gone, or articles have been put on 
board the same, either before or after the arrival of such vessel, and whether such 
vessel was or was not bound to any port or place in the United Kingdom, or the islands 
aforesaid,) shall, together with all persons, (as well pilots as others,) goods, wares, and 
merchandise, and other articles as aforesaid on board thereof, perform such quarantine 
for such time, in such manner, and at such places as are hereinafter directed. And 
all commanders, masters, and other persons on board any such vessel or boat so liable 
to quarantine as aforesaid, and all persons who shall have any intercourse or commu¬ 
nication with them, or any of them, shall forthwith repair to such lazaret, vessel, or 
place as is herein appointed, or shall hereafter be appointed in that behalf, by any 
order of his Majesty in council as aforesaid, or of the lords and others of the privy- 
council, or any two or more of them, for the performance of quarantine; and shall 
there perform quarantine accordingly, under and subject to all the pains, penalties, 
fines, forfeitures, and punishments, as well pains of death as others, to which any 
such commander, master, or person, is or may be by law subject for any refusal or 
neglect to repair to such lazaret, vessel, or place as aforesaid, or for any escape or 
attempt to escape therefrom, or for any other breach or disobedience of the provisions, 
rules, and regulations of the said hereinbefore recited act, or of this order, or of any 
orders which may hereafter be made as aforesaid. 

II. All such vessels so coming from the Mediterranean,* or from the West 
Barbary, on the Atlantic Ocean, as shall arrive with clean bills of health as aforesaid, 
and all such receiving vessels and boats as aforesaid, and all persons, goods, wares, 
and merchandises, and other articles on board the same, shall respectively perform 
quarantine in the places hereinafter appointed, (except in the cases hereinafter other¬ 
wise provided for,) that is to say: 


* By a letter from Mr. Buller, dated 7 September, 1825, vessels coming from Alex¬ 
andria with Cotton, although they might bring clean bills of health, were directed to 
perform quarantine at Milford; but by a further letter, dated 4th October following, 
directions were given that it was not intended to prevent vessels bound to London , and 
ports to the eastward, to perform quarantine at Standgate Creek, and such vessels are 
to be allowed to proceed there as heretofore to perform quarantine. 




QUARANTINE LAWS. 


295 


Vessels bound to the following PORTS, or any Creeks or Places belonging to 
or within any or either of them, viz.— 


London, 

Rochester, 


Feversham, 


C shall perform f Standgate Creek 
< quarantine < or 

C at (_ Milford Haven. 


Leigh, 

Malden, 

Colchester, 

Harwich, 

Ipswich, 

Woodbridge, 

Aldborough, 

Southwold, 


Yarmouth, 
Blackney and 
Clay, 

Wells, 

Lynn, 

Wisbeach, 

Boston, 

Grimsby, 


Hull, 

Bridlington, 

Scarborough, 

Whitby, 

Stockton, 

Sunderland, 

Newcastle, 

Berwick, 


rWiuTEBOOTii Roads 
>■ Ditto at < between 

(^Hull and Grimsby. 


Carlisle, Preston, 

Whitehaven, Liverpool, 

Lancaster, Chester, 


Beaumaris, "1 f Bromborough 

Isle of Man, )> Ditto at Pool, or in 

J (. Milford Haven. 


Sandwich, 

Deal, 

Dover, 

Rye, 


Newhaven, 

Shoreham, 

Arundel, 

Chichester, 


Portsmouth, 

Southampton, 

Cowes, 



The Motherbank, 
near Portsmouth. 


Poole, 

Weymouth, 

Lyme, 

Exeter, 

Dartmouth, 


Plymouth 
Looe, 
Fowey, 
Falmouth, 
Gweek, 


Penryn, 

Truro, 

Penzance, 

Scilly, 


Ditto at 


t 


St. Just’s Pool, 
within the mouth of 
the harbour of 
Falmouth. 


Bridgewater, 

Gloucester, 

Swansea, 

Minehead, 

Chepstow, 


Bristol, 

Cardiff, 




King Road 
and 

Portshute Pile. 


St. Ives, 
Padstow, 
Bideford, 
Barnstaple, 


Jersey, 

Guernsey, 


Ilfracombe, 

Llanelly, 

Pembroke, 

Milford, 


Sark, 


Cardigan, 

Aberystwith, 


Alderney, 


> Ditto at 


Milford Haven 
aforesaid. 


I 


Ditto at 


f The Motherbank, 
f near Portsmouth, 

J or at St. Just’sPool, 
"S within the mouth of 
the harbour of 
Falmouth. 


Vessels bound to Ports in Scotland, or any Members, Creeks, &c. viz.— 
On the jEastern Coast.— 


Leith, Kirkaldy, Perth, 

Borrowstoness, Anstruther, Montrose, 

Alloa, Prestonpans, Aberdeen, 

Dunbar, Dundee, 


j> Ditto at 


Inverkeithing 

Bay. 


Western Ports .— 

Port Glasgow, Oban, Port Patrick, 

Greenock, Rothsay, Stanraer, 

Irvine, Fort William, Wigtoun, 

Campbeltoun, Ayr, 


Ditto at 


( Holy Looch, in the 
Frith of Clyde. 


Northern Ports .— 

Inverness, Orkney, Stornaway, 

Zetland, Caithness, 

South-west Ports .— 

Dumfries, Kirkcudbright, 


} 


Ditto at 


Ditto at 


{ 

{ 


Inverkeithing 

Bay. 

[Order dated SO Sept. 1825.) 

Holy Lock, in the 
Frith of Clyde. 

[Order dated 30 Sept. 1825 ] 




296 


QUARANTINE LAWS. 


Vessels bound to any port in Ireland, with clean bills of health, and not having 
on board any of the articles enumerated in the thirty-first section of the order, dated 
July 10, 1825, shall perform quarantine at one of the following stations, that is to 
say,— 

Poolbeg, in the harbour cf Dublin ; 

Warren Point, in the harbour of Newry; 

Near Gramoyle, in the harbour of'Belfast; 

Tarbert, in the river Shannon, in the harbour of Limerick; 

Baltimore; 

Passage, river Suir, in the harbour of Waterford ; 

White Gate, Cove of Cork ; 

Green Castle, Lough Foyle ; and 

Black Rock, Galway Bay. 

Vessels with clean bills of health , having on board any of the articles enumerated 
in the said thirty-first section, and intending to import the same into any port in 
Ireland , shall repair either to White Gate or Gramoyle aforesaid, to perform qua¬ 
rantine. [Order dated 1 September, 1825.] 

But see further respecting Ireland, Order dated 1831. 


And lastly, such of them as are or shall be bound to any place on the coasts of the 
United Kingdom, not within any of the ports or limits hereinbefore mentioned or 
described, shall perform quarantine at such place hereinbefore appointed for perform¬ 
ance of quarantine, as shall be nearest to the port or place to which such vessel respec¬ 
tively shall be so bound, 

III. All goods, wares, and merchandises imported in any such vessels as aforesaid, 
shall be opened and aired at the several places hereinbefore, respectively appointed for 
the performance of quarantine by such vessels respectively, in the manner and for the 
time hereinafter directed. 

IV. All vessels not having the plague, or such other infectious disease or distemper 
as aforesaid, actually on board, (except any ship of war, transport, or other vessel, in 
the actual service of government, under the command of a commissioned officer of his 
Majesty’s navy,) arriving in the United Kingdom, and coming from the Mediterranean , 
or from the JVest Barbary , on the Atlantic Ocean, which shall not be furnished with 
clean bills of health , shall perform quarantine either in Standgate Creek, or Milford 
Haven, and no where else. And in case any such merchant or other ship or vessel as 
aforesaid, coming from any of the places before described, and not furnished with a 
clean bill of health, shall come or attempt to enter into any of the outports of the 
United Kingdom, or any of the islands aforesaid, the principal and other officer of the 
customs at such port, or in such islands, or the governor or chief magistrate thereof, 
shall cause such vessel to depart from thence immediately, and proceed to Standgate 
Creek or Milford Haven, to perform quarantine; and all ships of war, transports, and 
other vessels in the actual service of government, under the command of commissioned 
officers of his Majesty’s navy, coming from any of the said places, and not being fur¬ 
nished with clean bills of health, shall perforin quarantine at the Motherbank, in a 
separate and distinct place, to be appointed and marked out with yellow buoys for that 
purpose, in the centre of which place a floating lazaret, moored with chains, shall be 
stationed, with a yellow flag constantly flying at the mast-head; and all vessels and 
boats receiving any person, goods, wares, or merchandise, packets, packages, baggage, 
wearing apparel, books, letters, or any other articles whatever, from or out of any ves¬ 
sel so coming from any of the said places without clean bills of health as aforesaid, 
shall perform the like quarantine at Milford Haven, Standgate Creek, or at the Mother- 
bank respectively, in the same manner as if such receiving vessels or boats had come 
from any of the said places without clean bills of health. 

And no persons, vessels, or boats whatsoever, other than the vessels or boats belong¬ 
ing to the medical attendant or superintendant of quarantine, or his assistant, or other 
boats regularly employed under the authority of the commissioners of the customs in the 
quarantine service, shall go, under any pretence whatever, within the limits so marked 
out, except in case of special necessity and emergency, and with permission, first had 
and obtained from the superintendant of quarantine, or his assistant; and all vessels 
being furnished with clean bills of health, and boats liable to quarantine which may be 
ordered to perform quarantine at the Motherbank, shall come to an anchor within the 
limits of the said yellow buoys in such place as shall be directed by the superintendant 
of quarantine or his assistant, and shall be kept separate and apart from his Majesty’s 


QUARANTINE LAWS. 297 

ships of war, transports, and vessels in the service of government, and having foul bills 
of health, which may be performing quarantine within the limits marked out by the 
said yellow buoys. 

V. All vessels coming from any port or place in Europe, without the Straits, or on 
the continent of America, at which there is not a regular establishment for the per* 
formance of quarantine, declared sufficient by his Majesty in council as aforesaid, and 
having on board any of the articles hereinafter enumerated, being the growth, produce, 
or manufacture of Turkey, or of any place in Africa, within the Straits of Gibraltar, 
or in the West Barbary, on the Atlantic Ocean ; and all vessels and boats receiving 
any of the said goods, wares, or merchandise, or other articles as aforesaid, from or out 
of the said vessels, shall, together with all persons, (as well pilots as others,) goods, 
wares, and merchandise, and all articles on board thereof, perform the same quarantine, 
for such time, in such manner, and at such places respectively as is herein directed with 
respect to vessels coming from the Mediterranean, or from the West Barbary, on the 
Atlantic Ocean, with clean bills of health. 

VI. In case it shall happen that any vessel being liable to quarantine, and having a 
clean bill of health on board, and bound to any of the ports or places aforesaid, shall 
have passed the port or place hereby appointed for such vessel to perform quarantine, 
either from the commander or master being ignorant of his liability to perform the same, 
or from the said vessel having been carried past the said port or place by stress of wea¬ 
ther, or any other unavoidable circumstance, the said commander or master, upon 
proof thereof being made by the oath of such commander or master, and likewise of the 
pilot, (if any on board), to the satisfaction of the superintendant of quarantine or his 
assistant, or of the principal or other officer of the customs authorized to act in that 
behalf, and that the said passing such port or place was not done intentionally, and with 
a view of evading the regulations of quarantine, may be permitted to proceed and repair 
to any other port or place appointed for the performance of quarantine in the discretion 
of such superintendant or his assistant, or the principal or other officer of the customs 
authorized as aforesaid, keeping the proper quarantine signal hoisted during the whole 
time, and such commander or master shall there perform quarantine with such vessel, 
and all persons, goods, wares, and merchandises, and other articles on board, in the 
same manner as if he had been bound to such port or place. 

VII. No vessel liable to quarantine, not bound to any port or place in the United 
Kingdom or the islands aforesaid, shall touch at or attempt to enter any port or place 
in the United Kingdom, or the islands aforesaid, (whetner such port or place shall 
have been appointed for the performance of quarantine or not,) except for orders, or 
in consequence of stress of weather, or any damage, loss, or accidents of the seas, the 
circumstances and necessity of which shall be proved upon oath as aforesaid to the 
satisfaction of the superintendant of quarantine or his assistant, or of the principal or 
other officer of the customs authorized to act in that behalf, and the commanders 
and masters of all such vessels, by whom and with respect to which such satisfactory proof 
shall have been made as aforesaid, shall be examined by such superintendant or his 
assistant, or the principal or other officer of the customs, and shall give true answers 
upon oath to the preliminary quarantine questions hereinafter directed to be put to the 
commanders and masters of all vessels liable to perform quarantine, and shall likewise 
strictly conform in all respects to all such directions as they shall receive from such 
superintendant or his assistant, or the principal or other officer of the customs as afore¬ 
said, as well with respect to their stay or continuance at such port, and their departure 
from thence, and repairing to any other port or place for that purpose, as also with 
respect to all other orders, regulations, and restrictions, touching or concerning quaran¬ 
tine, and in default of making such satisfactory proof, or giving true answers to such 
questions, or of obeying and complying with such directions, orders, regulations, and 
restrictions as aforesaid, the said commanders, masters, or other persons having the 
charge of such vessels, shall be compelled forthwith to proceed to sea with such vessels ; 
and the said superintendant or his assistant, or the principal or other officer of the cus¬ 
toms, shall use all necessary means for that purpose, calling to his aid the commanders 
or other officers of any of his Majesty’s ships of war, if their assistance shall appear to 
be necessary. 

VIII. Where any vessel shall attempt to enter into any port or place in the United 
Kingdom or the islands aforesaid, whether such port or place shall have been appointed 
for the performance of quarantine or not, the superintendant of quarantine or his assist¬ 
ant, (if there shall be such superintendant or assistant at such port or place,) and if 
not, the principal officer of his Majesty’s customs at such port or place, or such officer 
of the customs as shall be authorized by the commissioneis of the customs, or any four 
or more of them, to act in that behalf, shall go off to such vessel, and shall, at a conve* 
nient distance from such ship or vessel, keeping to windward, demand of the commandei, 
master, or other person having charge of such vessel, answers to the following prelimi¬ 
nary questions:— 


298 QUARANTINE LAWS. 

1st. What is the name of the vessel, and the name of the commander or master? 

2d. Are you the commander, or master? where does she belong? 

3d. From whence do you come ? 

4th. To what place are you bound? 

5th. At what ports have you touched since you left the port of your lading on your 
homeward voyage ? 

6th. What vessels have you had intercourse or communication with on your passage, 
and from whence did they come ? 

7th. Did the plague or any other infectious disease or distemper prevail in any de¬ 
gree at the place from whence you sailed on your homeward voyage, or at any of the 
places at which you have touched? If at any, say at which, and when? Are any per¬ 
sons on board your ship suffering under any infectious disease, or have any persons died 
or been ill of a disease of that nature in the homeward passage? And if any, what 
number ? And if any have died or been ill of such disease, were their bedding and 
clothes destroyed ? 

(If the vessel shall have sailed from any port in Europe, without the Straits, or on 
the continent of America.) 

8th. Have you on board any goods enumerated in this list? 

(Handing up a list of articles enumerated.) If you have, specify the same, and whether 
they are of the growth, produce, or manufacture of Turkey, or of any place in Africa 
within the Straits of Gibraltar, or in the West Barbary on the Atlantic Ocean, or of 
what other place ? Have you any declaration to prove of what place they are the 
growth, produce, or manufacture? 

(If the vessel comes from the Mediterranean, or from any other place respecting 
which there is any order in council in force concerning quarantine.) 

9th. Have you any, and what bill of health ? 

10th. What number of officers, mariners, and passengers have you on board ? 

(And in cases of vessels coming from or having touched at any port or place on the 
continent of America, or the islands adjacent thereto, or coming from or. having 
touched at any ports in the West Indies, the following questions are to be put in 
addition to the aforesaid questions) :— 

Uth. In the course of your voyage have any persons on board suffered from sickness 
of any kind; what was the nature of such sickness, and when did it prevail ? How 
many persons were affected by it, and have any of them died in the course of the 
voyage ? 

12th. How long after sailing from your port of lading, or having touched at any port 
on the continent of America, or the islands adjacent thereto, or any of the ports in the 
West Indies, was the first appearance of disease observed? 

13th. How had the persons attacked been employed before they came on board ? 

14th. Had they been employed in loading or unloading the vessel before she left the 
port ? 

15th. Had the place which they inhabited before they sailed the reputation of being 
healthy ; or was it subject particularly to the fever incident to the country ? 

16th. Had the fever been frequent in the place before the vessel sailed ? 

17th. Did the persons who were ill on board your vessel fall sick nearly about the 
same time, or within a few days of each other; or did the disorder spread successively 
from one to another and increase considerably; or did it abate gradually and cease to 
multiply as the distance from the ports you sailed from or touched at as aforesaid 
increased ? 

18th. What was the greatest number of persons ill at the most sickly period of your 
voyage ? J 

19th. What were the whole number of persons on board your vessel when you 
sailed ? J 

20th. What is the whole number of persons now ill on board your vessel ? 

21st. Can you state what were the symptoms of illness with which your crew was 
first attacked, and what was the daily succession and change in them till their death ?. 

22d. Whether any and what medicines have been used, and what methods have been 
adopted to prevent its spreading among the crew ? 

23d. Whether attention had been paid to cleanliness and ventilation on board your 
vessel ? J 

24th. When did you sail from the port or place from whence you took on board your 
outward cargo, and at what place did you touch before you arrived at the port or place 
where you took in your present cargo ? 

25th. Did you carry any bill of health with you to the port or place where you took 
in the cargo you have now on board? From what place? Were the said bills of health 
clean, unclean, or suspected ? 

And such commander, master, or other person having charge of such vessel shall, 
upon such demand, give a true answer to such questions in writing or otherwise, and 


QUARANTINE LAWS. 299 

-apon oath, or not upon oath, according as he shall be required by such superintendant 
or his assistant, or principal officer or other officer of the customs, authorized as afore¬ 
said, under such pains and penalties as are inflicted by the said hereinbefore recited 
act. 

And if it shall appear by the answers so given to the said questions, that the said 
vessel is liable to quarantine, the said commander, master, or other person having the 
charge or command thereof, shall be directed to repair, and shall repair forthwith, with 
such vessel to the proper place appointed in that behalf for the performance of quaran¬ 
tine, and shall not be permitted to remain in or enter into any port or place, other than 
the port or place so appointed as aforesaid, unless compelled by stress of weather, da¬ 
mage, loss, or other injury unavoidably occasioned to the vessel by the perils of the 
seas; which stress of weather, damage, loss, or other injury, and that the said damage, 
loss, or other injury was unavoidable and not wilfully or intentionally done or occa¬ 
sioned, shall be made appear by the oath and examination of such commander or 
master, and of the pilot (if any) on board, to the satisfaction of the superintendant or 
his assistant, or of the principal or other officer of the customs, authorized as aforesaid, 
at the port or place in which he shall be so detained, or into which he shall be so com¬ 
pelled to enter as aforesaid; in default of which satisfactory proof, or when the cause 
of such vessel so coming in as aforesaid shall no longer exist, such superintendant, 
assistant, principal or other officer of the customs, authorized as aforesaid, shall direct, 
and (if necessary) compel such vessel to repair to the proper place appointed in that 
behalf for the performance of quarantine, and shall use all necessary means for that 
purpose. 

IX. And it is hereby further ordered, that on the arrival of any vessel liable to qua¬ 
rantine, in any port or place hereby appointed for the performance of quarantine, the 
superintendant of quarantine or his assistant, or, in case of such superintendant and his 
assistant being otherwise necessarily engaged, the principal officer of his Majesty’s 
customs at such port or place, or such officer of the customs as shall be duly authorized 
to act in that behalf, (together with the medical attendant, in such cases as shall be 
thought to require his assistance,) shall go alongside such vessel in a boat, (keeping to 
windward,) and shall see the officers, crew, and all other persons belonging to or being 
on board such vessel mustered on the gangway, and the superintendant of quarantine, 
or his assistant, or such principal or other officer of the customs authorized as aforesaid, 
shall then and there, in the presence of the crew, put the following questions to the 
commander, master, or other person having charge of the vessel:— 

1st. What is the name of the vessel, and the name of her commander or master ? 

2d. Are you the commander or master? 

3d. To what port or place does she belong? 

4th. When did you sail from the port or place from whence you took on board your 
outward cargo, and at what places did you touch before you arrived at the port or 
place where you took in your present cargo ? 

5th. Did you carry any bill or bills of health with you to the port or place where 
you took in the cargo you have now on board ? From what places ? Were the said 
bills of health clean, unclean, or suspected ? 

6th. From what port or place does she now come? When did you sail from 
such port or place, and at what place or places have you touched in the course of the 
voyage ? 

7th. Have you any bill or bills of health on board ? From what place or places ? 
Are the same clean, unclean, or suspected? Produce them. 

(If the vessel shall have sailed from any port or place in Europe without the Straits, 
or on the continent of America.) 

8th. Of what articles does your cargo consist? Have you on board any goods enu¬ 
merated in this list? 

(Handing up a list qf articles enumerated.) 

If you have, specify the same, and whether they are of the growth, produce, or ma¬ 
nufacture of Turkey, or of any place in Africa within the Straits of Gibraltar, or in 
the West JBarbary on the Atlantic Ocean, or of what other place ? Have you any decla¬ 
ration to prove of what place they are the growth, produce, or manufacture? 

9th. At what place or places was the cargo, or any part thereof, taken on board ? On 
what day did you arrive at the place or places where you took in the whole, or any and 
what part of the cargo ? And on what day did you sail from such place or places, and 
what part of your cargo was taken in at each place, and when ? 

10th. Did the plague or any other infectious disease or distemper prevail in any 
degree at the places from whence you sailed, or at any of the places at which your 
cargo was taken on board, or at which you touched ? If at any, say at which, and 
when. 

11th. Did you hear of any report, or are you aware of any suspicion having existed at 
the time of your sailing, that the plague or any other infectious disease prevailed at the 


300 QUARANTINE LAWS. 

place from whence you sailed, or at any other place in the Mediterranean (or in Ame¬ 
rica or the West Indies as the case may be.) 

12th. What number of officers, mariners, passengers, or other persons have you on 
board ? describe the number of each. 

13th. At what port did you take on board your passengers ? 

14th. Were they residents at that place, or had they been embarked as passengers 
on board any other vessel from any other places, and from what places, and at what 
time? 

15tli. Do the said officers, mariners, passengers, and other persons consist of the 
same individuals as were on board at the port from which you sailed upon your home¬ 
ward voyage 1 If any other persons have been taken on board, or if any of your officers, 
crew, or passengers have quitted your vessel since you sailed from such port, or before 
your arrival at this place, or if any other alterations in that respect have taken place 
specify the same, the causes, and the time or times of such alterations. 

16th. What number of persons (if any) have died on board during the voyage? Out 
wards or homewards, or at any part at which you have touched ? When and in what 
part of the voyage did such person or persons die ? Of what disease or distemper ? 

17th. Have any of your officers, mariners, or other persons of your crew who sailed 
with you on your outward voyage died or left the vessel ? 

18th. In the course of your voyage outward or homeward, or at any port at which 
you have touched, have any persons on board suffered from sickness of any kind ? What 
was the nature of such sickness ? When did it prevail ? How many persons were 
affected by it ? Are there any convalescents on board ? Or are all persons on board at 
present in good health ? 

19th. Were any of those who died, or who have been sick in the course of the voy¬ 
age, or at any port at which you have touched, affected, or suspected to have been 
affected, by any infectious disease or distemper ? 

Were the bedding and clothes of such deceased and sick persons destroyed ? If so, 
when and in what manner? Were any of the persons immediately employed about the 
sick afterwards taken ill ? If so, of what disease, and in how many days after having 
been so employed ? 

20th. At what precise time did such deaths happen? In how many days after being 
indisposed did the sick die ? What were the most obvious appearances of the disease ? 

21st. Have you spoken to or otherwise had any communication with any vessels at 
sea during the voyage ? What were the names of such vessels, and to what country, 
port, or place did they belong? From what ports or places were they coming, or at 
what ports or places had they touched on their voyage, and to what country, ports, or 
places were they bound ? What was the nature of the communication held ? What do 
you know respecting the state of health on board such vessel. 

22d. Have there been any letters, parcels, or other articles delivered out of or re¬ 
ceived into your vessel from any vessel or boat met with on the voyage, or before or 
since your arrival at this place, and what were such letters, parcels, or articles, aud 
where were the same delivered or received, and into or out of what vessel or boat ? 

23d. Have you any packages or parcels which you have taken charge of ? If so, 
what are their contents, and when and where did you take them on board ? 

24th. What pilots or other persons from the shores of the United Kingdom, or from 
the Islands of Scilly, Guernsey, Jersey, Alderney, Sark, or Man, have been or are 
now on board your vessel, or have had any communication whatever with the ship’s 
company, or any of the passengers during the voyage homewards, or before or since 
your arrival at this place ? If any such pilots or other persons have come on board, and 
have afterwards quitted your vessel, specify the names of such persons, and the time, 
manner, and circumstances of their so quitting your vessel ? 

25th. Did you leave any British vessels at any of the ports you sailed from ? If you 
did, mention their names, and the names of the commanders. 

26th. Were such vessels loading, were they near their departure, and whither were 
they bound ? 

27th. Did you meet with any British vessels at any of the places you touched at? 
If you did, say when, where, and what were the names and destinations of such vessels, 
and to what ports or places did they belong ? 

28th. Do you know whether any foreign vessels loading at the port from which you 
sailed, were bound beyond the Straits of Gibraltar? and if so, what were they, and 
whither were they bound ? 

29th. Do you know whether any person whatever employed in loading your vessel, 
or in bringing any articles into it, or having any communication on board thereof, was 
taken ill during such employment or communication ? or whether, by the absence of 
such person or persons in the course of such employment, any suspicion was entertained 
of their having been taken ill ? If so, of what disease ? 

30th. Do you know whether or not your cargo, or any part thereof, had been long 


30] 


QUARANTINE LAWS. 

in warehouse before its being taken on board ? If you do, say how long Have you 
any knowledge of its being packed or handled on shore, or conveyed from shore, or 
stowed on board by persons affected with the plague, or any other infectious disease or 
distemper ? 

X. And it is further ordered, that the answers to the aforesaid questions shall be 
taken down in writing, and the commander, master, or other person having the charge 
of such vessel shall solemnly make oath to the truth thereof before the superintendant 
of quarantine, or his assistant, or the principal or other officer of the customs autho¬ 
rized as aforesaid, (as the case may be,) and such superintendant of quarantine, or his 
assistant, or such principal or other officer of the customs as aforesaid, (with the advice 
of the medical attendant, if such advice shall be judged necessary,) shall, according to 
the answers returned to the questions hereinbefore set forth, then appoint a proper place 
or station for such commander, master, or other person having the charge of such vessel, 
to repair to with such vessel, who thereupon shall, as soon as possible, after having 
answered the foregoing questions, repair with such vessel to such place or station where 
the said vessel shall be forthwith placed, and shall there perform quarantine accord¬ 
ingly ; the said commander, or master, or other person having the charge of such vessel 
carrying with him the log-book, manifest, and all the ship’s papers, all of which he 
shall there deliver to the superintendant of quarantine, or his assistant, or to the prin¬ 
cipal or other officer of the customs authorized as aforesaid, (as the case may be,) the 
said log-book, manifest, and papers having been first immersed in vinegar and fumi¬ 
gated ; and such commander, master, or other person having the charge of such vessel, 
shall there solemnly make oath to the truth of the contents of such log-book, to the 
best of his recollection and belief, or shall state and specify upon oath in what parti¬ 
culars alone the same, or any part thereof, is false and incorrect, and whether every 
particular entry therein was made as soon after the fact as possible; and if not, for 
what reason it was delayed, and when it was made ; and also to the truth of all the 
other ship’s papers, before such superintendant, or his assistant, or the principal or 
other officer of the customs authorized as aforesaid, and shall obey and conform to all 
such directions as he shall then receive, touching the performance of quarantine, from 
such superintendant, or his assistant, or the principal or other officer of the customs 
authorized as aforesaid. 

XI. In the case of vessels liable to quarantine arriving at any of the ports of the 
United Kingdom or islands aforesaid, if any suspicious circumstances shall appear in 
the answers returned to the said questions by the commander or master, or other person 
having charge of any such vessel, or from any other circumstance, the proper officer of the 
customs at such port or island shall immediately transmit such answers, and give notice 
of the cause of such suspicion to the lords of his Majesty’s most honourable privy coun¬ 
cil, and the commissioners of his Majesty’s customs, and shall, without regard to the 
bill of health, whether clean or otherwise, order such vessel to a station distant from all 
other vessels in the same port or place, and put her under special guard, in order the 
more effectually to prevent all communication therewith. 

XII. All vessels liable to quarantine as aforesaid, and being furnished with clean 
bills of health, as well as the crews and passengers on board the same, shall perform a 
quarantine of fifteen days, in the manner heretofore practised, which quarantine shall 
commence from the time when such part of the cargo, if any, as is hereinafter enume¬ 
rated, shall have been delivered into a floating lazaret in Standgate Creek or Milford 
Haven, in case the ship or vessel shall perform quarantine in Standgate Creek or Mil¬ 
ford Haven ; or into the lighters, or other proper vessels appointed for that purpose, in 
case the vessel shall perform quarantine at any of the places hereinbefore appointed for 
the performance thereof by vessels bound to any of the out-ports or islands aforesaid ; but 
in cases where no part of the cargo shall consist of such enumerated goods, then such 
quarantine of fifteen days shall commence on the day on which the master or other per? 
son having charge of such vessel shall have arrived with such vessel at^he station so 
appointed as aforesaid. 

XIII. With respect to all goods, wares, and merchandises coming from the Mediter¬ 
ranean, or from the West Barbary on the Atlantic Ocean, in vessels furnished with 
clean bills of health, all goods, wares, and merchandises, other than such as are here¬ 
inafter enumerated, shall be aired and treated on board the vessel in which they shall 
arrive according* to the manner heretofore practised respecting such goods imported in 
vessels furnished with clean bills of health, and shall continue to be so treated for and 
during the space of one week ; and all such goods, wares, and merchandises as are 
hereinafter enumerated, so coming in vessels with clean bills of health, shall be re¬ 
moved from the vessel to the place appointed for that purpose, and shall be aired and 
treated in the manner heretofore practised with regard to such goods, wares, and 
merchandises, and shall continue to be so treated for and during the space of fifteen 
days. 


302 QUARANTINE LAWS. 

XIV. With respect to all goods, wares, and merchandises, and other articles as 
aforesaid, brought or imported in vessels not having the plague or other infectious disease 
or distemper as aforesaid actually on board, and which may arrive in any of the ports 
of the United Kingdom or the islands aforesaid, coming from the Mediterranean, or 
from the West Barbary on the Atlantic Ocean, not being furnished with clean bills of 
health, such goods, wares, and merchandise, and other articles as aforesaid (such vessel 
having first repaired to Standgate Creek or Milford Haven as hereinbefore directed) 
shall perform quarantine in a floating lazaret, either at Standgate Creek or Milford 
Haven, and nowhere else, in the manner and for the time hereinafter mentioned. 

XV. Immediately after the commander, master, or other person having charge of 
every such vessel so arriving with afoul bill of health, or on board of which infection 
shall have appeared, shall have undergone the examination hereinbefore directed, and 
shall have arrived with his vessel at the station so appointed as aforesaid, two quarantine 
guardians shall be placed on board such vessel by the superintendant of quarantine or 
liis assistant. 

XVI. All persons on board any vessel under quarantine may be permitted to have 
communication with others by letters, under the following regulations and restrictions, 
viz. 

An officer appointed by the superintendant of quarantine shall daily, at a fixed hour, 
go round the different lazarets and vessels in quarantine to receive letters, the usual 
precaution of dipping such letters in vinegar, and putting them into the fumigating box, 
being always first observed; and such letters shall remain in the fumigating box until 
such, time as the superintendant shall give directions for taking them out to be forwarded, 
and no person, except the said superintendant of quarantine, or his assistant, or one of 
the guardians on board the vessel, shall be permitted to deliver such letters from such 
fumigating box; and the said persons so hereby authorized to deliver the same shall 
take care, where several letters or papers are enclosed together, to slit open the covers 
in manner practised in the lazarets of the Mediterranean. And all letters to such 
persons so under quarantine shall be delivered to the superintendant or his assistant, 
and shall be distributed by him, or according to his directions; and no communication 
or conference shall be had by persons not under quarantine, with persons so under 
quarantine, except by permission, or in the presence of the superintendant or his assist¬ 
ant, and under such regulations and restrictions as shall be directed by the said super¬ 
intendant. 

Provided always that the medical attendant and superintendant, or his assistant, or 
any other person duly authorized by an order in council, may go on board any vessel 
under quarantine without such medical attendant or superintendant, or his assistant, 
being in any way subject to the restraint of quarantine. 

XVII. A night watch shall be regularly kept, and a sufficient number of guard 
boats and officers shall be appointed, for the purpose of preventing all clandestine com¬ 
munications with persons under quarantine; and all the boats belonging to vessels 
under quarantine, either at Standgate Creek, Milford Haven, or at the other out-ports, 
shall be taken from them, and no use made of such boats, except for the purpose of 
carrying goods to the lazaret, or, upon occasions of necessity, such ^necessity to be 
determined by the superintendant of quarantine, and such boats shall not be delivered 
up to the commanders or masters of such vessels, until the expiration of the quarantine 
to be respectively performed by them. 

XVIII. The superintendant of quarantine, or his assistant, or some other proper per¬ 
son appointed by the superintendant, shall, as often as required, afford assistance and 
provide necessaries for the persons under quarantine, taking care to allow of no im¬ 
proper communication with the persons employed for that purpose ; which persons shall 
always place their boats to windward, and shall deliver, by means of buckets, the 
articles supplied by them. 

XIX. The quarantine guardians who shall be placed on board vessels, shall be 
instructed to take especial care that nothing whatever be delivered from on board such 
vessels when under quarantine, without an order, in writing, from the superintendant, 
or his assistant, every such order to be entered in a book by one of the said guardians, 
and the original to be delivered back to the superintendant, or his assistant; and 
nothing, however little susceptible it may be thought to be of infection, shall be con¬ 
veyed from one vessel under quarantine to another, nor any personal intercourse be 
permitted from any such vessel to another; and one of the quarantine guardians, when 
thereto required by the superintendant of quarantine, or his assistant, shall accompany 
the lighters and boats which shall be employed in passing to or from the vessel on board 
of which such guardians are placed, during the passage of such lighters and boats to 
and from such vessel, in order to prevent any communication in the transit of the cargo 
from the vessels to any floating lazaret, and shall take care, after every removal of 
goods, that no remnants of cotton, or of any other enumerated article, remain in the 


QUARANTINE LAWS. 303 

lighters or the Goats, but shall, before leaving off work, collect and deliver such rem¬ 
nants into the lazaret with the last package which they shall then carry from the said 
vessel. 

XX. The said guardians shall take care that, after the discharge of the cargoes into 
the lazaret, the holds and between decks of the vessels shall be completely swept, and 
the sweepings burnt. 

XXI. The said guardiaus shall diligently search the lockers, chests, and other reposi • 
tories of the officers, passengers, and crews, and every part of the vessels, so that no 
article so enumerated, nor any matter or thing considered as susceptible of infection, 
remain undelivered to the lazaret, unless what shall be declared by the said superin- 
tendant or medical attendant to be requisite for daily use, and shall see that all the said 
chests, lockers, and other repositories, and all the clothes and bedding in the vessel be 
daily opened and aired, in such manner as shall be directed by the superintendant of 
quarantine. 

XXII. One of the said guardians shall make a daily report to the superintendant of 
quarantine, or his assistant, and to the medical attendant, of the state of health of every 
person on board, and whether the regulations of quarantine have been properly com - 
plied with ; and in case any impediment shall occur in the execution of the duties 
required of the said guardians, they shall give notice immediately to the commander, 
master, or other person having charge of the vessel in the first instance, and if there¬ 
upon such impediment be not instantly removed, they shall then give notice thereof to 
the superintendant of quarantine, or nis assistant, who shall take care to use effectual 
means for the removal of the same. 

XXIII. If any person on board shall fall sick, and any medical person shall be on 
board the vessel, such medical person shall confer with the medical attendant alongside 
the vessel, the medical attendant keeping to windward, at a distance of not less than 
ten feet; and in case there shall be no medical person on board, and it shall be neces¬ 
sary for the medical attendant to inspect the sick, the visit shall be made at the ship’s 
boat by the medical attendant in his own boat, keeping to windward at the like distance 
of not less than ten feet; and if any patient, after being examined in the manner 
before mentioned, shall be found to require such medical or chirurgical aid as cannot 
properly be administered except in the hospital ship, he shall be removed to such 
hospital ship. 

XXIV. In case any pestilential disorder shall actually discover itself on board any 
vessel, or among any of the persons under quarantine, the person or persons affected 
with such disorder shall be removed, with all possible care and despatch, under the 
special direction of the superintendant of quarantine and medical attendant, to the 
hospital ship, and proper attendants shall be assigned to such patient or patients by the 
superintendant of quarantine, with the advice of the medical assistant; and such 
patient or patients shall be visited, at a due distance, by the said medical attendant ; 
and in case nearer approach shall be required, some persons shall be specially appointed 
by the medical attendant for that purpose. 

XXV. The passengers and crew of any vessel under quarantine may have the assist¬ 
ance of any medical persons they may desire from the shore, subject to the official 
visits of the medical attendant, and to such regulations and restrictions as the superin¬ 
tendant of quarantine, with the advice of such medical attendant, shall judge necessary, 
but all such medical persons, as well as all others, if they communicate by contact 
with the sick, shall perform the same quarantine as the sick persons themselves. 

XXVI. After the quarantine guardians shall have been placed on board any vessel, 
the pilot may quit such vessel, and be removed to the hospital ship, and continue under 
quarantine until the probationary airing of the goods, wares, and merchandises, as 
hereinafter directed, shall be finished ; aud at the expiration of such probationary 
airing, such pilot, if he continue free from infection, shall be fumigated and discharged 
from quarantine : provided always, that during the performance of such quarantine, 
such pilot shall not have communication with any other person, except under similar 
restrictions to those herein directed with regard to other persons under quarantine. 

XXVII. In case any pestilential accident shall occur among the crew, passengers, 
or other persons on board any vessel during the probationary airing of the goods, at 
whatever stage of the quarantine such accident may happen, the quarantine of all the 
crew, passengers, or other persons, and of the pilot, (if there shall be a pilot at that 
time liable to quarantine, in respect of his having been on board such vessel,) as well 
as of the goods, wares, and merchandises, shall recommence, and the sick persons 
shall be sent to the hospital ship, the external guard shall be immediately doubled, and 
notice of such accident shall be given, with all possible despatch, to the lords of his 
Majesty’s privy council, that they may give such orders thereupon as may appear to 
them to be necessary. 

XXVIII. In the event of the plague actually appearing on board any vessel on her 
voyage to any port in the United Kingdom, she shall immediately, if to the southward 


304 QUARANTINE LAWS. 

of Cape St, Vincent, repair to some lazaretto in the Mediterranean, there to perform 
quarantine, and if to the northward of Cape St. Vincent, she shall immediately repair 
to Milford Haven, there to perform quarantine. 

XXIX. The baggage, wearing apparel, books and every other article belonging to 
any person on board any vessel arriving as above mentioned with a foul bill of health 
or on board of which infection shall have appeared, for which they shall have no imme¬ 
diate occasion, shall be sent to the lazaret, for the purpose of being aired in like manner 
as other goods of the same description ; and before any of the passengers or crew shall 
be discharged from quarantine, they, their clothes, and other effects which have re¬ 
mained with them, shall be fumigated. 

XXX. Immediately after the pilot, and such of the passengers and crew of the 
vessels so arriving with foul bills of health as may be permitted or directed to perform 
quarantine as hereinbefore mentioned, shall have quitted the vessel in which they shall 
have arrived, the hatches of such vessel shall be opened, and the probationary airing of 
the cargo shall commence, which probationary airing shall be in the following manner, 
viz. :— 

Such a number of bales of the enumerated goods, wares, and merchandises herein¬ 
after stated, as can be ranged upon deck, shall be taken from the hold, and the seams 
at one or both ends being ripped open, the contents shall be handled as much as possible 
by the sailors in presence of one of the guardians, and under this process of handling 
and turning such bales shall remain exposed to the air for six days, and on the subse¬ 
quent day shall be put into a condition to be, and shall accordingly be, delivered to the 
lighter appointed to transport them to the floating lazaret, and as soon as the deck is 
cleared of the first parcel of goods, a second parcel shall be hoisted up, and treated in 
like manner for the space of three days, and on the subsequent day shall in like man¬ 
ner be put into such condition, and shall be so delivered as aforesaid ; after which a 
third parcel shall be hoisted up and treated in the same manner also for the space of 
three days, and on the subsequent day shall in like manner be put into such condition, 
and shall be so delivered; but in case of any suspicious circumstances arising, tW 
probationary airings shall be extended to eight, six, and four days, making, with tne 
three intermediate days, twenty-one days in the whole, or even to a greater length of 
time, if circumstances shall require. 

XXXI. Of the goods, wares, and merchandises which shall arrive in vessels with 
foul bills of health, the articles hereinafter enumerated shall be carried to a floating 
lazaret in Standgate Creek, or at Milford Haven, there to be unpacked, opened, and 
aired, for the space of forty days, viz.:— 

Apparel of all kinds. 

Artificial flowers. 

Bast, or any article made thereof. 

Beads, bracelets, or necklaces in strings. 

Beds. 

Bedticks. 

Books. 

Brooms of all sorts. 

Brushes of all sorts. 

Burdetts. 

Camblets. 

Canvass. 

Carmenia wool. 

Carpets. 

Cordage not tarred. 

Cotton wool. 

Cotton yarn. 

Cotton thread. 

All articles wholly made or mixed with cotton, silk, wool, thread, or yarn. 

Down. 

Feathers. 

Flax. 

Furrier’s waste. 

Goats’ hair. 

Gold or silver on thread, cotton, hair, wool or silk, or any other substance hereinbefore 
enumerated. 

G.'ogram. 

Hats, caps or bonnets, of straw, chips, cane, or any other material. 

Hemp. 

Hoofs. 

Horn and horn tips. 

Hair of all sorts. 


QUARANTINE LAWS 


305 


Leather. 

Linen. 

Lutestrings, bathings, or harpstrings. 

Maps. 

Mattresses. 

Mats and matting. 

Mohair yarn. 

Nets new or old 
Paper. 

Packthread. 

Parchment. 

Pelts. 

Platting of bast, chip, cane, straw, or horse-hair. 

Quills. 

Rags. 

Sails and sail-cloth. 

Silks, viz. : 

Crapes and tiffanies. 

Husks and knubs. 

Raw silk. 

Thrown and organzine silk. 

Waste silk. 

Wrought silk. 

Skins, hides, and furs, and parts or pieces of skins, hides, and furs, whether undressed, 
or in part or wholly tanned, tawed, or dressed. 

Sponges. 

Straw, or any article made or mixed with straw. 

Stockings of all sorts. 

Thread. 

Tow. 

Vellum. 

Whisks. 

Wool, whether raw 
Yarn of all sorts. 

And all other goods whatever if they shall have arrived in or with packages, con¬ 
sisting wholly or in part of any of the articles above enumerated in this class, unless 
such goods shall be removed from such packages as hereinafter mentioned. 

XXXII. The expurgation of the goods, wares, and merchandises enumerated as before 
mentioned, after they have been removed to the floating lazaret, shall proceed in the 
following manner; that is to say : All bales of cotton shall be opened from one end to 
the other, and so much taken out as to leave room for handling daily the interior of 
the bale. The following articles, viz.: 

Rags, 

Raw wool, 

Goats’ wool, 

Carmenia wool, and 
Hair, 

shall be taken out of the bags or bales, and shall be ranged in low heaps, not above 
four feet high, and successively handled and rummaged. 

All bales of raw silk, silk stracee (or refuse) and silk thrown, shall be opened on 
one side from end to end, the cords loosened, and way made, by removing a number of 
skins, for the porters to handle the interior of the bales; and at the expiration of twenty 
days, that side of the bale which has been opened being resewed, the other side shall 
be ripped open, and the contents handled and aired in the like manner, till the thirty- 
fifth day, when the bales shall be put in order for delivery. 

All packages of cotton, of yarn, of thread, of silk stuffs, of cotton stuffs, or burdetts, 
of camblets, and of linen, shall be opened, and the piecegoods piled in rows, lattice 
fashion, or in pyramids, turned every four days, and completely spread out and sus¬ 
pended on cords for several days. 

Cases of papers, books, parchment, cases of sponges, and silk and thread stockings, 
shall be entirely unpaUfcd, and the smaller parcels separated from each other, and so 
disposed as to admit of thorough airing. 

Feathers, 

Straw hats. 

Artificial flowers, 

Coral beads in string, 

Brushes, 

shall be spread out in the same manner. 4 


or anywise wrought. 


X 


306 


QUARANTINE LAWS. 


Carpets, 

Furs, 

Hides and skins, 

shall be unbaled, and each piece shall be spread and suspended on cords, sometimes in 
the open air, and frequently turned. 

All goods packed in or with straw, cotton, or any other enumerated article, or con¬ 
sidered 0 as susceptible, shall be entirely taken out of or separated from the same, and 
carefully aired. . . 

All goods enumerated above, concerning the expurgation of which no particular 
directions have been hereinbefore given, shall be unpacked, opened, aired, and handled 
in like manner, so far as may be, as is hereinbefore directed, with regard to goods of a 
similar description. 

XXXIII. After the delivery of all the goods, wares, and merchandises enumerated as 
before mentioned, into a floating lazaret, the vessel, with the rest of the cargo, shall then 
commence and perform quarantine of thirty days, during which, the packages of the 
goods, wares, or merchandises, not enumerated, remaining on board such ship or vessel, 
shall be frequently swept and shifted, and moved from time to time as much as possible, 
according to the nature thereof, so as to admit of free ventilation ; and at the expiration 
of the said thirty days, if all persons on board continue free from every appearance of 
infection, the vessel, and such part of the crew, passengers, and cargo as shall have 
remained on board, shall be finally fumigated and discharged. 

XXXIV. If all the persons on board remain in health, dried fruits having been 
shifted from baskets or other packages made of articles enumerated, or considered as 
susceptible, when such dried fruits shall have been imported in such packages, may be 
delivered in twenty days ; dried fruits in packages of wood in ten days ; barrels of oil, 
the bungs being first tarred, and the barrels brushed, and then thoroughly washed in 
sea-water, in ten days; grain, pulse, and other seed in bulk, on the eleventh day, after 
having been passed through an iron grating, in order to detect any susceptible matter 
that may be mixed therewith ; grain, pulse, and other seeds in sacks, or in casks or 
baskets of rush mat, being shifted into fresh sacks or packages in like manner, on the 
eleventh day, being likewise passed through an iron grating ; but in all cases where any 
goods, wares, or merchandises shall have been shifted from such susceptible packages 
as aforesaid into fresh packages, the said susceptible packages shall be sent to the lazaret 
to perform quarantine, according to the nature thereof, or shall be destroyed, or shall be 
dipped in the sea, and then remain on board the importing vessel till the expiration of 
the quarantine at the option of the importer. 

XXXV. The quarantine of all goods, wares, and merchandises (as well such as are 
directed to be left in, as such as are to be removed from the vessel) in cases where the 
cargo shall consist partly of enumerated articles, and partly of non-enumerated articles, 
shall commence and be computed from the day on which the whole of the enumerated 
articles shall have been removed from the vessel importing the same, to be opened and 
aired in the manner before directed (except as hereinbefore particularly excepted.) 

XXXVI. The quarantine of thirty days to be performed by all vessels arriving without 
clean bills of health, but with cargoes wholly consisting of articles considered as not 
susceptible of infection, and not enumerated, shall commence and be computed from 
the day on which the quarantine guardians shall be put on board. 

XXXVII. All vessels, and all persons, goods, wares, and merchandises on board 
thereof, arriving with suspected bills of health (commonly called touched patients or bills) 
shall respectively perform quarantine, and be treated in the same manner as above 
directed, concerning vessels arriving without foul bills of health ; and persons, goods, 
wares, and merchandises, arriving in such vessels, except only that such vessels, per¬ 
sons, goods, wares, and merchandises, so arriving with suspected bills of health, shall 
respectively be subject to ten days less quarantine. 

XXXVIII. With respect to all vessels whatsoever having on board any of the articles 
enumerated as before stated, and intending to import the same into any port or place in 
the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, from 
any port or place in Europe without the Straits,* or on the continent of America, at 
which there is not a regular establishment for the performance of quarantine, declared 
sufficient by his Majesty in council, as aforesaid ; the master or other person having 
charge of every such vessel is hereby required to bring with him a declaration made by 
the owner, proprietor, shipper, or consignee of such vessel, or of the goods, wares, and 
merchandises enumerated as aforesaid on board the same respectively, upon oath before 
some magistrate of the port or place from whence such master or other person having 
the charge or command of such vessel shall have brought the said goods, wares, and 
merchandises, and attested by such magistrate, and also by the British consul or vice- 
consul, or in case there shall be no British consul or vice-consul there, then by two 
known British merchants; in which declaration it shall be slated, either negatively, 
that the said enumerated goods, wares, and merchandises, are not of the growth, pro- 

* See Vessels from Bordeaux, page 308. Vide also Letters, page 309. 



307 


QUARANTINE LAWS. 

duce, or manufacture of Turkey, or of any place in Africa, within the Straits of 
Gibraltar, or in the West Barbary, on the Atlantic Ocean; or affirmatively, of what 
place they are the growth, produce, or manufacture ; and if they are of the growth, 
produce, or manufacture of any of the countries last mentioned, then it shall be stated 
m such declaration whether the said vessel is or is not the same in which the enumerated 
goods, wares, and merchandises so imported, were brought from Turkey, or from any of 
the countries last mentioned ; and in case the vessel is the same, the master or other 
person having the charge or command of such vessel, is hereby required to bring with 
him the bill or bills of health, granted at the port where any such goods were originally 
taken on board, or copies thereof attested by a notary public ; and if the vessel having 
on board such goods, wares, and merchandises, shall be other than that in which they 
were imported into any port or place in Europe without the Straits, or on the conti¬ 
nent of America, at which there is not a regular establishment for the performance of 
quarantine, declared sufficient by his Majesty in council as aforesaid, the master or other 
person having the charge of such vessel is hereby required to bring with him a declara¬ 
tion, made and attested in like manner as the declaration before mentioned, in which it 
shall be stated whether the said enumerated goods, wares, and merchandises, were im¬ 
ported into the ports of the countries last mentioned in a vessel with or without a clean 
bill of health ; and such master or other person having the charge of any such vessel, 
if the same shall be bound to the port of London, or to the river of Thames or Medway, 
shall forthwith produce such declaration or declarations (as the case may be) to the 
superintendant of quarantine, or his assistant at Standgate Creek or Milford Haven, or 
if the same shall be bound to any of the out-ports or islands aforesaid, to the superin¬ 
tendant of quarantine, or his assistant, or to the principal or other officer of the Customs 
authorized to act in that behalf at such out-port or place; and if it shall appear that 
none of the said enumerated goods, wares, or merchandises on board such vessel are of 
the growth, produce, or manufacture of Turkey, or of any place in Africa, within the 
Straits of Gibraltar, or in the West Barbary, on the Atlantic Ocean, such vessel im¬ 
porting the same shall not be obliged to perform quarantine, but shall, on production of 
such declaration to the superintendant, or his assistant, or to the principal or other 
officer of the customs as aforesaid, be admitted to an entry in the usual and legal man¬ 
ner ; but if it shall appear that such enumerated goods, wares, or merchandises, ox any 
part thereof, are of the growth, produce, or manufacture of any of the countries last 
mentioned, or if no such declaration shall be produced by the master or other person 
having the charge of such vessel as aforesaid, then the superintendant of quarantine, 
or his assistant, or the principal or other officer of the customs authorized to act in that 
behalf as aforesaid, at the port or place at which such vessel shall arrive, as the case 
may be, shall take care that every such vessel, as well as the officers, crew, passengers, 
and the entire cargo on board the same, shall perform quarantine, according to the 
nature of the case, at such and the same places as are hereinbefore appointed for the 
performance of quarantine for the same time, and in the same manner as vessels, their 
officers and crews, passengers and cargoes, coming from the Mediterranean, or from 
the West Barbary on the Atlantic Ocean, with clean bills of health, are hereinbefore 
respectively required to perform quarantine. 

Provided always, that if the master or other person having charge of any vessel 
coming from any port or place whatever at which there is no regular establishment of 
quarantine declared sufficient by his Majesty in council, shall bring with him a declara¬ 
tion on oath made by the owner, proprietor, shipper, or consignee of such vessel, or 
for the goods, wares, and merchandises on board thereof respectively, before the British 
consul, or vice consul residing at or near such port or place, to the same purport and 
effect as aforesaid, that then and in such case the declaration so made as last aforesaid, 
shall have the like force and effect to all intents and purposes whatever as if attested 
and sworn before a magistrate in manner aforesaid, 

XXXIX. All vessels arriving in the ports of the United Kingdom, or the islands of 
Guernsey, Jersey, Alderney, Sark, or Man, having come from the Mediterranean, or 
from the West Barbary on the Atlantic Ocean, which, with their officers, crews, pas¬ 
sengers, and cargoes, shall have previously performed quarantine in the lazaret of 
Malta, Ancona, Venice, Messina, Leghorn, Genoa, Trieste, or Marseilles, shall upon 
their arrival be put under quarantine in some of the ports or places hereinbefore 
appointed for the performance of quarantine, until the commander, master, or other 
person having the charge of such vessel shall have produced to the superintendant of 
quarantine or his assistant, or to the principal or other officer of the customs authorized 
to act in that behalf, the proper documents to prove that such vessel, and the officers, 
crew, passengers, and cargo on board the same, have duly performed quarantine in one 
of the lazarets last mentioned ; and upon so producing such documents the said vessel 
shall not be obliged to perform quarantine, but shall, together with the goods, wares, 
and merchandises on board thereof, remain at such quarantine station until duly released 
by order in council. 

x 2 


308 QUARANTINE LAWS. 

XL. All masters or other persons having the eharge of any vessels clearing outward* 
from any port or place in the United Kingdom or the islands aforesaid for any port or 
place in the Mediterranean, or in the West Barbary on the Atlantic Ocean, or for any 
port or place respecting which there shall at the time of such clearing out be any order 
of his Majesty in council in force, subjecting vessels coming from thence to quarantine, 
shall receive from the principal officers of the customs at such port or place a printed 
paper containing an abstract of such quarantine regulations as shall be thought necessary 
to be most generally notified and observed by such masters, their officers, crews, and 
passengers on board ; and every such master, or other person having charge of any such 
vessel, shall cause the said printed paper to be affixed on some convenient and con¬ 
spicuous part of his said vessel, and there to remain so affixed until the return of his 
said vessel to some port or place in the United Kingdom or the islands aforesaid, pro¬ 
vided the said vessel shall return to the United Kingdom or the islands aforesaid within 
twelve months 

XLI. Every commander, master, or other person having the charge or command of 
any vessel about to'sail from any port or place in the United Kingdom, or the islands 
aforesaid, for any port or place in the Mediterranean, or in the West Barbary on the 
Atlantic Ocean, or for any port or place respecting which there shall at the time of such 
clearing out be any order of his Majesty in council in force subjecting vessels coming 
from thence to quarantine, shall, before his departure, provide and take on board one or 
more of the quarantine signal flags and lanterns, directed by the hereinbefore recited 
act of parliament, and likewise a proper quantity of materials and instruments for 
fumigation and immersion, and shall keep the same on board, to be used in the manner 
hereinbefore directed upon the return of such vessel to any port or place in the United 
Kingdom. 

XL1I. The commanders of any of his Majesty's ships of war, who shall meet any 
vessel liable to perform quarantine, coming to any of the ports of the United Kingdom, 
or of the islands of Guernsey, Jersey, Alderney, Sark, or Man, shall take due care to 
prevent the landing of any goods, wares, merchandises, or persons from on board the 
same, until they shall be put under the direction of the superintendant of quarantine 
or his assistant at Standgate Creek, or Milford Haven, or under the direction of the 
sup°rintendant or his assistant, or the principal or other officer of his Majesty’s customs, 
authorized to act in that behalf as aforesaid, at any of the out-ports or places herein¬ 
before mentioned. 

XLIII. The commissioners and other officers of his Majesty’s customs shall use their 
utmost diligence and care that all regulations, for the performance of quarantine before 
directed, be duly observed. 

XLIV. The commanders of his Majesty’s ships of war, as likewise the commanders 
of his Majesty’s forts and garrisons lyin^ near the seacoasts, and all justices of the 
peace, mayors, sheriffs, bailiffs, chief magistrates, constables, headboroughs, tithingmen, 
and all other officers and ministers of justice, shall be aiding and assisting to the said 
superintendants of quarantine and their assistants, and to the principal and other officers 
of his Majesty’s customs, and to all others that shall be concerned in stopping such 
vessels as aforesaid, and in bringing them to the places appointed for the performance 
of quarantine, as well as in enforcing due performance thereof. 

XLV. 1 his order and the regulations herein contained shall take effect and be in 
force from and after the date hereof. 

XLV1. And the lords of his Majesty’s treasury, the commissioners for executing the 
office of lord high admiral of Great Britain, the lord warden of the Cinque Ports, the 
master general, and the rest of the principal officers of the ordnance, his Majesty’s secre¬ 
tary at war, and the governors and commanders in chief for the time being of the islands 
of Guernsey, Jersey, Alderney, Sark, and Man, are to give the necessary directions 
herein as to them may respectively appertain. 


C. C. GREVILLE. 


QUARANTINE. 


309 


Vessels from Bordeaux. 

By an order in council, dated June 1, 1826, reciting 1 , that there is 
at present in the port of Bordeaux a regular establishment for the per¬ 
formance of quarantine, and all necessary precautions are there taken 
for preventing the introduction of the plague, or any other infectious 
disorder, by the importation of articles from Turkey or elsewhere, and 
such establishment is by his Majesty, by and with the advice of his privy 
council, hereby declared sufficient for the due performance of quaran¬ 
tine : it is ordered, that from and after the date of this order, the masters 
of vessels arriving in any of the ports of the United Kingdom, or of the 
islands of Guernsey, Jersey, Alderney, Sark, or Man, from the said port 
of Bordeaux, having taken on board at the said port any of the articles 
enumerated in the said order of July 19, 1825, shall not be required to 
produce the declarations described in the thirty-eighth section of the said 
order. 


Council Office, Whitehall, 

2 6th January , 1827. 

Sir, —Having laid before the lords of his Majesty’s most 
honourable privy council the copy of a memorandum received from Mr. 
Roth, his most Christian Majesty’s charg6 d’affaires at this court, 
wherein it is stated that, notwithstanding the order in council of the 
19th July, 1825, vessels departing from Bordeaux are still required 
by his Majesty’s consul at that port, to take from him certificates of 
origin for certain susceptible articles; I am directed to acquaint you, 
that it was not intended that the consular declarations referred to in 
Mr. Porter’s letter of the 15th September last,* should be required for 
vessels coming from Bordeaux , having on board any of the articles 
therein enumerated, provided such articles were taken on board at Bor¬ 
deaux from the shore; but that their lordships are of opinion that such 
declarations should be required in all cases (if any such should occur) 
where any of the articles in question shall have been shipped into the 
importing vessels from some other vessel at that port. 

I am, &c. 

(Signed) JAMES BULLER. 

Joseph Planta, Esq. 

Vessels from Gibraltar. 

Great inconvenience having arisen from vessels arriving from Gibral¬ 
tar at any of the outports, and being ordered to perform quarantine at 
Standgate Creek and Milford Haven , Mr. Buller’s letter, dated 14 
October , 1828, states it to be their lordships’ opinion, that vessels arriv¬ 
ing from Gibraltar with suspected bills of health may be permitted to 
perform quarantine at the port at which they may arrive. 

Consular Declarations of Origin^ 

By Mr. Buller’s letter, dated 29 October , 1825, the commissioners of 
the customs were instructed to direct their officers to dispense with the 

* See this order, page 310. 

f The consul’s fee for certificate of origin, when required, is two dollars. Vide the 
Act, 6 Geo. IV. c. 87. Part II. 



310 


QUARANTINE. 

declarations required by the thirty-eighth section of the order in council 
of the 19 July, 1825, till the 1 February, 1826, for the European 
Trade, and the 1 April for the American Trade; and that they should 
also take such measures as they may think most advisable for apprizing 
the masters of vessels, that after that period they will be required to 
produce the declarations in question. By a further letter, dated 31 
January, 1826, Mr. Buller acquainted the commissioners of the cus¬ 
toms, that if any vessels should arrive from the north of Europe not 
provided with the certificate required as above, the said certificate may, 
until further orders, be dispensed with as recommended in the above 
letter. 


Council Office, Whitehall, 

13 th December, 1826. 

Sir, — I herewith transmit, by direction of the lords of his 
Majesty’s most honourable privy council, copies of letters (the following 
one and two on the subject of Rags) which have been written to his 
Majesty’s secretary of state for foreign affairs, on the subject of consular 
declarations of origin, and certificates, in reference to some of the 
articles enumerated in section 31 of the quarantine order of 19th July, 
1825. And I am to desire that you will lay the same before the 
commissioners of his Majesty’s customs for their information, and in 
order that they may give the necessary instructions in conformity 
therewith to the masters of all vessels whom it may concern, it being 
their lordships' intention strictly to enforce the production of such decla¬ 
rations and certificates by the masters of all vessels having on board 
any of the articles referred to in the letters herewith transmitted , after 
such instructions shall have been delivered to the masters of such 
vessels. I am to add that the directions contained in Mr. Buller’s let¬ 
ters to you of the 29th October, 1825, and 31st January, 1826,* for 
dispensing with the productions of consular declarations and certificates 
in certain cases therein mentioned, are to remain in force until further 
order, so far as the same apply to such of the enumerated articles as 
are not mentioned in the letters herewith transmitted. 

I am, Sir, 

Your obedient servant, 

C. C. GREVILLE. 

Thomas Whitmore, Esq. 


Office of Committee of Privy Council for Trade, 
Voth September, 1826. 

Sir, —It being now considered necessary to require consular 
declarations of origin, as to the produce or manufacture of the follow¬ 
ing articles only, on their conveyance to this kingdom from ports or 
places in Europe, viz.— 

Cotton, 

Wool, 

Silk, 

Hemp or Flax, 

Hair, 


of all kinds, unmanufactured. 



QUARANTINE. 


311 


Leather, 

Skins, 

Hides and Furs, 

Carpets, 

Ostrich Feathers and Sponges, 
* Rags, 

Cotton Y arn. 

Mohair Yarn and Feathers, 


► generally. 


I am directed by the lords of the committee of privy council for trade 
to acquaint you therewith, and to convey their lordships’ request, that 
his Majesty’s several consuls in Europe may be instructed to pay strict 
attention thereto. 

I am, &c. 

(Signed) JOHN PORTER, 

In the absence of the Secretary. 

Joseph Planta, Esq. 


Council Office, Whitehall, 
6th April , 1827. 

Sir, — I am directed by the lords of his Majesty’s most 
honourable privy council to acquaint you, that it is their lordships* 
pleasure that the regulations referred to in my letter to you of the 13th 
December last, respecting the production of quarantine certificates, 
should be dispensed with until further order, so far as regards the arti¬ 
cles of Hemp, Wool, Flax, Hair, Feathers, Furs, Leather, Hides, and 
Skins, coming to this country from any Russian port in the Baltic, or 
the White Sea, or from any port in the dominions of Russia; and I am 
therefore to request that you will move the commissioners of his Ma¬ 
jesty’s customs to give the necessary directions to the pilots and proper 
officers to that effect; and that they will also take such measures as 
they may deem advisable for communicating this circumstance to the 
masters of vessels engaged in the trade with those ports. 

I am to add, that consular certificates are to be produced for the re 
maining articles alluded to in my letter, viz.—Cotton, Silk, Carpets, 
Rags, Cotton Yarn, Ostrich Feathers, Sponges, and Mohair Yarn. 

1 am, Sir, &c. &c. 

C. C. GREVILLE. 


Council Office, Whitehall,!th June , 1827. 

My Lord, — The lords of his Majesty’s most honourable privy 
council having had under consideration the copy of a letter from his 

Majesty’s consul at-, wherein he complains of a practice adopted 

by some of the merchants in that port, of signing certificates of origin 
for each other for goods shipped from that port, without reference to 
the consul, &c., I am to state, that their lordships conceive that the 
permission given to merchants to sign such documents, in certain cases, 
applies only to those places where no British consuls or vice consuls are 
resident. 

I have, &c. 

Marquis of Clanricarde, (Signed) JAMES BULLER. 

4*c. Sfc. Sfc. 

* The declaration to accompany rags from all ports in Europe, to state whether 
they have been washed or otherwise purified. (Order dated 11 Dec. 1826.) 






3] 2 


QUARANTINE. 


* Council Office, Whitehall , 

2Wi Avgust , 1827. 

Sir, —The lords of his Majesty’s most honourable privy 
council having had under their consideration various petitions from 
merchants and ship owners, trading to the Mediterranean and the 
Levant, praying for relaxations in the laws relating to quarantine, &c. 
Their lordships have come to the determination of appointing medical 
superintendants at the regular quarantine ports * where it may be 
thought necessary, and of directing and empowering the superintend¬ 
ants of quarantine at those ports, under a certificate from the medical 
superintendant, that all persons on board are in good health, and that 
no danger is to be apprehended from any disease of a suspicious nature 
as to infection having prevailed on board during the voyage, immedi¬ 
ately to release from quarantine all vessels arriving under the following 
circumstances , viz.— 

1st. All vessels with clean bills of health having wow-enumerated 
goods only on board, coming from any Ports or Places in the Mediter¬ 
ranean, under the Dominion or Protection of Great Britain; or under 
the Dominion of France, Spain, Italy, Austria, or Sardinia. 

2d. All vessels arriving with clean bills of health from any of the 
ports or places above described, having on board any of the following 
enumerated goods, being the only enumerated goods for which declara¬ 
tions of origin are now required, viz.— 


Cotton, 

Hair, 

Hides, 

Wool, 

Furs, 

Sponges, 

Silk, 

Carpets, 

Ostrich Feathers, 

Flax, 

Leather. 

Cotton Yarn, 

Hemp, 

Skins, 

Mohair Yarn, 


provided the master of such vessel shall produce certificates or declara¬ 
tions to prove, that such goods are not the produce of Turkey, or of 
Africa within the Streights, or of West Barbary on the Atlantic—or 
that they are the produce of some other country. 

3rd. Vessels with clean bills of health arriving from any of the 
acknowledged lazaret ports within the Streights, viz.— 

Malta, Messina, Trieste, 

Ancona, Leghorn, Marseilles, 

Venice, Genoa, 

and having enumerated goods on board, provided the master of the 
vessel shall declare upon oath that he received the goods on board from 
the shore , at such lazaret port. 

The superintendant of quarantine, on releasing any vessel, shall de¬ 
liver to the master or other person having the command of such vessel 
a certificate, signed by the said superintendant, which certificate the 
master will produce at the port of entry to the proper officer of the cus¬ 
toms, previous to the vessel being admitted to entry. 

The remainder of the letter relates to the duty of the superintendants. 

I am, Sir, 

Your most obedient humble servant, 
Thomas Whitmore , Esq. C. C. GREV1LLE. 


* These are—Milford, Liverpool, Standgate Creek, and Deal; and by Order, dated 
15 September, 1827, the above order is extended to the ports of Portsmouth, Plymouth, 
Falmouth, Bristol, Hull, Leith, and Greenock. 



QUARANTINE. 


313 


t 

IRELAND. 

Council Office , Whitehall , 

Sir, \bth February, 1830. 

I have laid before the lords of his Majesty’s most 
honourable privy council your letter of the 28th ult. enclosing copy of a 
letter from the secretary of the customs, with its enclosures, relative to 
the proposed plan of extending to Ireland the quarantine regulations, 
at present established in England. * * * 

I am now, therefore, directed to acquaint you, for the information 
of the lords’ commissioners of his Majesty’s treasury, that the lords of 
the council are of opinion that the commissioners of his Majesty’s cus¬ 
toms should be directed to take the necessary steps for establishing 
without loss of time in the ports of Dublin, Cork, and Belfast, qua¬ 
rantine regulations similar to those which have been adopted in Eng¬ 
land, and which were transmitted in my letter to the secretary of the 
customs on the 27 th August, 1827, (vide page 312.) The lords of the 
council, are of opiniJk, that the additional fee to be charged in Ireland 
on each vessel subject to quarantine should be two guineas, and that 
the same should be placed to the credit of the revenue of customs. The 
ancient fee of £2. 12s. 6d. payable to the clerk of the council in Ireland 
is to be collected by the officers of the customs, and paid over by them 
to the clerk of the council quarterly. 

******* 

All vessels liable to quarantine arriving at at any other ports in 
Ireland than the three before-mentioned, are to be released, as at pre¬ 
sent, by order from the lords of the privy council in Dublin; and it 
must be understood by the ship-owners and others, that as there is no 
quarantine station in Ireland, with a regular establishment of lazarets, 
any vessels leaving the Mediterranean with a cargo or part of a cargo 
of susceptible or enumerated articles requiring expurgation in a lazaret, 
ought to proceed for that purpose to Milford Haven ; as in the event 
of any vessel arriving at any port in Ireland with any part of her cargo, 
consisting of such articles, she will be required to repair to Milford for 
the purpose of expurgation, or the parties, as an indulgence, (when 
there is only a small quantity of enumerated articles on board,) may be 
permitted to hire a vessel in the port of arrival for that purpose, at their 
own expence. 

Each vessel to pay <£2. 2s. to the medical gentleman who examines 
the passengers and crew for their certificate. 

I am, &c. &c. 

(Signed) C. GREVILLE. 

G. R. Dawson, Esq. 


Decided Cases. 

In the case of ships coming from Turkey, and obliged to perform 
quarantine before their entry into the port of London , it was usual for 
the consignee to send down persons at his own expence to pack and 
take care of the goods; and where a consignee had omitted to do so, 
and the goods were damaged by being sent on shore loose, Lord Kenyon 
decided that he had no right to call upon the master for compensation. 
Dunnage v. Jolliffe. Guildhall. M. T. 1789. 


314 


QUARANTINE 


Court of King’s Bench, Sheer v. Marshall and, others. 

The plaintiff in this action was a corn-merchant, and the defendants 
the owners of a vessel called the Wistow, which had been engaged by 
the former to bring home a full cargo of wheat from Odessa. The 
vessel having taken in her cargo, sailed from that port, and on her 
voyage touched at Constantinople , and took in some bales of silk; on 
her arrival in the river she was ordered under quarantine into Stand- 
gate Creek, where, by the orders in council, had she sailed under a 
clean bill of health, and with a cargo solely of corn, she would have been 
required to lie for ten days; but as by those orders there were certain 
specified articles which subjected vessels to a quarantine of twenty 
days, and amongst them w T ere silks, &c., on its being discovered that 
these formed a part of her cargo, she was ordered to remain for the 
longer period , after having delivered the silks to the place appointed by 
the orders. On this a petition was presented to the lords of the council, 
stating the perishable nature of the cargo, and the damage it was sus¬ 
taining on board the vessel, but without effect. This, however, was 
repeated, and permission given to discharge the wheat into lighters. On 
the eleventh day some of this was so discharged, but the lighter was 
compelled to remain under quarantine. In the result the vessel was at 
the expiration of the full period brought into St. Katharine’s Dock, but 
the wheat was not landed for some days. During this delay the price 
of wheat had fallen some shillings per quarter; the price which could 
have been obtained, at the expiration of ten days, was 60s. per quarter; 
that at which it was sold was, for 900 quarters, 54s. per quarter, and 
for 1000 quarters, the remainder of her cargo, only 51s. per quarter; 
and the object of the present action was to recover from the defendant 
the difference which had arisen in consequence of this delay; it was 
contended on the part of the plaintiff, that the delay had arisen owing 
to the defendants having departed from the terms of the engagement, 
by increasing the cargo, which was to have been a full one of corn, by 
taking in a prohibited article. 

On the part of the defendants it was contended, that, according to 
the charterparty, the captain was not prohibited from taking in any of 
the enumerated articles, of which silk was one, at Odessa; and if that 
was the case, it was a matter perfectly immaterial whether it was taken 
in there or at Constantinople, as it was the commodity, and not the 
place, against which the quarantine laws were directed ; besides which, 
there was a portion of the wheat brought over in sacks, and as canvass 
was one of the articles enumerated, the addition of the silk would not 
alter the question. But the real state of the case was, that when the 
plaintiff was told how matters stood, he forwarded a petition to the 
privy council, and obtained leave to land the wheat on the eleventh 
day, but, calculating from the state of the weather, which at the time 
was very rainy, that a rise would take place, he did not act on that 
permission, but purposely delayed the landing and sale of the wheat: 
therefore it was too much for him to come on the defendants to make up 
that loss, which had been caused by his own acts. 

Lord Tenterden, in summing up to the jury, said—this was an ac¬ 
tion to recover compensation from the defendant for loss sustained in 
the value of a cargo of wheat by delay, arising from a vessel being ex¬ 
posed, from an act of the defendant, to an extra period of quarantine. 
The defendant having agreed to take in a cargo of wheat at Odessa on 


QUARANTINE. 315 

account of the plaintiff, after taking in such cargo, the master on his 
voyage stopped at Constantinople, and took in some bales of silk, by 
doing which the vessel was detained for a longer period in quarantine 
than she would have been had no such silk been taken in, by which act 
the sale of the wheat was prejudiced ; for although there was no special 
contract, yet the master had no right to take in a cargo which would 
subject the ship to a further detention. The learned judge then said, 
that if they thought that but for the act of the defendants the cargo might 
have been landed earlier, and a sale have been made, they would give a 
verdict for the plaintiff, with damages not exceeding 2s. per quarter. 
But if they were of opinion that he might have sold it, and could have 
had it landed at an earlier period, then they would give the verdict for 
the defendant. 

The jury, after consulting together some time, retired, and on their 
coming into court they gave a verdict for the plaintiff with 191/. 
damages. Guildhall. Sittings after M. T. 1831. 


Fumigation. 

It now remains to state the best mode of fumigating vessels and 
apartments infected with infectious diseases, and to offer such hints as 
are applicable to the subject. 

Odoriferous woods, gums, sweet herbs, and aromatics, have been re¬ 
commended as fumigations, but with little certainty as to their effects ; 
perfumes still less so; besides which, they rather conceal the mal-aria 
than correct contagion. The evaporation of common vinegar by heat 
is often employed as a fumigation, but the acetic acid or radical vinegar 
is better; its powers are however limited to a small space, and therefore, 
though it may be useful about the persons of those who attend the sick, 
it is inadequate to the purification of large rooms. 

The stronger and better fumigations are the nitrous or marine acid, 
and the oxymuriatic acid vapour, the former of which is made thus: 
half an ounce of nitre reduced to powder and vitriolic acid (oil of vitriol) 
in equal quantities, mixed in small pots, and placed in various parts of 
the room. 

Oxymuriatic acid, which is more powerful, is prepared thus :— 


Manganese. 2 parts. 

Common salt. 4 parts. 

Vitriolic acid, specific gravity 1*85 . . . 3 parts. 

Water. 1 part. 


To a small quantity of the mixture of the manganese and sait, (sup¬ 
pose three ounces,) the whole of the water is to be added, (half an 
ounce,) and to this, in a pot large enough to prevent the ebullition from 
flowing over, add the vitriolic acid from time to time. This will keep 
up for twenty-four hours a discharge of the oxygenated muriatic acid, 
of which the smell is not unpleasant, and the vapour gives no annoy¬ 
ance to either the sick or the attendants. 

Where ships or hospitals are highly infected with the plague, it will 
be necessary for them to undergo a stronger fumigation of sulphur, but 
that being attended with danger should only be done by persons pro¬ 
perly acquainted with the manner of doing it; they should afterwards 
be white- washed, and the floors well scoured. 





216 QUARANTINE. 

It may be stated once for all, that the great object of quarantine laws 
is the separating of those affected, or suspected to be affected with an 
infectious distemper, from those who are not, and nothing would be so 
salutary or absolutely necessary as instantly separating the sick from 
those who are well. 

The following precautions should also be attended to :— 

The clothes of the sick should at all times, when changed, be removed 
by tongs, and not by handling, and should be put into cold water and 
boiled for an hour, and afterwards well washed in washing machines, 
and then fumigated; or they may be baked in an oven ; but the safer 
mode would be to have them destroyed, especially if not valuable. 

Those who attend about the person of the sick should remain as 
short a space of time as is consistent with their duty, and to avoid as 
much as possible all contact with his person or his bedding, clothes, 
&c. And they might be furnished with gloves made of oiled silk, as 
well as dresses made of the same article. The cup or glass out of which 
he drinks should be immediately plunged into water or vinegar, as well 
as any article he touches or uses. Whatever he Teaves of his meals 
should be burnt or wholly destroyed. The excrementitious discharges 
should also be received into cold water, and instantly removed out of 
the room. If the sick die, he should be immediately wrapped in oiled 
cloth or a tarpaulin, and be speedily buried at the depth of six or seven 
feet. 

With respect to the bed and bedding upon which the sick has died, 
it would be best to have it burnt immediately; at all events, it must on 
no account be used till it has been baked in an oven for twelve hours 
(being rolled up and removed with every possible care, that it be as 
little handled as possible). It should be afterwards exposed to the open 
air for at least fourteen days before it is again used. 

Furniture consisting of chairs, bedsteads, &c. should be scoured and 
fumigated with sulphur and saw-dust for twenty-four hours, first re¬ 
moving every person out of the apartment, as no living creature can 
exist in the fumes for any length of time. 

Ships and apartments might be fumigated in like manner, and after¬ 
wards purified by the admission of as much air as is practicable, and 
also by scraping and washing the walls with lime-water, and the floors 
with plenty of cold water. 

And lastly, we cannot inculcate too much the fact, that the best pre¬ 
ventive of infectious disease, and the surest mode of diminishing the 
effects of its contagion, is by the free admission of pure air, (even in the 
room of the sick, who, to admit of its free circulation, should not have 
curtains,) by the greatest attention to cleanliness, and by the removal 
of the rest of the people to a place of observation. 


PASSENGERS. 


317 


> 


CHAPTER VII. 


PASSENGERS IN SHIPS. 


NOTICE. 

If any passenger or other person on board any vessel or boat shall, 
upon being questioned by any officer of the customs whether he has 
any foreign goods upon his person, or in his possession, deny the same, 
and any such goods shall, after such denial, be discovered upon his per¬ 
son, or in his possession, such goods shall be forfeited, and such person 
shall forfeit treble the value of such goods. But before any person can 
be searched, he may require to be taken before a justice of the peace, or 
a superior officer of the customs. See Smuggling, 6 Geo. IV. c. 108. 
§ 37 and 38. Part II. c. III. 


AVIS. 

Si un voyageur ou autre individu a bord d’un batiment est interroge 
par un employe de la douane, s’il a de la marchandise etrangere sur sa 
personne, ou en sa possession, et reponde ne'gativement; et si apres ce 
dthii, on decouvre quelque marchandise de cette sorte sur sa personne, 
ou en sa possession, elie sera confisquee; et le dit individu sera con- 
damne b. payer une amende de trois fois la valeur de la marchandise 
saisie. Mais avant que d’etre fmille, tout individu dans le cas ci-dessus, 
peut reclamer d’etre me'ne devant un juge de paix, ou devant un officier 
superieur de la douane. 


ANZEIGE. 

Wenn irgend ein reisender oder sonst jemand, an bord eines schiffes 
oder botes, von einem zoll-bedienten befragt wird, ob er fremde waaren 
bey sich oder in seinem besitz habe, und er dieses laugnet, und darnach 
dennoch solche waaren bey ihm oder in seinem besitz entdeckt werden, 
soil derselbe solcher waaren verlustig seyn, und noch iiberdem eine 
geld busse von deren drey fachen werth erlegen. 

Bevor aber irgend jemand sich braucht durchsuchen zu lassen, darf 
er verlangen, vor einem friedens-richter oder einem ober zoll-beamten 
gefiihrt zu werden. 



318 


PASSENGERS. 


The former laws relating to this subject were repealed by 6 Geo. IV. 
c. 105, and the regulations by 6 Geo. IV. c. 116, having been sub¬ 
sequently repealed by the 7 and 8 Geo. IV. c. 19, the following will be 
found to be the enactments now in force. 

9 Geo. IV. c. 21. 

An Act to regulate the carriage of passengers in Merchant Vessels from 

the United Kingdom to the Continent and Islands of North America. 

(Passed May 23, 1828.) 

Number of passengers , fyc. —No ship shall sail from any port or place 
in the United Kingdom, or in the islands of Guernsey, Jersey, Alder¬ 
ney, or Sark, or in the Isle of Man, on any voyage to or for any port or 
place in his Majesty’s possession on the continent or islands of North 
America, with more persons on board than in the proportion of three 
persons for every four tons of the registered burthen of such ship, the 
master and crew being included;—and no ship registered as having 
more than one deck shall carry any passengers upon any such voyage, 
unless she shall be of the height of five feet and a half at the least 
between decks ;—and no ship registered as having only one deck shall 
carry any passengers upon any such voyage, unless a platform shall be 
Jaid beneath such deck, in such a manner as to afford a space of the 
height of at least five feet and a half:—Provided always, that two 
children each being under the age of fourteen years, or three children 
each being under the age of seven years, or one child being under the 
age of twelve months with the mother of such child, shall in all cases be 
computed as one person for the purposes hereinbefore and hereinafter 
mentioned. § 1. 

Water and provisions. —No ship carrying passengers shall clear out 
for such voyage from any port in the United Kingdom, or the islands 
of Guernsey, &c. until there shall be actually on board such ship good 
and wholesome provisions for the use and consumption of the said pas¬ 
sengers, to the amount or in the proportion following, viz. a supply of 
pure water to the amount of fifty gallons for every person on board such 
ship, the master and crew included, (such water being carried in sweet 
casks;) and a supply of bread, biscuit, oatmeal, or bread stuffs, to the 
amount of fifty pounds weight, at the least, for every passenger on 
board such ship. § 2. 

Stores. —No ship proceeding on any such voyage, and having on 
board the whole number of passengers allowed by this act, shall carry 
any part of her cargo, provisions, water, or sea stores between decks ; 


NOTICE. 

Custom-house, London , 

15 Sept. 1831. 

It having been represented to the commissioners of his Majesty’s customs that 
the regulations prescribed by the act of the 9 Geo. IV. c. 21, for regulating the car¬ 
riage of passengers in merchant vessels from the United Kingdom to the continent 
and islands of North America, have been violated in several instances, particularly in 
not having the necessary supplies of provisions and water, and in the conveyance of 
greater numbers of passengers than by the said act is allowed;—the said commission¬ 
ers hereby give notice, that they will, in any future infraction of the act, enforce in the 
strictest manner the penalties which may be incurred for any breach of the same. 

By order of the commissioners, 

THOMAS WHITMORE, 
Secretary. 



PASSENGERS. 319 

but it shall be lawful for any such ship, not having on board the whole 
number of passengers so allowed, to carry between decks, in respect 
of every passenger wanting of that number, any goods, provisions, 
water or sea stores, not occupying more than three cubical feet in space. 
§3. 

List of passengers to be delivered to the collector of customs , 8fc .— 
The master of every ship carrying passengers on any such voyage shall, 
before clearing out from any port or place in the United Kingdom, or 
the said islands of Guernsey, &c. deliver to the collector or other princi¬ 
pal officers of his Majesty’s customs at such port, a list in writing, speci¬ 
fying, as accurately as may be, the names, ages, and professions or 
occupations of all and every the passengers on board such ship, with the 
name of the port or place at which he hath contracted to land each ; 
and such collector or other chief officer shall thereupon deliver to the 
master a counterpart of such list, signed by him, the said collector, &c.; 
and the said master shall exhibit the said counterpart to the collector or 
other chief officer of his Majesty’s customs at each and every port or 
place in his Majesty’s possessions at which the said passengers or any 
of them shall be landed, and shall deposit the same with such collector 
or chief officer of customs at his final port of discharge in the said pos¬ 
sessions. § 4. 

Penalties. —If the master of any ship carrying passengers on any 
such voyage shall, without their previous consent, land or put on shore, 
or cause to be landed or put on shore, any passenger at any port or 
place other than the port or place at which he may have contracted to 
land such passenger, he (the said master) shall incur a penalty of 
twenty pounds for each passenger so landed or put on shore, to be re¬ 
covered in a summary way before any two justices of the peace in and 
for any province, district, county, or place in any of his Majesty’s pos¬ 
sessions on the continent or islands of North America, on the complaint 
of any such person, and to be levied by warrants under the hands and 
seals of such justices, upon the goods of any such offender. § 5. 

Misdemeanour , when master of ship guilty of —And if any ship 
carrying passengers on any such voyage, shall carry any number of 
passengers exceeding by more than one person in fifty the proportion 
allowed by this act;—or if the cargo, provisions, water, or sea stores of 
any such ship, or any part thereof, shall be carried between decks, con¬ 
trary to the provisions hereinbefore in that behalf made ;—or if any ship 
shall clear out or put to sea, not having on board such water and good 
and wholesome provisions as aforesaid, for the use and consumption of 
the said passengers to the amount or in the proportion hereinbefore 
required;—or if any such ship shall be cleared out from any port or 
place in the United Kingdom before such lists of passengers have been 
delivered to such officer as aforesaid;—or if any such list shall be wil¬ 
fully false, the master of the said ship shall be deemed guilty of a mis¬ 
demeanour, and may be prosecuted, tried, and convicted lor the same, 
either in the county in the United Kingdom from which the ship shall 
have sailed on such voyage, or in any other county of the United King¬ 
dom, or in either of the said islands of Guernsey, Jersey, Alderney, 
Sark, or in the Isle of Man, from which the ship shall have sailed on 
such voyage, or in any of his Majesty’s possessions abroad, to which 
such ship shall have sailed on such voyage :—Provided always, that no¬ 
thing herein contained shall take away or abridge any right of suit or 
action which may accrue to any passenger in any such ship as aforesaid, 
or to any other person, in respect of any breach of any contract made by 


320 PASSENGERS. 

or on the behalf of any such passenger or other person with the master 
or owner thereof. § 6. 

Bond to be given—limitation of actions. —Before any ship carrying 
passengers shall clear out for any such voyage from any port or place 
in the United Kingdom, or in the said islands of Guernsey, &c. the 
master shall enter into a bond to his Majesty, with one good and suffi¬ 
cient surety, (to be approved by the collector or other chief officer of 
customs at such port,) in the sum of one thousand pounds, the condi¬ 
tion of which bond shall be, that the said ship is seaworthy, and that 
all and every the rules and regulations made and prescribed by this act 
for the carriage of passengers shall be well and truly performed before 
and during such intended voyage, and that all penalties, fines, and for¬ 
feitures which the master of such ship may be sentenced or adjudged to 
pay for or in respect of the breach or nonperformance, before or during 
such voyage, of any such rules and regulations, shall be well and truly 
paid: Provided always, that such bond shall be without stamps; and 
that no such bond shall be put in suit, and that no prosecution, suit 
action, or information shall be brought under or by virtue of this act, 
or upon or by reason of the breach of any of the provisions thereof, in 
any of his Majesty’s possessions abroad after the expiration of twelve 
calendar months next succeeding the commencement of any such voyage 
as aforesaid, nor in the United Kingdom or any of the islands before 
mentioned, after the expiration of twelve calendar months next after the 
return of the master to the port or place from which he sailed on such 
voyage. § 7. 

This act not to extend to Post Office ships—nor to the Bahama 
Islands, nor to the West Indies. § 8, 9. 


4 Geo. IV. c. 88. 

An Act for regulating Vessels carrying Passengers between Great Bri¬ 
tain and Ireland. 

Number of passengers. —It shall not be lawful for the master of any 
vessel employed in the conveyance of passengers between Great Britain 
and Ireland, being of any burthen less than two hundred tons,* to have 
or take on board, or to carry or convey any greater number of persons 
than twenty as passengers from any port in Great Britain to any port in 
Ireland, or from any port in Ireland to any port in Great Britain, (un¬ 
less a licence for the conveyance of passengers shall have been previously 
granted to the owner or master of such ship, under the hand of the 
collector, comptroller, or other chief officer of the customs, at the port 
from which such vessel shall sail from Great Britain to Ireland, and 
from Ireland to Great Britain respectively;) and it shall be lawful for 
every such collector, &c. to grant and sign such licence without fee or 
reward, in such form and under such regulations as shall be directed 
by the commissioners of customs : Provided that no such licence shall 
be granted by such collector, &c. except upon such certificate as shah 
be required by the commissioners of the customs, that such vessel is sea¬ 
worthy and properly found in all respects ; and every such licence shall 


* By 9 Geo. IV. c. 76. § 29, it is enacted, that for the purposes of 4 Geo. IV. c. 88, 
intituled “ An Act for regulating vessels carrying passengers between Great Britain 
and Ireland,” every steum-vesset which is of the register tonnage of one hundred and 
forty tons or upwards shall be deemed to be a vessel of two hundred tons at least. 




PASSENGERS. 321 

remain in force for the space of one year from the date thereof, and no 
longer. § 1. 

Proportion of adult perso?is, or children. —It shall not be lawful for 
any master of any ship so licensed for the conveyance of passengers, 
which shall clear out from any port in the United Kingdom of Great 
Britain and Ireland, to havekon board at or after being cleared out at 
any one time, or to convey^arry, or transport from any port or place 
in Great Britain or Ireland respectively, in any such ship, a greater 
number of persons (exclusive of the ordinary crew of such ship or 
vessel) than in the proportion of five adult persons , or of ten children 
under fourteen years of age , or of fifteen children under seven years of 
age, for every four tons of the burthen of such ship ; and every such 
ship shall be deemed to be of such tonnage as is set forth in the respec¬ 
tive certificate of the registry of such ship; and if any such ship shall 
be partly laden with goods, wares, or merchandise, or horses or car¬ 
riages, then it shall not be lawful for the master to receive or take on 
board a greater number of persons (exclusive of the ordinary crew) than 
in the proportion of five adult persons , or of ten children under fourteen 
years of age, or of fifteen children under seven years of age, for every 
four tons of that part of such ship which shall remain unladen; and 
such goods, &c. with which such ship may 4 be partly laden shall, at the 
sight and under the direction of the collector or comptroller or other 
officer of the customs, at the port or place where such goods shall be 
taken on board, be stowed and disposed of in such a manner as 
to leave good, sufficient, and wholesome accommodation for the pro¬ 
portion of persons hereby allowed in such case to be received on board. 
§ 2 . 

Penalty on taking passengers without licence. —If any master of any 
such ship shall take on board any passenger, or if the owner shall en¬ 
gage to take on board any passenger beyond the number of twenty as 
aforesaid, without such licence being previously obtained by such mas¬ 
ter, &c. every such master, &c. shall forfeit the sum of fifty pounds; 
and if any master shall take on board, or if he or the owner shall engage 
to take on board a greater number of persons than in the proportion 
allowed by this act, such master, &c. shall forfeit the sum of five pounds 
for each and every or any such person, exceeding in number the pro¬ 
portion hereinbefore limited; and every such ship so having on board, 
or conveying or carrying any greater number than twenty persons 
without such licence as aforesaid first had and obtained, shall and may 
be seized and detained by the collector, comptroller, surveyor, or officer 
of the customs, until such penalty of fifty pounds shall be satisfied and 
paid. § 3. 

Merchant vessels, fyc. not to carry more than a certain number. —No 
master of any trading or coasting vessel, (not being wholly employed in 
the conveyance of passengers, and not licensed to carry any passengers 
pursuant to this act,)—whether si;ch ship or vessel shall be laden in part 
or in the whole with goods and merchandise, (not being the baggage of 
or belonging to any passengers,) — or shall be employed in the carriage 
or conveyance of cattle or pigs,—or shall be in ballast, shall sail from 
any port or place in Great Britain to any port or place in Ireland, or 
from any port or place in Ireland to any port or placd*4n Great Britain, 
with a greater number of persons than ten (exclusive of the ordinary 
crew of such ship or vessel) if such ship shall be of the burthen of one 
hundred tons or under, nor a greater number of persons than twenty 
(exclusive of the ordinary crew) if such ship shall be of a burthen 

Y 


3:22 


PASSENGERS. 


greater than one hundred tons, and not exceeding the burthen of two 
hundred tons; and if more persons shall be found or taken on board 
than in the proportion herein allowed, every such master shall forfeit 
the sum of Jive pounds for every person so taken on board beyond such 
proportion. § 4. 

An abstract of this act shall be printed under the direction of the 
commissioners of his Majesty's customs , and a printed copy shall be 
hung up in the custom-house of every port of the United Kingdom, 
and a printed copy of such abstract, and also a copy of the licence 
granted to the captain or owners of such ship, and a notice or statement 
of the number of persons allowed to be carried in such vessel, shall be 
hung up and affixed in some conspicuous place on the deck and in the 
cabin of every vessel carrying passengers under the regulations of this 
act; and the master shall cause the said copies to be kept and renewed, 
so that the same may be at all times accessible to every person on board 
such ship, upon pain of forfeiting the sum of ten pounds. § 5. 

Not to extend to certain vessels. —-Provided that nothing in this act to 
extend to ships in the service of his Majesty, or post-master-general, or 
of the commissioners of customs and excise, or of the East India Com¬ 
pany ; nor to any ship of the burthen of two hundred tons or upwards, 
nor to any ship employed in carrying troops. § 6. 

Penalties may be recovered before one justice of the peace. —All penal¬ 
ties and forfeitures for any offence against this act shall be recovered 
within three calendar months, in a summary way, by the order and ad¬ 
judication of any one justice of the peace for the county or place in 
which the port shall be situate, from which any such vessel shall depart, 
or at which any such vessel shall arrive, on complaint to such justice 
for that purpose exhibited ; and such penalty shall be levied, as well as 
the costs of such proceedings, on nonpayment, by distress and sale of 
the goods and chattels of the offender by warrant under the hand and 
seal of such justice ; and such justice is hereby authorized and required 
to summon before him any witness, and to examine him upon oath, of 
and concerning such offences, and to hear and determine the same; and 
the overplus (if any) of the money so levied or recovered, after discharg¬ 
ing the penalty or forfeiture for which such warrant shall be issued, 
and the costs, shall be returned upon demand to the owner of the goods 
or chattels so seized or distrained; and in case such penalty or for¬ 
feiture shall not be forthwith paid, then it shall be lawful for such justice 
to order the offender to be detained and kept in safe custody, until re¬ 
turn can be conveniently made to such warrant of distress, unless the 
offender shall give sufficient security for his appearance before such 
justice on such day as shall be appointed, not being more than seven 
days from the time of taking any such security; but if upon the return 
of such warrant it shall appear that no sufficient distress can be had 
thereupon, then it shall be lawful for such justice, or any other justice 
of the peace for such county or place as aforesaid, to cause such offender 
to be committed to the gaol of such county or place, there to remain, 
without bail or mainprize, for any term not exceeding two calendar 
months, unless such penalty and all reasonable charges shall be sooner 
paid ; and one moiety of such penalty shall be paid to the person who 
shall sue for the same, for his use and benefit, and the other moiety to 
the use of his Majesty. § 7. 

Persons aggrieved may appeal to quarter sessions. —Provided that if 
any person shall think himself aggrieved by any conviction in pursuance 
of this act, it shall be lawful to appeal to the justices of the peace at the 


PASSENGERS. 


3 23 


next general quarter session of the peace to he holclen for the county or 
place, such appellant (if there be sufficient time after the cause of such 
complaint shall have arisen) first giving ten days ’ notice at least in 
writing of his intention of bringing such appeal, to the justice whose 
conviction shall be so appealed against, and within seven days next after 
such notice entering into a recognizance before the said justice, with 
two sufficient sureties conditioned to try such appeal, and to abide the 
order of such justices at sessions thereon, and to pay such costs as shall 
be awarded by the justices at such quarter sessions ; and for want of 
sufficient time for giving such notice previous to the quarter sessions 
next after the cause of such complaint shall have happened, then such 
appeal, after such notice and under such recognizance, may be made at 
the second general quarter sessions of the peace to be holden for such 
county or place, &c. § 8. 

Proceedings not to be quashed for want of form. Limitation of 
actions, &c. § 9, 10. 


9 Geo. IV. c. 47. 

An Act for regulating the retail of exciseable Articles and Commodities 
to Passengers on board of Passage Vessels from one part to another 
of the United Kingdom . 

Master , 8fc. may be licensed to retail wine , Sfc. to passengers .—The 
commissioners of excise in England, and the commissioner and assistant 
commissioners of excise in Scotland and Ireland respectively, may at 
any time grant a licence to any master of any packet, boat, or other 
vessel employed for the carriage and conveyance of passengers from one 
part of the United Kingdom to another, or other parts thereof, or to any 
other person belonging to any such packet, boat, or vessel, who shall 
be nominated and approved of by the owner or director thereof, residing 
in England, Scotland, or Ireland respectively, (such nomination and 
approval being signified by their writing and subscribing a certificate 
or declaration, to be delivered by them to the commissioners of excise 
of that part of the United Kingdom in which the owner, director or 
directors, reside, or to such person as such commissioners in England 
shall appoint for that purpose,) to provide for, and to supply, retail, and 
sell to the passengers on board such vessel, to be consumed by them in 
and on board thereof during the voyage on which such passengers shall 
be then carried and conveyed, foreign wine , strong beer , cyder , perry, 
spirituous liquors, and tobacco; and that such licence shall continue in 
force until the 5th day of July next ensuing the date thereof; and such 
licence shall be transferable, by an indorsement thereon of such transfer, 
subscribed by the person to whom and in whose name the same shall 
have been granted, his executors or administrators, or by any assignee 
thereof, his executors or administrators, to any other master, or any 
other person of or belonging to the said vessel: or in case of the loss or 
breaking up of any such vessel before the expiration of any such licence, 
to the master or any other person of or belonging to any other vessel, 
of the same owners or companies, substituted in lieu of the said vessel 
in respect of which such licence was granted, and nominated and ap¬ 
proved of by the owners of such vessels, or the directors of such com¬ 
panies ; such nomination, approval, and transfer being signified by the 
subscription of such owners as aforesaid, or their executors, &c. or of 
such directors, to such indorsement; and that every such licence shall 

y 2 


324 PASSENGERS. 

from year to year be renewed before the expiration of the licence granted 
for the preceding year. §1. 

Duty on licence, one pound —to be paid at time of granting. § 2. 

'Penalty for selling wines, fyc. without licence. —If any person shall 
retail or sell on board any packet, boat, or other vessel employed for the 
carriage or conveyance of passengers from one part of the United King¬ 
dom to another part thereof, any foreign wine, strong beer, cyder, perry, 
spirituous liquors, or tobacco, without having taken out such licence, 
every such person shall for every such offence incur a penalty of ten 
pounds. § 3. 

Not to affect any regulation , fyc. respecting smuggling. —Nothing in 
this act shall extend to repeal any regulation, penalty, or forfeiture con¬ 
tained in or imposed by any law in force at the time of passing this act 
(July 15, 1828) for or in respect of any person carrying, removing, 
hiding, concealing, or landing any spirits, or any other goods or com¬ 
modities, on which the duties of excise chargeable and payable thereon 
have not been fully paid, or for or in respect of any vessel used or em¬ 
ployed for that purpose. § 6. 


Steam-vessels, in the ports, fyc. of Ireland. —By 9 Geo. IV. c. 11, 
(after reciting that by various Irish acts certain provisions were intro¬ 
duced whereby ships and vessels are prohibited from the use of fire in 
certain ports, rivers, and harbours within the kingdom of Ireland,) it is 
enacted, that from the passing of this act (April 3, 1828,) it shall be 
lawful to light and use fires on board all ships, vessels, boats, or barges 
propelled by steam, in or upon any port, harbour, river, canal, or lake, 
or any part thereof in Ireland : any act to the contrary notwithstanding. 

For the regulations for carrying aliens between Great Britain and 
Ireland, see the next Chapter. 


Decided Cases. 

Passengers must be considered to some purposes as only a portion 
of the crew at large. Thus, they may be lawfully called on by the 
master or commander of the vessel, in case of imminent peril by 
tempest or capture, to contribute their assistance for the general safety, 
and may, of course, be punished for disobedience by such master or 
commander; for an exemption altogether from this contract might not 
only be incompatible in some cases with the preservation of the ship, 
on account of a deficiency of physical strength, but also on account of 
the example which it affords the crew, in general, to disobedience. 
This principle has been recognised in several cases; but it has been 
observed, that this authority, arising out of the necessity of the case, 
must be exercised strictly within the limits of that necessity. Boyce v. 
Bailiffe, I Campb. 58. 

The number of passengers is to be regulated by the registered ton¬ 
nage of the vessel; and therefore where a vessel registered at 230, but 
in fact measuring 269 tons burthen, carried passengers in proportion 
to her measured tonnage, it was held that she was to be deemed only 
of the tonnage described in the certificate of registry, and that her actual 
tonnage could not be taken into consideration. Bishop v. Mackintosh , 
4 Dowl. and Ry. 42. 



PASSENGERS. 


325 


NOTICE. 

Custom House, London, 

3d February , 1831. 

The Board having had under consideration the present practice of 
passing entries for articles found in passengers’ baggage brought to the 
King’s warehouse, and being of opinion that passengers are too fre¬ 
quently exposed to unnecessary delay and expence in the mode at pre¬ 
sent pursued, direct the following regulations to be established, viz.— 

1st. That bills of sight shall not be required for the examination of 
passengers’ baggage brought to the King’s warehouse, whether 
accompanied by the proprietor or not. 

2d. That passengers’ baggage, unaccompanied by the proprietor, be 
landed under baggage sufferances, in conformity with the Board’s 
Minutes of the 17th May, 1816, 5th January and 19th April, 1817, 
17th March, 1818, and 12th August, 1825, for which sufferances no 
charge is to be made. 

3d. That passengers’ baggage, accompanied by the proprietor, be 
brought to the warehouse without sufferances in charge of the proper 
officer as at present. 

4th. That books, plate, or other articles contained in passengers’ bag¬ 
gage, on which drawback might have been received on exportation, 
be delivered upon the oath of the passenger that no drawback was 
received thereon. 

5th. That when a package containing passengers’ baggage has no article 
liable to duty, the same shall be immediately delivered without any 
charge for warehouse rent, provided the package has not been more 
than a week in the King’s warehouse. 

6th. That the proprietor be allowed to abandon any article he may 
consider not worth the duty. 

7th. That in all cases in which there is found in the baggage of any 
passenger any article liable to duty, brought for private use and not 
as merchandise for sale, no charge be made for passing the entry 
where the duty amounts to less than 20s.—nor more than Is. in any 
case where the duty does not amount to more than £b. 

8th. That whenever it shall appear that any licensed agent employed by 
passengers to clear their baggage has charged the parties for cus¬ 
toms duties and entry, or for any other disbursement, more than he 
has actually paid, the board will take measures for withdrawing his 
licence, and for putting his bond in suit. 


Note .—It is to be distinctly understood that the above regulations apply solely to tho 
baggage of passengers, and not to any goods brought as merchandise for sale :— 
such goods must be regularly manifested, reported, and entered, and the regula¬ 
tion of the law in all respects strictly complied with. 





3 26 


PASSENGERS. 


NOTICE. 

The Commissioners of his Majesty’s Customs hereby give notice, that 
the following regulations have been established by the lords commis¬ 
sioners of his Majesty’s treasury, in respect to the wearing apparel and 
baggage of persons arriving in this kingdom :— 

1st. That all wearing apparel and baggage accompanying the proprie¬ 
tor, of whatever description, (except East India articles,) be delivered 
duty free; provided it appears on examination of the officers that the 
articles have been really worn, and were not made up for the purpose 
of being introduced into this country. 

2d. That where the articles are not of the above description, and liable 
to duty, or where the same are prohibited, that the proprietors be 
allowed to leave them in the King’s warehouses, under the care of 
the officers, for a period not exceeding six months , in order to give 
them an opportunity of taking them back without payment of duty. 

3d. That these regulations be confined to cases where there is no im¬ 
proper proceeding, or attempt to unship or land articles without the 
knowledge of the officers. 

Board Minute , 6 August, 1822. 


AVIS. 

Habillement et bagages des passagers. 

Douane de Londres, 
le 6 A out, 1822. 

Les commissaires de la douane royale previennent les voyageurs, que 
les Lords de la Tresorerie de sa Majeste ont etabli les reglemens sui- 
vans, au sujet de l’habillement et des bagages des personnes arrivant en 
Angleterre:— 

1. Tout habillement et bagages quels qu’ils soient, (k l’exception des 
Indes orientales,) appartenant aux voyageurs, seront exempts de droits; 
pourvu qu’il soit evident lors de la visite des officiers de la douane que 
ces articles ont et6 reellement portes, et qu’ils n’ont point et<$ faits k 
dessein d’etre introduits en fraude dans le royaume. 

2. Quant aux autres articles que ceux mentionnes ci-dessus, c’est k dire 
sujets aux droits ou prohibes, les proprietaires pourront les deposer, 
seulement pour six mois, dans les Magasins de la douane et sous la 
surveillance des officiers* afin d’avoir la facilite de les retirer sans 
payer de droits. 

3. Ces reglemens ne seront valables que dans le cas ou il n’y aura eu 
aucune fraude ou tentative de deranger ou de debarquer les effets 
sans visite prealable des officiers de la douane. 

Par ordre des commissaires, 

G. DELAVAUD, Secretaire. 


ALIENS. 


327 


CHAPTER VIII. 


ALIENS. 

The act of the 56 Geo. III. c. 86. having expired, the following 
Abstract is given of “ An Act for the Registration of Aliens,” passed 
in the 7 Geo. IV. c. 54.— 

By section 1, every alien who shall be in the realm at the commence¬ 
ment of the act shall make a declaration of his abode, name, &c. and 
transmit the same to the Alien-office in Great Britain, or to the chief 
secretary in Ireland ; but one declaration sufficient for each family. 

Masters to declare what aliens are on board or have landed. —The 
master of every vessel which, after the commencement of this act, shall 
arrive in this realm from foreign parts, shall immediately on his arrival 
declare in writing to the chief officer of the customs at the port of 
arrival, whether there is, to the best of his knowledge, any alien on 
board his vessel, and whether any alien hath, to his knowledge, landed 
therefrom at any place within this realm ; and shall in his said declara¬ 
tion specify the number of aliens (if any) on board his vessel, or who 
have, to his knowledge, landed therefrom, and their names, rank, occu¬ 
pation, and description, as far as he shall be informed thereof; and if 
the master of any such vessel shall refuse or neglect to make such de¬ 
claration, or shall make a false declaration, he shall for every such 
offence forfeit the sum of twenty pounds, and the further sum of ten 
pounds for each alien who shall have been on board at the time of the 
arrival of such vessel, or who shall have, to his knowledge, landed 
therefrom, within this realm, whom such master shall wilfully have re¬ 
fused or neglected to declare ; and in case such master shall neglect or 
refuse forthwith to pay such penalty, it shall be lawful for any officer of 
the customs, and he is hereby required to detain such vessel until the 
same shall be paid : Provided always, that nothing hereinbefore con¬ 
tained shall extend to any mariner whom the master shall certify in 
writing by him subscribed, to be actually employed in the navigation of 
such vessel during the time that such mariner shall remain so actually 
employed; which certificate so subscribed every such master is hereby 
required to give. § 2. 

Alien to declare his name, description , 8fc. and deliver his passport. 
—Every alien who shall after the commencement of this act arrive in 
any part of the United Kingdom from foreign parts, or pass from Great 
Britain to Ireland, or from Ireland to Great Britain, shall immediately 
after such arrival or passage deliver to the chief officer of the customs 
at the port of debarkation any passport which shall be in his or her 
possession, and declare in writing to such chief officer, or verbally make 
to him a declaration to be by him reduced into writing, of the name of 
the vessel in which he or she shall have arrived, and also of his or her 
names, rank, occupation, and description, and if a domestic servant, 
then also the names, rank, and description of his or her master or mis¬ 
tress; and shall also in like manner declare the country and place from 



328 


ALIENS. 


whence he or she shall then have come, and the place within this realm 
to which he or she is then going 1 , and the name and place of abode of 
the person within this realm (if any) to whom he or she is known, 
which declaration shall be made in or reduced into such form as shall 
be approved by one of his Majesty’s principal secretaries of state ; and 
if any such alien coming into this realm shall neglect or refuse to deliver 
up his or her passport, he shall forfeit and pay the sum of jive pounds ; 
and if he or she shall neglect or refuse to make such declaration, or 
shall wilfully make any false declaration, he or she shall be punished in 
the manner hereinafter mentioned. § 3. 

Officer of customs to register the declaration, and deliver a certificate 
to the alien. § 4. 

Officer of customs to transmit declaration, &c. to Alien-office. § 5. 

Alien shall produce or transmit the certijicate to the Alien-office , and 
make declaration. —Every alien arriving in this realm after the com¬ 
mencement of this act shall, within one week after his or her arrival at 
the place which shall be expressed in such certificate as the place to 
which he or she proposes to go, produce such certificate, if such place 
shall be in the city of Westminster, or within five miles thereof, at the 
Alien-office* in Westminster, and shall declare in writing at what place 
he or she intends to reside ; and if the place expressed in the certificate 
shall be out of the limits aforesaid, shall make a declaration in writing 
at what place he or she intends to reside, and transmit the same by the 
post, if in Great Britain, to one of his Majesty’s principal secretaries of 
state at the Alien-office in Westminster, and if in Ireland, to the chief 
secretary for Ireland ; and if any such alien shall neglect or refuse to 
produce such certificate, or to make or transmit such declaration as 
aforesaid, or shall wilfully make or transmit any false declaration re¬ 
specting any of the particulars aforesaid, he or she shall be punished in 
the manner hereinafter mentioned. § 6. 

Alien to declare residence half-yearly. —Every alien being in this 
realm after the commencement of this act shall bn the 1 January and 
on the I July in every year, or within one week after those respective 
days, make a declaration in writing of his or her place of residence, and 
therein state at what place he or she intends in future to reside, and 
shall within the same week transmit such declaration by the post, if in 
Great Britain, to one of his Majesty’s principal secretaries of state at 
the Alien-office in Westminster, and if in Ireland to the chief secretary 
for Ireland, and if any alien shall neglect or refuse to make or transmit 
such declaration as last aforesaid, or shall wilfully make or transmit any 
false declaration, he or she shall be punished in the manner hereinafter 
mentioned. § 7. 

Secretary of state, &c. may require a more frequent declaration. § 8. 

Penalty for false declarations , or neglecting to make the same.— If 
any alien in any of the cases aforesaid shall neglect to make such de¬ 
claration as is by this act required, or to transmit the same, in the cases 
in which he is required so to do, within the time in that behalf limited, 
or shall wilfully make or transmit any false declaration, every person so 
offending shall, upon conviction thereof before two justices of the peace, 
for every such offence either forfeit any sum not exceed mg fifty pounds , 
or be imprisoned for any time not exceeding six months , at the discre¬ 
tion of such justices. § 9. 


* The Alien-office is in Crown-street , Westminster. 



ALIENS. 329 

Certificate to be forwarded to the alien , setting forth place of abode, 
Sfc. —Upon the receipt at the Alien-office, or at the office of the chief 
secretary for Ireland, of any declaration, in any of the cases aforesaid, 
such clerk as shall be for that purpose nominated by one of his Majesty’s 
principal secretaries of state, or by the chief secretary for Ireland re¬ 
spectively, shall within three days make out, in such form as shall be 
for that purpose approved by one of his Majesty’s principal secretaries 
of state, a certificate, setting forth the names, rank, occupation, and 
description of the alien, and his or her place of abode, and shall trans¬ 
mit the same by the post to such alien; and if any alien shall, by his 
or her default, not be possessed of such certificate, or shall without any 
lawful excuse reside in any other place than that expressed in such cer¬ 
tificate, every such alien shall for every such offence forfeit the sum of 
twenty pounds ; and if any alien, being required by any justice of the 
peace to produce such certificate, shall refuse or neglect so to do, he or 
she shall be deemed not to be possessed of any certificate. § 10. 

Alien may have his passport sent to the port , and delivered to him on 
making declaration. —Where any alien, about to depart from this realm 
after the commencement of this act, shall be desirous of having posses¬ 
sion of the passport by him or her delivered on his or her debarkation, 
and shall notify by letter to the Alien-office in Westminster, or to the 
chief secretary’s office in Dublin, the port at which he or she intends to 
embark, the proper clerk of those respective offices shall forthwith trans¬ 
mit such passport by the post to the chief officer of the customs of the 
port so notified, to be by him delivered to such alien, on his or her 
making the declaration hereinafter next mentioned ; and every such 
alien shall, before his or her embarkation, declare in writing his or her 
intention of departing, and shall deliver such declaration to the fchief 
officer of the customs at the port of departure, who shall forthwith trans¬ 
mit the same, if in Great Britain, to one of his Majesty’s principal 
secretaries of state at the Alien-office in Westminster, and if in Ireland 
to the chief secretary for Ireland ; and if any alien shall neglect to make 
such declaration, or to deliver the same to the chief officer of the cus¬ 
toms at the port of departure, he or she shall for every such offence 
forfeit the sum of five pounds. § 11. 

New certificates to be issued in lieu of such as are lost. —If any cer¬ 
tificate issued to any alien by virtue of this act shall be lost, mislaid, or 
destroyed, and such alien shall produce to one of his Majesty’s justices 
of the peace proof thereof, and shall make it appear to the satisfaction 
of such justice that he or she hath duly conformed with this act, it shall 
be lawful for such justice, and he is hereby required, to testify the same 
under his hand, and such alien shall thereby be entitled to demand a 
fresh certificate, which shall be of the like force and effect as the certifi¬ 
cate so lost, mislaid, or destroyed. § 12. 

Certificate to be granted without fee. —All certificates hereinbefore 
required to be given ; shall be given without any fee or reward whatso¬ 
ever ; and every person who shall take any fee or reward of any alien 
or other person for any certificate, or any other matter or thing done 
under this act, shall forfeit for every such offence the sum of twenty 
pounds ; and every officer of the customs who shall refuse or neglect to 
make such entry as aforesaid, or grant any certificate thereon, in pur¬ 
suance of the provisions of this act, or shall knowingly make any false 
entry, or neglect to transmit the copy thereof, or to transmit any decla¬ 
ration of the master of a vessel, or any declaration of departure in man- 


330 ALIENS. 

ner directed by this act, shall forfeit for every such offence the sum of 
twenty pounds. § 13. 

Forging certificates, Sfc. —If any person shall wilfully forge, counter¬ 
feit, or alter, or cause to be forged, counterfeited, or altered,, or shall 
utter, knowing the same to be forged, counterfeited, or altered, any de¬ 
claration or certificate hereby directed, or shall obtain any such certifi¬ 
cate under any other name or description than the true name and 
description of the alien intended to be named and described, without 
disclosing to the person granting such certificate the true name and de¬ 
scription of such alien, and the reason for concealing the same, or shall 
falsely pretend to be the person intended to be named and described in 
any such certificate ; every person so offending shall, upon conviction 
thereof before two justices, either forfeit any sum not exceeding jifty 
pounds , or be imprisoned for any time not exceeding six months , at the 
discretion of such justices. § 14. 

Prosecution of offences. —All offences against this act shall be pro¬ 
secuted within six calendar months after the offence committed, except 
that of not making or delivering a declaration of departure, which shall 
be prosecuted within six calendar months after the offender’s return to 
this realm ; and all such offences shall be prosecuted before two or more 
justices of the peace of the place where the offence shall be committed, 
who are required, in default of payment of any pecuniary penalty, to 
commit the offender to the common gaol for any time not exceeding 
six calendar months, unless the penalty shall be sooner paid, and forth¬ 
with to report to one of his Majesty’s principal secretaries of state, or to 
the chief secretary for Ireland, as the case may require, the conviction 
of every offender under this act, and the punishment to which he is 
adjudged; and no writ of certiorari, or of advocation or suspension, 
shall be allowed to remove the proceedings of any justices touching the 
cases aforesaid, or to supersede or suspend execution or other proceed¬ 
ing thereupon. § 15. 

Not to affect foreign ministers , nor aliens who have been resident 
seven years, or under fourteen years. —Provided always, that nothing 
in this act contained shall affect any foreign ambassador, or other public 
minister duly authorized ; nor any domestic servant of any such foreign 
ambassador or public minister, registered as such according to law, or 
being actually attendant upon such ambassador or minister ; nor any 
alien who shall have been continually residing within this realm for 
seven years next before the passing of this act, and obtained from the 
Alien-office a certificate thereof; nor any alien in respect of any act 
done or omitted to be done, who shall be under the age of fourteen 
years at the time when such act was so done or omitted to be done : 
Provided always, that if any question shall arise whether any person 
alleged to be an alien, and to be subject to the provisions of this act, is 
an alien or not, or is or is not subject to the said provisions, or any of 
them, the proof that such person is, or by law is to be deemed to be, a 
natural-born subject of his Majesty, or a denizen of this kingdom, or a 
naturalized subject, or that such person, if an alien, is not subject to 
the provisions of this act, or any of them, by reason of any exception 
contained in this act or otherwise, shall lie on the person so alleged to 
be an alien, and to be subject to the provisions of this act. § 16. 


CONVEYANCE OF SHIP LETTERS. 


331 


CHAPTER IX. 


CONVEYANCE OF SHIP LETTERS. 

The acts of parliament which first established and subsequently regu¬ 
late the carrying of letters are numerous. But it is intended in the 
following pages to give extracts of such acts only as are now in force for 
carrying ship letters, being the only parts immediately connected with 
the British Ship-Master’s duty. But as matter of general and useful 
information, a Table of the Rates of Postage to Foreign Parts is an¬ 
nexed. 


9 Ann, c, 10. 

An Act for establishing a General Post-office for all his Majesty's 

dominions , 8fc. 

Whereas by an act of the 12 Car. II. a general post-office was erected 
and established in that part of Great Britain called England, and by 
the fifth session of the 1 Wm. III. a general post-office was established 
in Scotland, &c. And whereas also posts have at great charges been 
established by packet-boats between Great Britain and the West Indies , 
and also on the main land in North America, through most of her Ma¬ 
jesty’s plantations and colonies in those parts, and also to divers parts 
of Europe, &c. 

Who may carry letters, fyc. —No person but the postmaster-general 
or his deputies shall carry and deliver letters and packets; except 
(among others) letters of merchants and masters, owners of any ships, 
barques, or vessels of merchandise, or any the cargo or loading therein, 
sent on board such ships, &c. whereof such merchants or masters are 
owners as aforesaid, and delivered by any master, &c. or any person 
employed by him for the carriage of such letter, to the persons to whom 
they are directed, so as such letters be delivered without receiving any 
hire or reward, advantage or profit for the same ;—and also any letter 
sent by any private friend in their way of travel or journey, or by any 
messenger sent on purpose for or concerning the private affairs of any 
person. § 1. 

N. B. This exception is not to extend to any owners or masters of 
passage-boats sailing between any part of Great Britain and Ire¬ 
land, or any place beyond the seas, or their servants, nor to any 
passengers on board; nor to the owners on board any boat, barge, 
or vessel, passing on any rivers in the British dominions. § 3. 

Letters brought by ships. —All letters and packets that by the master 
of any ship, or any of his company or any passengers therein, shall be 
brought to any post town, or which shall arrive or touch at any post 
town in her Majesty’s dominions, or any members thereof, or which 
shall be on board any ship touching or staying at any such post town, 
(other than letters before excepted,) shall by such master be forthwith 
delivered to the deputy appointed by the postmaster-general for such 
town, on forfeiture of jive pounds of British money. The masters to 
have one penny for each letter so delivered. § 15, 10. 



332 


CONVEYANCE OF SHIP LETTERS. 


5 Geo. III. c. 25. 

An Act to alter certain Bates of Postage , and to amend, explain, and 
enlarge several provisions in the 9 Ann , 8fc t relating to the Revenue 
of the Post-ojjice. 

Letters to be delivered to the post-office before a ship be allowed to 
report .—No ship shall be permitted to break bulk, or make entry in any 
port in the British dominions, until all the letters and packets brought 
by the master, his company, or passengers, shall be delivered to the 
deputy postmaster-general or his agent, to be forwarded according to 
the direction, (except letters brought in vessels liable to quarantine, 
which are to be delivered to the person superintending the quarantine, 
that all precaution may be taken before the delivery thereof, after which 
such letters are to be dispatched in the usual manner,) and also except 
letters of masters and owners of ships, &c. as in the foregoing act, under 
penalty of twenty pounds , one-half to the King, the other to the person 
who sues. § 3. 


24 Geo. III. c. 37. 

An Act granting to his Majesty certain additional Rates of Postage , 

Sfc. 

Foreign letters containing prohibited goods, Sfc. may be cut. —When¬ 
ever any letter imported into this kingdom is suspected of containing 
any prohibited goods, on the importation of which a duty is payable, 
they may be taken before a magistrate and cut with a penknife in and 
through the folds, one opening or slit not exceeding two inches in 
length; and if such goods are contained therein, such goods shall be 
destroyed, and the letter forwarded to the commissioners of the cus¬ 
toms. § 4. 


39 Geo. III. c. 76. 

An Act for the more secure Conveyance of Ship Letters, Sfc. 

The postmaster-general may forward letters by other vessels than 
packet-boats, and take rates for the conveyance, not exceeding half the 
rates of packets. § 1. 

The rates of postage by this act have been altered by the 54 Geo. 
III. c. 74., but twopence per letter, or packet, is directed to be paid to 
the masters of ships for such letters and packets as shall have been re¬ 
gularly delivered to the postmaster-general or his deputy, at the place 
or post town from whence such ship has sailed. § 2. 

43 Geo. III. c. 81. 

A n Act for amending so much of an Act of the 7 Geo. III. as relates 
to the secreting, Sfc. any Letter or Packet sent by the Post, Sfc. 

And whereas, notwithstanding the provisions in the 9 Ann. c. 10. the 
practice of sending and conveying by stage coaches, ships, &c. letters 
and packets which ought to be sent by the post is continued ; persons 
sending letters, &c. otherwise than by post, shall forfeit five pounds . 

§ 5 . 


CONVEYANCE OF SHIP LETTERS. 


333 


But not to extend to letters sent and conveyed in the manner 
described in the 10 Ann, viz. merchants’ letters or owners of ships, &c. 
nor any letter sent by a private friend in his or her way of journey or 
travel, nor any letter sent by a messenger. § 6. Vide page 331. 

N.B. The like exemption has been continued by a clause in an act 
passed in the year 1824. 


54 Geo. III. c. 169. 

An Act for making certain Regulations respecting the Postage of Ship 
Letters, and Letters of Great Britain. 

Persons forwarding letters to pay a rate .—His Majesty’s postmaster- 
general and his deputies shall receive letters and packets directed to 
places within his Majesty’s dominions, and to kingdoms and countries 
beyond the seas, from any person who may bring the same to any post- 
office in Great Britain, and who may be desirous to forward such letters 
themselves, and to affix upon each letter or packet such stamp, mark of 
postage, or designation, as the postmaster-general shall think proper, 
and thereupon to demand and receive a rate of postage of one-third 
part of the rates and duties payable for such respective letters, &c. if 
the same were conveyed by packet-boats;—and in cases where no rate 
of postage is already established, then to demand rates as near as can 
be ascertained equal to one-third part of what is now paid for letters 
sent beyond the seas; and, upon payment thereof, to return such letters 
and packets to the person bringing the same, who may then forward 
them to the places to which they may be directed, by any ships or 
vessels that he or they may think proper, (not being packet-boats,) with¬ 
out incurring any penalty, and without payment of any other rate or 
duty of postage. § 3. 

Postmaster-general may authorize persons to collect, Sfc .—His Ma¬ 
jesty’s postmaster-general may license and authorize any person to col¬ 
lect letters and packets in Great Britain, directed to places within his 
Majesty’s dominions, and to kingdoms and countries beyond the seas, 
for the purpose of being forwarded by any ships other than packet- 
boats, provided that such person shall, previous to forwarding the same, 
bring them to the post-office of the town or place to have a stamp put 
thereon, which stamp, &c. the postmaster-general and his deputies are 
required to put thereon, and to demand the same rates as are payable 
for letters to be forwarded by persons bringing the same in manner 
hereinbefore provided; and, upon such payment being made, to return 
them to the persons so licensed, who may forward them by any vessels 
that he may think proper, (not being packet-boats,) without incurring 
any penalty, and without payment of any other rate of postage. § 4. 

55 Geo. III. c. 153. 

An Act for granting certain Rates on the Postage of Letters to and 
from Great Britain , the Cape of Good Hope, the Mauritius, and the 
East Indies; and for making ceHain Regulations respecting the Post - 
age of Ship Letters, and of Letters in Great Britain. 

Postmaster-general may establish packets and mails for the East 
Indies, Sfc .—His Majesty’s postmaster-general, with the consent of the 
lords commissioners of his Majesty’s treasury, may establish vessels for 


334 


CONVEYANCE OF SHIP LETTERS. 

the conveyance of the public despatches of government, and also mails 
of letters, and passengers, between this country, the Cape of Good Hope, 
the Mauritius, and the East Indies; and may demand for the port and 
conveyance of the letters and packets that shall be conveyed by such 
vessels from the port of London, or from any other port in Great Bri¬ 
tain, to the Cape of Good Hope, the Mauritius, or to any port or place 
within the limits of the charter of the united company of merchants of 
England trading to the East Indies, (save and except the dominions of 
the Emperor of China,) the following rates. (These were repealed by 
59 Geo. III. c. Ill,) and others substituted. See post. § 1. 

Mails may be carried by ships of war, fyc. —The postmaster-general, 
in his discretion, by and with the consent of the lords commissioners of 
the admiralty, to make up and send mails of letters to and from any 
port or place in the East Indies, &c., by any of his Majesty’s ships of 
war and store-ships, or by any of the ships in the service of the said 
united company, or by ships employed in the private trade to and from 
India; and, when mails of letters shall be so conveyed, may demand 
and take the same rates and duties, as if the letters were conveyed by 
vessels, or packet-boats, to be established under the authority of this 
act. § 3. 

Commanders authorized to receive mails. —The commander of any 
such ship of war, (with the consent of the lords commissioners of the 
admiralty,) and the commander of any ship in the service of the said 
united company, or employed in the private trade, to and from India, is 
hereby authorized and required to receive on board his ship such mails 
of letters and packets, and to convey and deliver the same accordingly. 
§ 4 . 

The East India company to charge only inland postage. —The said 
united company, or the commander of any ship in the service of the 
company, or private trade to and from India, shall not charge, demand, 
or receive any rate of postage for any mails ofletters, other and except 
any such postage as may be legally due to the said company for the in¬ 
land postage, or conveyance of any such letters in India, or for any 
sealed bags, packages, or parcels of letters, which may at any time be 
forwarded by the postmaster-general, by the ships of the said united 
company, or by any such private ship. § 5. 

Postmaster-general to pay for conveyance of mails. —The postmaster- 
general, whenever the ships of the said united company, or any private 
ships, are employed as packets, shall pay the said united company, and 
the owners of any such private ships, for the freight or conveyance of 
any such mails of letters, such reasonable sum, and in such manner, as 
shall be authorized and directed by the lords of the treasury, or any 
three of them. § 6. 

Goods allowed to be carried in packets. —The postmaster-general, in 
such proportions and in such manner as the lords commissioners of his 
Majesty s treasury, or any three or more of them, shall by warrant in 
writing direct, (any law or statute to the contrary notwithstanding,) may 
permit the exportation on freight, or on account of the owners, or of the 
public service, in such vessels or packet-boats navigated according to 
law, from the port of London, or any port or ports within the kingdom 
of Great Britain, or any intermediate port between Great Britain and 
the East Indies, to all ports and places within the limits of the charter 
of the said united company, and to the islands of Saint Helena and 
Mauritius, and the Cape of Good Hope, (save and except the dominions 
of the emperor of China,) any goods, wares, and merchandise, (tea 


335 


CONVEYANCE OF SHIP LETTERS. 

excepted,) which can now or may at any times hereafter be legally ex¬ 
ported; and'may also permit the importation on freight, or on account 
of the owners, or of the public service, in such vessels or packet-boats 
navigated according to law, from all ports and places within the limits 
of the said united company’s charter, and from the Cape of Good Hope, 
the Mauritius, and the island of Saint Helena, (save and except as 
aforesaid,) into the port of London, or any port in Great Britain, of 
any goods, wares, and merchandise, which are now or may at any time 
or times hereafter be legally imported ; subject nevertheless to the seve¬ 
ral restrictions and conditions in this act contained. § 8. 

Quantity of tea on board limited. —It shall be lawful to ship, carry, 
or put on board, or permit or sutler to be shipped, carried, or put on 
board such vessels or packet-boats, and any ships or vessels legally trad¬ 
ing to and from the East Indies, such quantity of tea as shall be requi¬ 
site for the use of the crew of any such ship, during the voyage, not 
exceeding two pounds for each man on board; and in case there shall 
be found on board any such ships or vessels as aforesaid, on their arri¬ 
val at any port or place in the British islands, or within two hundred 
miles of the same, any tea exceeding in quantity 100 pounds weight, 
every commander shall incur a penalty of two pounds for every pound 
weight of tea exceeding such quantity. § 9. 

Vessels carrying goods. —It shall not be lawful to export or import 
any goods, Wares, or merchandise, in any vessel or packet-boat, to be 
employed under the authority of this act, unless such vessel or packet- 
boat shall be of the burden of 350 tons at the least. § 10. 

Delaying sailing after receiving the mail. —If any commander, 
having received his Majesty’s mail on board, and having received his 
clearance, shall wilfully neglect to sail and proceed on his voyage within 
twenty-four hours after the time of receiving the mail on board and his 
clearance, (wind and weather permitting,) or shall wilfully deviate from 
the course of his voyage, such commander, for every such neglect, shall 
forfeit the sum of Jive hundred pounds : Provided always, that it shall 
be lawful for the court of directors of the said East India company to 
give directions to delay the sailing of any ship or vessel, belonging to 
and employed by the said company, for a time to be limited or specified, 
giving notice of such directions to the postmaster-general within twenty- 
four hours thereof. §11. 

Conveying letters to India illegally. —If any person shall send, with¬ 
out authority of the postmaster-general, to the Cape of Good Hope, the 
Mauritius, or the East Indies, any letter or packet, or if any com¬ 
mander of a ship or vessel, or any other person, shall carry or convey 
any letter or packet, without such authority, to the Cape of Good Hope, 
the Mauritius, or the East Indies, every such person so offending shall 
forfeit the sum of Jive pounds for every letter so conveyed. (But see 59 
Geo. III. c. Ill, §6.) §13. 

Allowance for each letter. —The commanders of such vessels shall be 
entitled to receive on their arrival in port, either in Great Britain or in 
India, on delivering at the post-office all such letters and packets which 
they shall have on board, the sum of two-pence for every letter or 
packet which he or they shall so deliver. § 15. 

Section 27 repeals the fifth, and nine following sections, of the act 
54 Geo. III. c. 169. 

Sea-postage of letters , by vessels not packets , except from India, Sfc. — 
The postmaster-general may demand and take for every letter which 
shall be brought by ships and vessels, (other than packet-boats,) from 


386 


CONVEYANCE OF SHIP LETTERS. 

places within his Majesty’s dominions, and from any places beyond the 
seas, into Great Britain, (except from the Cape of Good Hope, the 
Mauritius, and the East Indies,) a sea-postage of eight-pence for every 
single letter, and so in proportion for packets, in addition to any inland 
postage which may arise upon the inland conveyance ; and, for the en¬ 
couragement of the masters of such ships or vessels, the postmaster- 
general may allow all such masters the sum of two-pence a letter or 
packet, upon all such letters and packets as they respectively, on their 
arrival from parts beyond the seas, shall deliver unto the deputy or de¬ 
puties of the postmaster-general, for such place or post town at which 
they shall touch or arrive. § 28. 

Penalty on persons opening bags , Sfc. —If any master of a ship or 
vessel shall open any sealed bag, package, or parcel of letters, with 
which he shall have been intrusted, or shall take out of such bag, 
package, or parcel, any letter or letters whatsoever, or shall not duly 
deliver such bag, package, or parcel, with the letters, at the post-office 
on his arrival in port, without wilful or unavoidable delay after his 
arrival, every such master so offending shall forfeit the sum of two 
hundred pounds. § 29. 

Owners , 8fc. sending letters on board their own vessels .*—The owners, 
charterers, or consignees of vessels may send their letters on board 
their own ships, from any port in Great Britain to the Cape of Good 
Hope, the Mauritius, and the East Indies, free from the sea-postage ; 
provided that such letters shall be endorsed with the words “ owners’, 
or charterers’, or consignees’ letter,” and the Christian and surname, 
and place of abode, of the owner, charterer, or consignee, or the firm 
of the owners who shall be the writer of the same ; and provided that 
the letter so sent and endorsed by any owner or owners, charterer, or 
consignee, or the whole number of letters, if there shall be more than 
one, shall not collectively exceed the weight of twenty ounces. § 30. 

Owners or shippers of goods. —The owners or shippers of goods may 
send letters with their goods, on board any ship or vessel, from any 
port in Great Britain to the Cape of Good Hope, the Mauritius, and the 
East Indies, free from the ship-letter postage ; provided that such letter 
shall be endorsed with the Christian and surname of the writer, or the 
firm of the writers, and with the words “ owners or shippers of goods ” 
shipped on board the [state the name of the ship] bound to [state the 
place ;] and provided the letter or packet of any such owners or ship¬ 
pers, or the whole number of letters, if there shall be more than one, 
shall not collectively exceed the weight of six ounces. § 31. 

Owners of vessels may receive their letters by their own vessels. —The 
owners, charterers, or consignees of vessels, resident in Great Britain, 
may receive their letters by their own vessels, from any place within his 
Majesty’s dominions, or countries beyond«*the seas, free from the sea- 
postage ; provided that such owners, charterers, or consignees shall be 
described as such in the address and superscription of such letters; 
and'that such letters to any one owner, charterer, or consignee shall 
not, if coming from any place in the East Indies, exceed collectively the 
weight of twenty ounces; and, if coming from any other part beyond 
the seas, exceed collectively the weight of six ounces. § 32. 

As also owners or consignees of goods. —The owners or consignees of 
goods, on board ships arriving from abroad, may receive letters free 
from the sea-postage by such ships, provided that such owners or con- 


* See Geo. III. c. Ill, § 16, et sequent. 



337 


CONVEYANCE OF SHIP LETTERS. 

signees shall be described as such in the address and superscription 
thereof; and provided it shall appear, by the ship’s manifest, that such 
persons actually have goods on board such ships, and that the letter or 
letters addressed to any one such owner or consignee shall not collect¬ 
ively exceed the weight of six ounces. § 33. 

Owners' letters exceeding the weight allowed. —In case any collector, 
comptroller, or other officer of his Majesty’s customs, find any letter or 
letters superscribed as the letters of such owners, charterers, consignees, 
or shippers, exceeding the number or weight limited by this act, then it 
shall be lawful for such collector, comptroller, or other officer, to seize 
so many of the letters as shall reduce the remainder within the proper 
weight, and to take the same to the nearest post-office, and the post¬ 
master of the place shall pay to the officer delivering the same, at the 
rate of 2s. 6d. for each letter or packet so seized. § 36. 

Rates of postage receivable at the post-office. —The rates of postage 
for the conveyance of letters and packets by packet-boats, or ships or 
vessels employed as packet-boats, to any part of his Majesty’s dominions 
and countries beyond the seas, (excepting the East Indies,) shall, with 
the consent of the lords commissioners of his Majesty’s treasury, or any 
three of them, be received either at the post-office in Great Britain, 
upon forwarding the same, or by the deputy or deputies of the post¬ 
master-general upon their delivery. § 37. 

Declarations to be taken by commanders of vessels* —The collector, 
comptroller, or other officer of his Majesty’s customs, at any port or 
place whatsoever, is hereby authorized to require a declaration from any 
commander of any ship or vessel sailing to the Cape of Good Hope, the 
Mauritius, or the East Indies, that he has not taken, nor will take, any 
letters on board his ship which have not been delivered to him by au¬ 
thority of the postmaster-general, or which are not exempted from post¬ 
age by this act; which declaration shan De in the form or to the effect 
following: 

“I , A. B., commander of the [state the name of the ship or vessel ] 
bound to [state the place"] do, as required by law, solemnly declare, that 
I have not, to the best of my knowledge and belief, on board my ship 
or vessel, nor will I take, any letters which have not been delivered to 
me by authority of the postmaster general, or which are not exempted 
from postage.” 

And in case any such commander shall make a false or untrue declara¬ 
tion, he shall for every such offence forfeit the sum of fifty pounds. § 38. 

Bags of letters to be delivered on arrival. —On the arrival of any ship 
or vessel in any port where there is a post-office, or at the port of its 
destination, the master shall immediately send to the same all the bags, 
packages, or parcels of letters, and all other letters, on board his ship, 
and shall, to the utmost of his power, procure all his crew and passen¬ 
gers to send any letters which may be in their possession, except such 
letters as are exempted by this act; and the master shall, at the same 
time, or at the port or place where the ship or vessel shall report, sign 
a declaration in the presence of the person authorized by the postmaster- 
general at the port or place, who shall also sign the same ; which de-^ 
claration shall be in the form or to the effect following; that is to say, 

“ I, A. B., commander of the [state the name of the ship or vessel] 
arrived from [state the place] do as required by law solemnly declare. 



* See 59 Geo. III. c. Ill, § 21, et sequent. 

z 



338 


CONVEYANCE OF SHIP LETTERS. 

that I have, to the best of my knowledge and belief, delivered or caused 
to be delivered at the post-office at [state the place ] every letter, bag, 
package, or parcel of letters that were on board the [state the name of 
the ship ] except such letters as are exempted by this act.” 

And until such declaration shall be made and produced to the collector, 
comptroller, or principal officer of the customs, he or they shall not 
permit such ship or vessel to report. § 39. 

Refusing to make declaration.—If any master of a ship or vessel 
shall wilfully refuse or neglect to make the several declarations by this 
act required, or to produce the last-mentioned declaration, he shall for¬ 
feit for every such offence the sum of fifty pounds. § 40. 

Permitting vessels to sail until regulations complied with. —If any 
collector, comptroller, or principal officer, hereby required to prohibit 
any ship or vessel reporting until the requisites of this act shall be com¬ 
plied with, shall permit such ship or vessel to report, such collector, 
&c. so permitting such ship or vessel to report, shall forfeit the sum of 
two hundred pounds. § 41. 

Officers to search packages. —Such collector, comptroller, or officer, 
at any port or place whatsoever, who in the due execution of his duty 
as a revenue officer shall discover any letters or packets on board any 
vessel, in any port or place whatsoever, contrary to the provisions of 
this act, may seize all such letters and packets, and forward the same 
to the postmaster-general or his deputy at the port or place ; and the 
officer seizing and sending the same shall be entitled to one moiety of 
the penalty which may be recovered for any such offence; and in all 
cases of such seizure the proof shall lie on the person in whose posses¬ 
sion or baggage the letters or packets shall be found, that the provisions 
of this act have been complied with. § 42. 

How money due to masters of vessels may be paid. —In case it shall 
happen, from any unforeseen circumstances, that the master of any ship 
or vessel shall, upon delivering his bags, packages, or parcels of letters, 
be prevented from receiving the money to which he shall be entitled, 
such master or commander shall nevertheless be paid the same, by the 
order of the postmaster-general, at such other places as may be most 
convenient. § 44. 

Postage to be paid on delivery. —The rates of postage hereinbefore 
mentioned for the conveyance of letters and packets by the said packet- 
boats, ships, or vessels, from any port in Great Britain to any port in 
the East Indies, shall be received by the deputies of the postmaster- 
general, upon their delivery in India, and the rates of postage for the 
conveyance of letters from any port or place in the East Indies to Great 
Britain, shall be received at the option of the parties sending the same, 
or upon their delivery in Great Britain or Ireland, by the deputies of 
the postmaster-general in India upon forwarding the same. § 45. 

Letters on board after delivery at the post-office. —If, after the master 
of any vessel shall have delivered his letters at the post-office of any 
port at which he may touch, prior to his arriving at that port where the 
ship or vessel is to report, any letter or packet, not exempted by this 
act, shall be found on board his vessel, in his possession, or in the pos¬ 
session of any of his crew, or any passenger on board, every such person 
knowingly having such letter or packet in his possession, or in his 
baggage, shall forfeit for every letter the sum of five pounds. § 46. 

Falsely superscribing letters , fyc. —If any person shall falsely super¬ 
scribe any letter, as being the owner, charterer, or consignee of the 


CONVEYANCE OF SHIP LETTERS. 


339 


vessel conveying the same, or the owner, shipper, or consignee of the 
goods shipped in the vessel, every such person so offending shall for 
every such offence forfeit the sum of ten pounds . § 47. 

Recovery of penalties, fyc. —One moiety of the pecuniary penalties 
hereby imposed shall be payable to the use of his Majesty, and the 
other moiety to any person who shall inform and sue for the same ; to 
be recovered, with full costs of suit, by action of debt, bill, plaint, or 
information, in any of his Majesty’s courts of record in Great Britain, 
or in the colony or place where the offence shall be committed. § 48. 

Provision in case three months elapse without despatching a public 
mail. —If, at any time after the establishment of such vessels as afore¬ 
said, a space of three calendar months shall have elapsed without any 
public mail having been despatched from Great Britain to the Cape of 
Good Hope and the Mauritius, and the several presidencies of Fort 
William, Fort Saint George, and Bombay, in the East Indies, it shall 
be lawful for any person to send or take on board, and carry, any letters 
or packets from Great Britain to such of the said places to which no 
mail shall have been so despatched, during the time aforesaid, or from 
such of the places aforesaid from which no mail shall have been so 
despatched to Great Britain, without being subject to any of the penal¬ 
ties, forfeitures, payments, or restrictions in this act contained, until 
some public mail shall have been again despatched from Great Britain 
to such place, or from such place to Great Britain. § 49. 

Letters to China. —Nothing in this act contained shall extend to any 
letters or packets to or from China, but they may be sent and carried 
as heretofore. § 50. 

Provision in case the establishment be not carried into effect. —No 
person or persons shall incur any of the penalties by this act imposed, 
so far as the same shall relate to letters to be sent to and from India, 
unless the provisions hereinbefore contained, as to establishing vessels 
for the conveyance of mails of letters to the East Indies, shall be car¬ 
ried into effect within six months from the passing of this act. § 51. 

In actions brought , proof shall lie on the defendant. —In an action 
or suit against any person for collecting, carrying, conveying, deliver¬ 
ing, or sending letters or packets, contrary to the provisions in an act 
made in the ninth year of the reign of her late Majesty Queen Anne, 
intituled “ An Act for establishing a general Post-office for all her Ma¬ 
jesty’s dominions, and for settling a weekly sum out of the revenues 
thereof for the service of the war, and other her Majesty’s occasions 
or contrary to the provisions in an act made in the forty-second year of 
the reign of his late Majesty, intituled “ An Act for amending so much 
of an act passed in the seventh year of the reign of his present Majesty, 
as relates to the secreting, embezzling, or destroying any letter or packet 
sent by the post, and for the better protection of such letters and 
packets, and for more effectually preventing letters and packets being 
sent otherwise than by the postor in either of them, or contrary to 
the provisions of this act, the proof shall lie on the person or persons 
against whom such action or suit shall be brought, for delivering or 
sending letters or packets, that the same were delivered or sent accord¬ 
ing to the provisions contained in the said last-mentioned acts, or one of 
them, or according to the provisions contained in this present act. § 52. 

Application of the rates. —The monies to arise by the several rates, 
&c. shall be paid into the receipt of the exchequer at Westminster, and 
carried to and made part of the consolidated fund of Great Britain. 
§ 53. 


340 


CONVEYANCE OF SHIP LETTERS. 


Limitation of actions. —If any action or suit shall be commenced for 
any thing done in pursuance of this act, the same shall be commenced 
within twelve months after the fact committed, and not afterwards ; and 
the defendant may plead the general issue, and give this act and the 
special matter in evidence, and that the same was done in pursuance 
ahd by the authority of this act; and if it shall appear so to be done, or 
that such action or suit shall be commenced after the time before 
limited for bringing the same, then the jury shall find for the defend¬ 
ant ; and, upon a verdict for the defendant, or if the plaintiff or plaintiffs 
shall be nonsuited, or discontinue his, her, or their action or suit, after 
the defendant or defendants shall have appeared, or if upon demurrer, 
judgment shall be given against the plaintiff, the defendant may recover 
treble costs, and have the like remedy for the same as any defendant 
hath in any other case by law. § 54. 


59 Geo. III. c. 111. 

An Act to repeal so much of an Act passed in the Fifty-fifth Year of 
his late Majesty, as relates to the Postage and Conveyance of Letters 
to and from the Cape of Good Hope, Ceylon, the Mauritius, and the 
East Indies; and to make other Regulations respecting the Postage 
of such Letters and Packets , and other Letters and Packets sent by 
the Post. 

So much ofbb Geo. III. as relates to postage from the Cape of Good 
Hope, Sfc. repealed. —Whereas an act was passed in the fifty-fifth year 
of the reign of his late Majesty, intituled “ An Act for granting certain 
rates on the postage of letters to and from Great Britain, the Cape of 
Good Hope, the Mauritius, and the East Indies, and for making cer¬ 
tain regulations respecting the postage of ship letters, and of letters ia 
Great Britain and whereas it is expedient that the said act, so far as 
it relates to the postage and conveyance of letters, newspapers, printed 
prices-current , and printed papers, to and from the Cape of Good 
Hope, Ceylon, the Mauritius, and the East Indies, should be repealed, 
and that other regulations should be made in lieu thereof; be it there¬ 
fore enacted, that from and after the passing of this act the said act of 
the 55 Geo. III., so far as relates to the postage and conveyance of 
letters, newspapers, printed prices-current, and printed pages, to and 
from the Cape of Good Hope, Ceylon, the Mauritius, and the East 
Indies, shall be and the same is hereby repealed. § 1. 

Penalties incurred may be recovered. — Provided that any penalty 
which shall have been incurred for any offence contrary to the said 
recited act, previously to the passing of this act, may be recovered as if 
the said recited act had not been repealed. § 2. 

The following rates of postage from India. —And it shall be lawful 
for his Majesty’s postmaster-general to demand. Pave, receive, and take 
for every letter or packet which shall be brougnt into Great Britain by 
any ship or vessel arriving from Ceylon, the Mauritius, or any port or 
place within the limits of the charter of the united company of merchants 
of England trading to the East Indies, or from the Cape of Good 
Hope, the rates following; that is to say, 

For every such letter or packet a sea-postage of fourpence: provided 
the same shall not exceed the weight of three ounces : 

And for every letter or packet exceeding the weight of three ounces 
a sea-postage of Is. per ounce, in addition to any inland or internal 


CONVEYANCE OF SHIP LETTERS. 341 

postage which may arise upon the inland conveyance of such letters and 
packets. 

And for the encouragement of the masters or commanders of such 
ships or vessels, it shall be lawful for the postmaster-general to allow 
to every such commander or master the sum of twopence a letter or 
packet, upon all such letters and packets as he or they respectively, on 
their arrival from Ceylon, the Mauritius, or any port or place within 
the limits of the charter of the said united company, or from the Cape 
of Good Hope, shall deliver unto the deputy or deputies of the post¬ 
master-general, according to the directions hereinafter contained. § 3. 

Letters may be forwarded to India.—Rates for. —And it shall be 
lawful for his Majesty’s postmaster-general, and his deputies by him 
authorized, in his and their discretion, to collect and receive letters and 
packets of letters directed to Ceylon, the Mauritius, or any port or place 
within the limits of the said united company’s charter, or to the Cape of 
Good Hope, and to forward the same by any ships or vessels that he in 
his discretion shall think fit; and also that it shall be lawful for such 
postmaster-general and his deputies, to and for the use of his Majesty, 
his heirs and successors, to demand, have, receive, and take for every 
letter or packet that shall be delivered to him, or to his deputy, for con¬ 
veyance in manner hereinbefore specified, the rates following; that is 
to say. 

For every such letter a sea-postage of twopence ; provided the same 
shall not exceed the weight of three ounces : 

And for every letter or packet exceeding in weight three ounces a sea- 
postage at the rate of 1.9. per ounce; any law, statute, usage, or custom 
to the contrary thereof notwithstanding. § 4. 

Rates for newspapers , Sfc. —And be it further enacted, that it shall 
and may be lawful to and for his Majesty’s postmaster-general, and his 
deputy or deputies by him thereunto authorized, in his and their dis¬ 
cretion, to receive newspapers or printed prices-current, and also any 
printed paper liable to the stamp duties and duly stamped, for convey¬ 
ance to such places as aforesaid ; and also that it shall and may be 
lawful to and for his Majesty’s postmaster-general, and his deputy and 
deputies, to and for the use of his Majesty, his heirs and successors, to 
demand, have, receive, and take for the conveyance of the same, the 
sum of one penny for each packet not exceeding one ounce; and for 
each packet exceeding one ounce, at the rate of one penny per ounce ; 
provided always, that the same be sent in covers open at the sides. § 5. 

Letters, fyc. may be forwarded in any other manner than through 
the post-office. —But nothing herein contained shall be construed to 
oblige any person or persons to send any letters or packets of letters, or 
any newspapers, or printed prices-current, or any other printed papers, 
to the East Indies, or to the islands of Ceylon or the Mauritius, or any 
port or place whatsoever within the limits of the charter of the said 
united company, or to the Cape of Good Hope, through his Majesty’s 
post-office ; but that it shall be lawful for all persons to send letters and 
packets of letters, newspapers, printed prices-current, and other printed 
papers, to those places in any manner that they may find practicable and 
convenient. § 6. 

Commanders of ships or vessels bound to the East Indies required, to 
take bags, —The commanders of all ships or vessels bound to Ceylon, 
the Mauritius, or any port or place within the limits of the charter of 
the said united company, or to the Cape of Good Hope, are hereby 
required to receive on board their respective ships any bag or bags of 


342 CONVEYANCE OF SHIP LETTERS. 

letters and packets which shall be tendered to them for conveyance as 
aforesaid by the postmaster-general, or his deputy and deputies, with¬ 
out receiving or being entitled to receive any remuneration for such 
conveyance. And in case any such commander shall refuse to receive 
on board his ship any such bag or bags of letters and packets, which 
shall be so tendered to him for conveyance as aforesaid, or having re¬ 
ceived on board any such bag or bags shall wilfully neglect to deliver 
the same on his arrival at the port or place of his destination, then and 
in either of such cases such commander shall forfeit and pay a penalty 
of two hundred pounds. § 7, 8. 

Owners may receive letters by their own vessels. —It shall be lawful 
for the owners, charterers, or consignees of vessels, resident in Great 
Britain, to receive their letters by their own vessels from Ceylon, the 
Mauritius, or any port or place within the limits of the charter of the 
said united company, or from the Cape of Good Hope, free from sea- 
postage : Provided that such owners, charterers, or consignees shall be 
described as such in the address and superscription of such letters, and 
that such letters brought by any one vessel to any one owner, charterer, 
or consignee, shall not collectively exceed the weight of twenty ounces. 
§ 16. 

As also owners or consignees of goods —Also it shall be lawful for the 
owners or consignees of goods on board ships arriving from Ceylon, 
the Mauritius, or any port or place within the charter of the said united 
company, or from the Cape of Good Hope, to receive letters free from 
the sea-postage by such ships; provided that such owners or consignees 
shall be described as such in the address and superscription thereof; 
and provided it shall appear by the ship’s manifest that such persons 
actually have goods on board such ships ; and that the letter or letters 
brought by any one such ship, for any one such owner or consignee, 
shall not collectively exceed the weight of six ounces. § 17. 

Penalty on persons falsely superscribing letters as owners, fyc. —But 
if any person whatsoever shall falsely superscribe any letter, as being 
the owner, charterer, or consignee of the vessel conveying the same, or 
the owner, shipper, or consignee of the goods shipped in the vessel, 
every such person and persons so offending shall for every such offence 
forfeit and pay the sum of ten pounds. § 18. 

Owners and consignees ■ may obtain their letters from the master .— 
And such owners, charterers, consignees, and shippers may on the 
account of such ship obtain such letters as they respectively may be 
entitled to receive, free of sea-postage as aforesaid, from the master of 
such ship, before he shall make his delivery at the post-office in manner 
hereinafter directed; but nothing in this act shall entitle such owners 
or consignees to take away any letters whatever not within the limita¬ 
tion of weight and superscription. § 19. 

Owners' letters exceeding the weight allowed. —And in case any col¬ 
lector, comptroller, or other officer of his Majesty’s customs shall find 
any letter or letters, superscribed as the letters of such owners, charter¬ 
ers, consignees, or shippers, exceeding the weight limited by this act, 
then it shall be lawful for such collector, comptroller, or other officer to 
seize so many of the letters as shall reduce the remainder within the 
proper weight, and he shall take the same to the nearest post-office; 
and the postmaster of the place shall pay to the officer delivering the 
same, at the rate of sixpence for each letter or packet so seized. § 20. 

Masters of vessels to collect letters, and deliver them at the first post- 
office and make declaration.—On the arrival of any ship or vessel off 


CONVEYANCE OF SHIP LETTERS. 343 

the coast of Great Britain, the master shall cause all letters on board 
his ship (except such letters as may be obtained by such owners, &c. 
and shippers as aforesaid, and except letters and packets exceeding- the 
weight of three ounces,) to be collected and enclosed in some bag, box, 
or other envelope, to be sealed with his seal, and to be addressed to any 
of his Majesty’s deputy postmasters in Great Britain, to be in readiness 
to send on shore by his own boat, or by the pilot-boat, or any other 
safe and convenient opportunity, in order that the same may be deli¬ 
vered at the first regular post-office which can be communicated with, 
and be distributed from thence by the earliest inland posts; and shall 
likewise cause all letters and packets exceeding the weight of three 
ounces (except such, as may be obtained by owners, &c. as aforesaid) 
to be collected and enclosed in some bag, box, or other envelope, to be 
sealed and addressed as aforesaid, and shall deliver the same at the 
regular port or place where the ship or vessel shall report, and shall at 
such port or place sign a declaration in the presence of the person au¬ 
thorized by the postmaster-general at such port or place, who shall also 
sign the same; which declaration shall be in the form or to the effect 
following ; that is to say, 

“ I, A. B ., commander of the [slate the name of the ship or vessel] 
arrived from [state the place] do, as required by law, solemnly declare, 
that I have, to the best of my knowledge and belief, delivered, or caused 
to be delivered, to the post-office every letter, bag, package, or parcel of 
letters that were on board the [state the name of the ship] except such 
letters as are exempted by law.” 

And that until such declaration shall be made and produced to the 
comptroller or principal officer of the customs, he or they shall not 
permit such ship or vessel to report; and if any master of any ship or 
vessel shall willingly refuse or neglect to make or produce the said 
declaration, he shall forfeit and pay for every such offence the sum of 
<£50; and if any collector, comptroller, or principal officer, hereby 
required to prohibit any ship or vessel reporting until the requisites of 
this act shall be complied with, shall permit such ship or vessel to re¬ 
port, such collector, comptroller, or officer shall forfeit and pay the sum 
of fifty pounds. § 21, 23. 

Persons having letters on hoard after delivery at the post-office. —If, 
after the master of any vessel shall have sent his letters to the post-office 
of any port at which he may touch, prior to his arriving at that port 
where the ship or vessel is to report, any letter or packet not exempted 
by this act shall be found on board his vessel, in his possession, or in the 
possession of any of his crew, or any passenger on board, every such 
person knowingly having such letter or packet in his possession or in 
his baggage, shall forfeit and pay for every letter the sum of Jive 
pounds. § 24. 

Officers to search packages. —And it shall be lawful for such collector, 
comptroller, or other officer, at any port or place whatsoever, who, in 
the due execution of his duty as a revenue officer, shall discover any 
letters or packets on board any vessel, in any port or place whatsoever, 
contrary to the provisions of this act, to seize and take all such letters 
and packets, and to forward the same to the postmaster-general or his 
deputy at the port or place ; and that the officer seizing and sending 
the same shall be entitled to one moiety of the penalty which may be 
recovered for any such offence; and in all cases of such seizure, the 
proof that the provisions of this act have been complied with shall lie 


344 


CONVEYANCE OF SHIP LETTERS. 


on the person in whose possession or baggage the letters or packets 
shall be found. § *25.* 

Penalty on breaking seals. —But if any person to whom any letters 
may be intrusted by tiie master of any ship or vessel, sealed up in me 
manner required by this act, shall break the seal, or in any mannei 
open the same, or shall not duly deliver the same without wilful or un¬ 
avoidable delay, every person so offending shall forfeit and pay for every 
such offence the sum of twenty pounds. § 26. 

Commanders to send letters to the post office, for which an allowance 
to be paid by postmaster-general. —And in case any bags, packages, or 
parcels of letters shall be brought by any ship of war, the commander 
thereof shall cause the same, and all letters which may be on boaru, 
(except the public despatches of government,) to be immediately sent to 
the post-office at the first port where he shall arrive; and such com¬ 
mander shall, for all such letters, be entitled to receive the same allow¬ 
ances as are payable to the masters of other ships and vessels. But in 
case it shall happen from any unforeseen circumstances that the master 
of any ship or vessel, or the commander of any ship of war, shall, upon 
delivering his bags, packages, or parcels of letters, be prevented from 
receiving the money to which he shall be entitled, such master or com¬ 
mander shall nevertheless be paid the same, by the order of the post¬ 
master-general, at such other places as may be most convenient. § 27, 
28. 

Penalties how to be applied. —And one moiety of the several pecu¬ 
niary penalties hereby imposed shall be payable to the use of his Ma¬ 
jesty, and the other moiety to any person who shall inform and sue for 
the same, to be recovered with full costs of suit, by action of debt, bill, 


General Post Office, 5 Nov. 1814. 

^ IR) The act of 54 Geo. IV. c. 169. relating; to ship letters, which requires the officers of 
the customs to seize letters that have not paid the legal rates of postage, having made no provision 
for distinguishing letters belonging to owners of vessels, or the letters and invoices of shippers of 
goods, which under that act are not prevented from being sent free of charge, I am directed by the 
postmaster-general to acquaint you, that they have made a regulation by which letters of the above 
description, if brought open to this office, or to the post-offices of the out-ports, to satisfy the post¬ 
masters generals officers and deputies of their being within the meaning of the exception in the for- 
mer acts, will be stamped as follows;— r 

“ Exempt Ship Letter." 

But the parties will also be required before the stamp is impressed to endorse their letters, if 
owners, 

“ From A. B , owner of the ship C., Captain D., bound to-. Nov. 1814.” 

And when from shippers of goods the endorsement will be- 

“From A. B , solely relating to goods marked A. B., shipped by me or by C. D. on my account 
(as the case may be) on board the ship C., bound to-. Nov. 1814.’’ " 

,™uK, c S;tV S riibi" s were foun<1 °" boari ' vi,h0 ’“ a “"“po"- 1 ™' *i>ip">™< of good*. 

,„ T. h li r . l0 " dS ffi PS hav ,® i nade th,S re e ulation the convenience and satisfaction of merchants as 
™ Ltht ?" r ° ffi 7 rS bllt * s we cannot compel persons to bring their letters here, vour officers will 
no doubt use suco a discretion about the unstamped letters as shall prevent any abuse; where the 
paities have not taken the trouble to get their letters stamped it will be a presumption against them. 

I am, &e. 

O. Delavaud , Esq. FRANCIS FREELING. 


General Post Office, 19 Dec. 1814. 

. hiR I am directed by the postmaster-general to refer you to my letter of the 5 Nov re 
specting certain ship letters supposed to be exempted from postage, and ^o acqua nt you thJt the 
attorney and solictor-general have been consulted, and are of opinion that the sh? P letter lavvs allow 
of no exemption ftom postage for any letters that are not written by the owners of the shin on board 
which they were conveyed My lords, therefo-e, have given directions that letters written by owners 
and shippers of goods unless they are also owners of the vessels on board which such goods ar? 

^ postages. The exempt sfamp 


be continued to be applied to the letters of owners of vessels, &c. 

btus f fcisJtel Jt 

G. Delavaud, Esq, 


I am, &c. 

FRANCIS FREELING. 






345 


CONVEYANCE OF SHIP LETTERS. 

plaint, or information, in any of his Majesty’s courts of record in Great 
Britain. § 29. 

In actions on the 9th Anne, c. 10, or 42 Geo. III. c. 81, proof shall 
lie on the defendant. —This clause is the same as at page 339. § 30. 

Limitation of actions, treble costs. —This clause is the same as at 
page 339. § 32. 

Act not to extend to letters , fyc. to or from China. —Nothing in this 
act contained shall be construed to extend to any letters or packets to 
or irom China, but they may be sent and carried as heretofore has been 
used, any thing to the contrary herein contained notwithstanding. § 33. 


7 and 8 Geo. IV. c. 21. 

An Act to amend the Laws relating to the Duties of Postage in Great 
Britain and Ireland. (Passed May 28, 1827.) 

Packet postage between Great Britain and Ireland to be payable 
according to schedule .—From and after July 5, 1827, no other packet 
postage shall be demanded for letters or packets between Great Britain 
and Ireland other than is specified and set forth in schedule (A) 
given at page 347 ; and all rates or duties of packet postage between 
Great Britain and Ireland, under any act or acts passed at any time 
before the passing of this act, shall cease and determine. § 2. 

Colonial newspapers brought into Great Britain and Ireland by 
ships other than packets, to be charged 3d. each. —Whereas newspapers 
printed within his Majesty’s colonies and possessions beyond the seas, 
brought into Great Britain and Ireland by ships other than packets . and 
sent to the post-office of the port or place at which the letters brought 
by such ships are landed, are not liable to the same rates and duties of 
postage as letters ; and it is expedient that the law in this respect should 
be amended : it is therefore enacted, that it shall be lawful lor his Ma¬ 
jesty’s postmaster-general in Great Britain and Ireland to demand for 
the conveyance of every such paper by any ship other than a packet, 
and delivered by the commander of any such ship at any post-office with 
the ship’s letters, the sum of threepence, on the delivery thereof to the 
person or persons to whom the same shall be addressed ; provided 
every such paper be sent without a cover, or in a cover open at the 
sides; and that there be no writing thereon other than the superscrip¬ 
tion ; and that there be no other paper or thing enclosed or concealed 
therein. § 6. 

Letters, &c. to and from Ilowth or Dunmore not to be charged with 
any increased postage. § 8. 

Newspapers, Sfc. to be put into the post-office within seven days after 
publication. —But if put into any post-office after the expiration of 
seven days, such paper shall be charged with a rate of postage equal to 
that of a single letter. § 12. 

Letters with merchants' accounts, Sfc. and letters to more than oneperson 
on the same paper to be charged as single letters only. —Whereas by the 
laws in force merchants’ accounts, bills of exchange, invoices, bills of 
lading, and proceedings at law, written on one and the same piece of 
paper with a letter, and also several letters to several and distinct per¬ 
sons, written upon one and the same piece of paper, are liable to be 
rated, taxed, and paid for as so many several and distinct letters; and 
it is expedient that the laws in this respect should be altered: it is there- 


346 


CONVEYANCE OF SHIP LETTERS. 


fore enacted, that from and after the passing of this act all merchants’ 
accounts, bills of exchange, stamped receipts, invoices, bills of lading, 
and proceedings at law, written on one and the same piece of paper 
with a letter, shall be allowed and taken without rate in the price of the 
letter; and that any piece or sheet of paper upon which letters to seve¬ 
ral and distinct persons shall be written, shall not be charged or charge¬ 
able with any higher rate of postage in Great Britain or Ireland than 
if one letter only were written upon such sheet or piece of paper. § 13. 

To prevent the detention of letters on board ships arriving in Great 
Britain and Ireland from abroad. —It shall be lawful for any person 
thereunto duly authorized and appointed by the postmasters-general of 
Great Britain or Ireland, to demand from the master of any ship or 
vessel arriving at or off any port in Great Britain or Ireland, all such 
letters and packets on board the same as are not exempted by law; 
and the master of such ship is hereby required forthwith to deliver such 
letters and packets to the person authorized to receive the same ; and it 
shall be lawful for the master to retain on board any letters or packets 
exceeding the weight of three ounces , until his arrival at the regular port 
or place of discharge of such vessel ; and in case any letter or packet 
not exceeding the weight of three ounces (not being exempted by law) 
shall be found on board any such ship, or in the possession of the 
master or commander, or of any of the passengers or crew, at any time 
after the time when letters shall have been demanded or delivered as 
aforesaid, every and any penalty payable by law in respect of letters 
found in the possession of the master of any ship or vessel after deliver¬ 
ing his letters at the post-office of any port at which he may touch prior 
to his arriving at the port where the ship is to report, or in the posses¬ 
sion of any of the crew, or in the possession or baggage of any passen¬ 
ger on board, shall attach and be payable in respect of every letter or 
packet, not exceeding the weight of three ounces, which shall be so 
found after such demand and delivery as is required by this act; and 
every such penalty shall be paid and payable by the person or persons 
in whose possession or baggage any such letter or packet shall be dis¬ 
covered, and may be sued for, recovered, and applied in such manner as 
is directed with respect to such penalties by any act or acts in force in 
Great Britain or Ireland relating to the duties of postage. § 14. 

Powers, &c. of former post-office acts extended to this act. § 16. 

2 Wm. IV. c. 15. 

An Act to enable his Majesty’s Postmaster-General to extend the Ac¬ 
commodation by Post , 8fc. and for other Purposes relating to the 

Post-ojfce. 

Postmaster may send letters by any British skips. —The postmaster- 
general, &c. may contract and agree for the conveyance of mails of 
letters by any British vessel to or from any port or place whatsoever, 
and to forward the same accordingly—and to demand, &c. the like 
rates, as if such letters had been conveyed by regular packet-boats. § 10. 

Stealing or opening bags or letters felony. —Every person who shall 
steal or unlawfully take away any bag of letters sent by any ship—or 
shall steal or unlawfully take any letter or packet out of any bag—or 
shall unlawfully open any bag—shall be adjudged guilty of felony, and 
shall be liable to be transported for any term not more than fourteen or 
less than seven years—or be imprisoned for any term not exceeding 
three years. §11. 


CONVEYANCE OF SHIP LETTERS. 


347 


Letters to he sent only through the post-office. —No person shall re¬ 
ceive, take up, dispatch, convey, carry, or deliver, or shall send or cause 
to be sent, or tender or deliver in order to be sent, any letter or packet, 
by any ship or vessel by which his Majesty’s posfcmaster-general shall 
contract for forwarding mails ofletters, on pain of forfeiting for each 
letter the sum of Jive pounds. § 12. 

Exceptions. —Provided always, that nothing shall extend to subject 
any person to any such penalty, in respect of any letter which shall be 
sent with or shall relate to any goods on board any such ship, and 
entered in the ship's manifest. § 13. 

Custom-house officers to search for letters. —Any collector or other 
officer of his Majesty’s customs, at any port or place whatsoever, may 
and they are hereby authorized and required to search every ship in 
any port or place for letters or packets, which may be on board contrary 
to the provisions of this act, and to seize all such letters, and to forward 
the same to the postmaster-general or his deputy at the port or place. 
§ 14. 


TABLE OF THE RATES OF POSTAGE. 

GREAT BRITAIN. 

All former Rates were repealed by the 41 Geo. III. c. 7. (U. K.) by 
which Act new Rates were levied ; to which have been added by the 43 
Geo. III. c. 11. an additional penny on each single letter, and by the 52 
Geo. III. c. 88. an additional penny on each single letter, above the 
distance of twenty miles, (so that the rates of postage now stand as 
follows) ; but the latter sum is not to extend to the islands of Guern¬ 
sey, Jersey, or Man. 

N.B.—The postage stated is in all cases as for a single letter; double 
and treble letters pay in proportion; but no letter and the con¬ 
tents to be charged more than a treble letter, unless it weighs an 
ounce , and then to be charged as four single letters. 


From any post-office in Great Britain to any place,— s. d. 

Not exceeding 15 miles. 0 4 

Exceeding 15 miles and not exceeding 20. 0 5 

20 „ 30. 0 6 

30 „ 50. 0 7 

50 „ 80. 0 8 

80 „ 120. 0 9 

120 „ 170. 0 10 

170 „ 230 0 11 

230 „ 300 1 0 


And so in proportion for any like excess of distance of 100 miles, 
the like further sum of one penny. 

IRELAND. 

By the 7 and 8 Geo. IV. c. 21. schedule A. the postage of 
letters from any place in Great Britain to any place in Ire¬ 
land, or vice versa , is the same as for Great Britain, but— 

Letters and packets conveyed by Packet-boats to pay a 
packet postage over and above all other rates, viz.:— 

Between Portpatrick and Donaghadee . 0 4 

From or to Holyhead or Milford Haven , to or froml q 0 
any'port in Ireland.j 













318 


CONVEYANCE OF SHIP LETTERS. 

To or from Liverpool , from or to Lublin , or any other) ^ y 

port in Ireland.j 

Provided that no tetter sent by way of Liverpool shall be chargeable 
with a higher rate of postage than if it were sent by way of 
Holyhead. 

Letters and packets to and from any part of Great Bri-) 

tain or Ireland, by way of Lublin and Holyhead , in > 0 I 

addition to all other rates (Menai Bridge).J 

-by way of Conway and Chester (Conway Bridge) 0 I 

And so in proportion in all the aforesaid cases for any 
other letter or packet of greater weight than an ounce. 

Liverpool to the Isle of Man, over and above all) r 

other rates . (3 Geo. IV. c. 1 05.) j * 

To Guernsey and Jersey. I I 


Foreign. 


To France. 1 

H OLLAND . 1 

Netherlands. 1 

Denmark. 1 

Sweden and Norway. 1 

Russia. 1 

Germany . 1 

Switzerland. 1 

Spain. 2 


Italy, Ionian Islands, and Turkey K 
via France .j 


d. 

2) 

. 42 Geo III. c. 101— 

4 >45 Geo. III. c. 11— 

^ | 52 Geo. III. c. 86. 

8 1 

b I 9 Ann c. 10— 

Q Ul Geo. III. c. 7(U. K.) 
° ( 45 Geo. III. c. 11— 
g I 52 Geo. 111. 0.88. 

8J 

llj Dilt0 


d. 

6 

10 


Sea Postage to 
and from Falmouth. 

d. 


To Lisbon. 2 

Gibraltar . 2 

From Gibraltar to Malta.. 

Malta. 3 2 

Corfu . 3 2 

Madeira . 2 7 

Azores. . 2 7 

Canaries . 2 7 

America. 2 2 

West India Islands. 2 2 

Jamaica. 2 2 

Leeward Islands. 2 2 

Demerara.. 2 2 

Mexico. 3 0 

Honduras.*. 3 0 

Cuba. 3 0 

St. Domingo. 2 2 

To the 

Cape of Good Hope. , 

Ceylon .l not e „ xceedm f 


s. 

1 

1 

0 

2 

2 

1 

1 

1 

1 
1 
1 
1 
1 

2 
2 
2 
1 


I not exceeding) 
j 3 oz. { 


46 Geo Ill. c. 73— 
52 Geo. III. c. 88. 


7 

6 
3J 

3 

o \ 48 Geo. III. c. 116— 
° J 52 Geo. III. c. 88. 

8 
8 
3 
3 
3 
3 
3 


41 Geo. III. c. 7— 
^45 Geo. III. c. 11— 
52 Geo. III. c. 88— 


6 Geo. IV' c. 44. 


31 


7 and8 Geo. lll.e.fl. 


.0 *2 

East Indies. 

-exceeding 3 oz. 1 0 

From Ditto, not exceeding 3 oz. 0 4 

-, exceeding 3 oz. 1 0 


In addition to any inland postage. 














































CONVEYANCE OF SHIP LETTERS. 349 

s. d. s. d. 


Brazils, or any other Territory of j 
the Crown of Portugal on the >3 6 

Continent of South America . . j 
Buenos Ayres, or any other Ports ^ 
in South America.r 


Carthagena. 3 0 

Columbia. 3 0 

La Guayra. 3 0 


2 

2 

2 

2 

2 


rr 140 Geo. III. c. 116— 
• J5iGeo.HI. c. 88. 

7* } 5 Geo. IV. c. 10. 


1 Geo. IV. c. 44. 

IJ 


From the British Colonies in the West Indies to 


Columbia. 1 

Mexico. 1 


O' 

0 


j>6 Geo. IV. c. 44. 


Newspapers,f Price Currents, &c. to India, open at 

the sides, each.(59 Geo. III. c. Ill 

■-to Africa, and all other places where 

there are no packets. 

--from his Majesty’s Colonies and Plan¬ 
tations, each. (7 and 8 Geo. IV. c. 21. § 6.) 

Letters from places abroad, (except. India,) to pay a 
Sea-postage, above all inland postage, for each 

single letter of. (59 Geo. III. c. 153. § 28.) 

Printed Votes and Proceedings in Parliament to his 
Majesty’s Colonies, and Votes of the Legislative 
Assemblies sent to Great Britain, (§ 5.) if open at the 

sides, per oz. 

Pamphlets, &c. to his Majesty’s Colonies, not exceed¬ 
ing 6 ounces.(7 and 8 Geo. IV. c.»21.) 

And for every oz. above 6 ounces. 


s. d. 

■ 0 1 

' one-half the 
highest rate 
’of packet- 
postage. 

■ 0 3 

► 0 8 

■ 0 OJ 

1 0 

0 3 


Mails made up in London as follows :— 

France, Monday, Tuesday, Thursday, and Friday. Letters received on Tuesday 
and Friday till 11 p. m., and on Monday and Thursday till 7 pm. 
Holland and Netherlands, Germany and the North of Europe, every Tues¬ 
day and Friday. Letters received till 11 p. m. 

Sweden, every Friday. Letters received till 11 p. m. 

America, first Wednesday monthly. 

Jamaica, Leeward Islands, and Demerara, first and third Wednesday monthly. 
Brazil, first and third Tuesday in each month. 

Madeira, first Tuesday in each month. 

Portugal, every Tuesday. 

Gibraltar, Malta, and the Mediterranean, first Tuesday in each month. 
Buenos Ayres, third Tuesday in each month. 

Columbia, 

Honduras, 

La Guayra, 

Mexico, 

Cuba, V third Wednesday monthly. 

St. Doming;),) 


^ first Wednesday monthly. 


* The act states the Sea Postage at 2s. 5 d. only. 
f See page 345. 

X Page 341. 























{} hut 


I • > i l : 


m 


COLOURS AND SALUTES. 


351 


CHAPTER X. 


COLOURS AND SALUTES, AND SHIPS’ ACCOUNTS. 

Colours and Salutes. 

George R. 

Whereas by the first article of the Articles of the Union 
of the Kingdoms of Great Britain and Ireland, as the same have been 
ratified and confirmed by two Acts of Parliament,—the one made in Our 

Parliament of Great Britain, and the other in Our Parliament in Ireland,_ 

it was provided that the Ensigns Armorial, Flags and Banners of Our 
United Kingdom of Great Britain and Ireland, should be such as We 
should appoint by Our Royal Proclamation, under the Great Seal of 
Our said United Kingdom. * * * And whereas according to 

ancient usage the Ensigns, Flags, Jacks, and Pendants worn by Our 
Ships, and appointed as a distinction for the same, ought not to be worn 
on board any ship or vessel belonging to any of Our subjects, so that 
Our Ships and those of Our subjects may be easily distinguished and 
known, We have therefore thought fit, by and with the advice of Our 
Privy Council, to order and appoint the Ensign described on the side 
or margin hereof to be 
worn on board all ships 
and vessels belonging to 
any of Our subjects what¬ 
soever, and to issue this 
Our Royal Proclamation 
to notify the same to all 
Our loving subjects, here¬ 
by strictly charging and 
commanding the Masters 
of all Merchant Ships 
and Vessels belonging to 
any of Our subjects, 

(whether employed in 
Our Service or otherwise) 
and all other persons 
whom it may concern, to 
wear the said Ensign on board their ships and vessels : and to the end 
that none of Our subjects may presume on board their ships to wear Our 
Flags, Jacks, and Pendants, which, according to ancient usages, have 
been appointed as a distinction to Our Ships,—or any Flag, &c. in shape 
and mixture of colours, so far resembling Ours as not to be easily dis¬ 
tinguished therefrom,—We Do,with the advice ofour Privy Council, hereby 
strictly charge and command all Our subjects whatsoever that they do 
not presume to wear in any of their ships or vessels Our Jack, com¬ 
monly called the Union Jack, nor any Pendants, nor any such Colours as 
are usually borne by Our Ships, without particular Warrant for their so 



























352 COLOURS AND SALUTES. 

doing fr 3 m Us, or our High Admiral of Great Britain, &c. And We do 
hereby also further command all Our loving subjects, that without such 
warrant as aforesaid they presume not to wear on board their ships or 
- vessels any Flags, &c. made in imitation of, or resembling Ours, or any 
kind of Pendant whatsoever, or any other Ensign than the Ensign de 
scribed on the side or margin hereof, which shall be worn instead of the 
Ensign before this time usually worn in merchant ships,—(saving that for 
the better distinction of such ships as shall have Commissions of Letters 
of Mart or Reprisals against the Enemy, — and any other ships or vessels 
which may be employed by the Principal Officers and Commissioners of 
Our Navy, &c. Our royal will and pleasure is that all such Ships as have 
commissions of Letters of Mart or Reprisals shall, besides the colours 
or ensigns hereby appointed to be worn by merchant ships, wear a Red 
Jack with a Union Jack described in a canton at the upper corner thereof, 
next the staff—(Government Vessels to wear in addition their seal of 
office) : and We do strictly charge and command that none of Our loving 
subjects do presume to wear any of the said distinction Jacks, unless they 
shall have Commissions of Letters of Mart and Reprisals, or be employed 
in Our service by any of the before-mentioned Offices: and We hereby 
require Our High Admiral, &c. the Governors of our Forts and Castles, 
the officers of our Customs, and the Commanders or Officers of any of 
Our Ships, for the time being, upon their meeting with or otherwise ob¬ 
serving any ships or vessels belonging to any of Our subjects, neglecting 
to wear the Ensign hereby appointed to be borne as aforesaid, or wear¬ 
ing any flag, pendant, jack, or ensign contrary hereunto, (whether at 
Sea or in Port,) not only to seize, or cause to be forthwith seized, such 
Flag, &c. but also to return the Names of such Ships and Vessels neglect¬ 
ing to wear the Ensign hereby appointed, or wearing any Flag, &c. con¬ 
trary hereto, together with the names of their respective masters or 
commanders, unto our High Admiral, or the Judge of our Court of Ad¬ 
miralty for the time being, to the end that all persons offending may be 
duly punished for the same; and We do hereby command and enjoin 
the Judge and Judges of our High Court of Admiralty for the time being, 
that they make strict inquiry concerning all such offenders, and cause 
them to be duly punished; and all Vice-admirals and Judges of the 
Vice-admiralties are hereby also required to proceed, in like manner, 
within the several ports and places belonging to their respective pre¬ 
cincts. 

Given at our Court of St. James’s the first day of January one 
thousand eight hundred and one, in the forty-first year of our 
reign. 

God save the King. 

By the Commissioners for executing the office of Lord High Admiral 
of tiie United Kingdom of Great Britain and Ireland, &c. 

Whereas by our Warrant, dated the 15 November, 1822, we, by 
virtue of the power and authority vested in us, authorized his Majesty’s 
subjects to hoist the Union Jack at the top-mast-head of their ships or 
vessels, (where there is but one mast, or at the foretop-mast head, where 
there are more than one mast,) as a signal for a pilot , but strictly pro¬ 
hibited the wearing or hoisting the said jack for any purpose whatso¬ 
ever, or longer than is necessary for the procuring a pilot, excepting for 
signals only, under the circumstances therein mentioned, until the 1 
January , 1824. 


COLOURS AND SALUTES. 353 

And whereas it has been proposed to us, to abolish the use of his 
Majesty’s Union Jack in merchant ships for any purpose whatsoever, 
and that the Signal Jack to be hereafter worn by merchant ships should 
have an entire white border , being one-fifth of the breadth of the jack 
itself, (exclusive of such border,)—and that such jack so altered should 
also be in future used on board merchant vessels as a signal for a pilot, 
instead of the union jack at present used for that purpose under the 
authority of our before-mentioned warrant of the 15 November, 1822 : 
and we having approved of the said proposal, do hereby authorize all 
his Majesty’s subjects to hoist and use, on and after this date, on board 
their ships and vessels, for Signals, as well for a Pilot as otherwise, the 
above-mentioned signal jack with an entire white border, such border 
being one-fifth of the breadth of the jack itself, exclusive of the border. 

Given under our hands and seal of the office of Admiralty, the 
7 July, 1823. 

MELVILLE. 

WM. JOHNSTONE HOPE. 


By command of their lordships, 

J. W. CROKER. 

(Gazette, 8 July, 1823.) 


Of Colours. 

Flag-officers and captains of the Royal Navy are forbidden to carry 
any other flag or pendant than that which belongs to their proper rank, 
except when his Majesty or any of the Royal Family are on board ; or 
unless they shall be directed to do so by the Admiralty, or by a superior 
officer. 

When two flag-officers, carrying the same flag at the same mast-head, 
shall serve together, the Commander-in-chief may order either of them 
to carry such other flag as he shall think fit, to prevent the confusion 
which might otherwise be occasioned. 

When flag-officers shall think fit to carry their flag at the head of 
their boats, their ranks are to be distinguished as follows, viz.— 

The Admiral of the Fleet, and the Admirals of the red, white, and blue, 
are to carry their proper flag; the Vice-admirals of the red and blue are 
to carry one white ball; and the Vice-admirals of the white, one blue 
ball in their respective flags. Rear-admirals of the red and blue to 
carry two white balls, and Rear-admirals of the white two blue balls in 
their respective flags. The balls are to be large enough to be easily 
distinguished, and are to be in the upper part of the flag, and near the 
staff. 

The Commanders of his Majesty’s ships are not to suffer any Foreign 
Ships to ride in his ports or roads with false colours ; but, if they per¬ 
sist in doing so, (after being admonished,) they are to put the ships 
under arrest, and to send an account thereof to the Secretary of the 
Admiralty. 

2 a 


354 


OF SALUTES. 


Of Salutes to his Majesty's Ships , 8fc. 

1. The Admiral and Commander-in-chief of the Fleet is to be saluted 
with seventeen g*uns; he is to return fifteen to all Flag-officers, and 
thirteen to Captains. 

2. Admirals are to be saluted with fifteen guns, and Vice and Rear- 
admirals with thirteen. 

3. Every Flag-officer is to return the salute of another flag-officer ot 
the same rank with the same number of guns he is saluted with. 

4. An Admiral is to return two guns less to a Vice or Rear-admiral, 
and four guns less to a Captain. A Vice-admiral is to return two guns 
less to a Rear-admiral, and four less to a Captain. A Rear-admiral is to 
return two guns less to a Captain. Commodores are to salute, and to 
be saluted as Rear-admirals. 

5. Ships meeting a squadron, in which there are more than one flag- 
officer, are to salute the Commander only of such squadron, who is not 
to return the salute until all the ships saluting have ceased firing; he 
is then to make one general return by firing the number of guns with 
which an officer of his rank is saluted. 

6. When two squadrons meet, only the officers who command them 
are to salute. 

7. A Flag-officer appointed to command in chief shall be saluted on 
hoisting his flag by all the ships under his command unless a flag- 
officer senior to him be present; in which case they are to salute him 
so soon as he shall be separated from such senior officer. 

8. Flag-officers are not to be saluted by other flag-officers, nor by 
Captains, who shall not have been separated from them six calendar 
months. 

9. The Captain of one of his Majesty’s ships is not to salute the Cap 
tain of another of his Majesty’s ships in any part of the World. 

10. Flag-ships are to return the salutes of Foreign Ships of War, in 
the same manner as they return the salutes of his Majesty’s ships. If 
a Captain be saluted' by a Foreign Ship of War, he is to return it with an 
equal number of guns. 

11. Merchant-ships, (whether belonging to his Majesty’s subjects, 
or to those of any other nation,) are to receive, in return to their salutes, 
six guns less from the Admiral and Commander-in-chief of the fleet, four 
less from all other Flag-officers, and two less from Captains ; but, when 
several merchant-ships salute at the same time, the officer saluted may 
return such a number as he shall think proper. 

12. When His Majesty or any of the Royal Family shall go on board 
any of his Majesty’s ships, the standard is to be hoisted at the main¬ 
top-gallant-mast head of that ship, and They are to be saluted with 
twenty-one guns on their going on board, and on their leaving the ship, 
and as much oftener as from circumstances the commanding officer shall 
think proper. 

13. When a Nobleman, or any other person in a High Public Station, 
shall embark on board any of his Majesty’s ships, he may be saluted 
on his going on board, and on his quitting the ship, with the following 
number of guns, viz.— 

A Duke or Ambassador with. 15 

All other Noblemen and Envoys . 13 

14. If any Nobleman shall visit any of his Majesty’s ships, he 



OF SALUTES. 355 

may be saluted, on his leaving the ship, with the following number of 
guns, viz — 

A Duke with. 15 

All other Noblemen. 13 


But if he visit several ships of any squadron, or in the same port, he 
shall be saluted by only one of them. 

15. If the ship of a Flag-officer anchor in any foreign port or road, he 
is to inform himself what salutes have been usually given or received 
by flag-officers of his rank of other nations, or by those of his Majesty, 
and he is to insist on receiving the same marks of respect. 

16. If a ship, not carrying a flag, anchor in any Foreign port or road, 
the captain may salute the Fort with such a number of guns as may have 
been customary, on his receiving an assurance from the Governor that 
the Fort will return an equal number, but without such assurance he is 
never to salute. 

17. If any Foreign Nobleman, Fiag-officer, or General officer, shall go 
on board any of his Majesty’s ships, he may be saluted on his leaving 
the ship with such a number of guns as, from his rank and quality, 
may be proper. And the Captain of a Foreign Ship of War may be 
saluted, on his visiting one of his Majesty’s ships, if such a compliment 
shall have been paid to the Captain of any of his Majesty’s ships on 
visiting the ships of his Nation. 

18. His Majesty’s Consul or a British Factory may be saluted with 
eleven guns on their leaving any of his Majesty’s ships which they 
shall visit; but this may be done only once on the arrival of a ship in 
any Foreign Port, and once before her departure from it. 

19. None of the before-mentioned salutes are to be fired without the 
approbation of the Commanding officer present. 

20. The Anniversary days of the Birth, Accession, and Coronation of 
the King, of the Birth of the Queen, of the Restoration of King Charles 
the Second, and of the Gunpowder Treason, shall be solemnized by 
such of his Majesty’s ships as are in Port, with such a number of guns 
as the Commanding officer present shall direct, not exceeding twenty- 
one in each ship. 

21. All salutes are to be fired from the guns of the upper deck. 

22. His Majesty’s ships are not, on any account, to salute any of his 
Majesty’s Forts or Castles in the United Kingdom. 

23. If a ship, which anchors in any Foreign port or road, shall find 
there a Flag-officer of the Nation to which the port belongs, the Captain 
may salute such Flag-officer with as many guns as he would salute a 
British Flag-officer of the same rank, on his being assured that his salute 
shall be returned, in the same manner as it would be returned to a ship 
of that nation. 

24. Within his Majesty’s Seas his ships are not, on any account, to 
strike their Topsails, nor take in their Flags ; nor in any way to salute 
any Foreign Ship whatever; nor are they, in any other seas, to strike 
their topsails, nor take in their flags, to any Foreign ship, unless such 
Foreign ships shall have first struck, or shall at the same time strike, 
their flags and topsails to his Majesty’s ships. 

25. If any of his Majesty’s subjects shall so far forget their duty as 
to attempt to pass any of his Majesty’s Ships without striking their top¬ 
sails, the names of the Ship and the Master, the Port to which they 
belong, the place from which they came, and that to which they are 
bound, together with Affidavits of the fact, are to be sent to the Secre- 

2 a 2 




356 SHIPS’ ACCOUNTS. 

tary of the Admiralty, in order to their being* proceeded against in the 
Admiralty Court. 

26. If any Flag-officer shall die when on actual service, his flag shall 
be lowered half-mast, and shall continue so until he is buried; and at 
his funeral the Commanding Officer present shall direct such a number 
of rninute-guns, (not exceeding twenty-five,) as he may think proper, to 
be fired by every ship,—to begin when the corpse is put into the Sea, or 
when it is put off from the ship to be carried on shore. 

27. If the Captain of one of his Majesty’s ships shall die, his Pendant 
shall be lowered as directed in the case of the flag, and at his funeral 
the Commanding Officer present shall order such a number of minute- 
guns, (not exceeding twenty,) as he shall think proper, to be fired from 
the ship he commanded,—beginning as in the preceding article. If the 
ship be alone, the Officer succeeding to the Command is to order this to 
be done. 

28. If the Lieutenant of one of his Majesty’s ships shall die, the Com¬ 
manding-Officer present shall order three vollies of Musketry to be fired 
at his funeral from the ship to which he belonged. 

No Merchant-ship is to fire guns in any Road or Port after the watch 
is sety if any of his Majesty’s ships be there. 


As a very comprehensive Code of Signals for the Merchant-service has 
been published by Captain Marryat, R.N., and sold by Richardson, 
Cornhill, it is not necessary to extend this article; but it may be useful 
to add, that for the port of Liverpool a useful little pamphlet has been 
arranged by the Rev. Mr. Holden. 


Ships’ Accounts. 

Book-keeping is the art of placing Accounts in such a clear and 
regular manner, that the whole, or any part, of the money received and 
paid may, with the greatest perspicuity and readiness, be ascertained. 

The Ship must be made Dr. for whatever is paid, and must have 
Credit for whatever is received upon her account. 

It is recommended to every captain to keep a small rough memoran¬ 
dum-book, to set down the money as he lays it out, both for himself and 
his ship ; likewise the money which he receives, lest at any time either 
should be forgotten : then these accounts can be entered into a larger 
book at leisure. By this method he can easily tell whether any thfn«* 
has been omitted or not, by adding up the money paid, and taking it 
from the money received: if what remains be equal to the cash he lias 
in hand, it is plain that nothing has been forgotten. 

The following accounts and examples will be sufficient for any voyage 
whatever, to render a captain’s accounts and transactions concise and 
pleasant to himself, although they be limited to one voyage only; but 
if he go to any other ports before he return home and settle his 
accounts, these are plain enough to give him a perfect idea how to settle 
them for such voyages, (how long soever they may happen to be,) as in 
this voyage, money is disbursed and received at London, Elsinure, and 
Petersburg. 




357 























































358 


THE SHIP-MASTER’S ACCOUNTANT. 


1826. 

July 18 
31 

John Vowell , an Apprentice. £. s. d. 

To cash, at London. 0 5 0 

To balance of four months’ wages, at 5s. per 

month. 0 15 0 

£10 0 

April 2 
June 17 
July 31 

Richard Moatley, an Apprentice. 

To jackets and a shirt. 0 9 10 

To a pound of tea, at the Sound. 0 5 2 

To balance of wages. .. 0 11 8 

£16 8 

By four months’ wages, at 41. per year, from 

April 1st to August 1st. £l 6 8 


Seaman's Receipt. 

Received of Capt. Thomas Smith, master of the Favourite Nancy, 
of London, fourteen pounds, for Wages during the time of my service oil 
board the said ship, or any other ship belonging to the same owners. 
Witness my hand, at London, this first day of August, 1826. 

Peter Sennit. 


£14 0 0 Witness, Bilton Metcalf. 


Bill drawn at the Sound. 

£20 sterling. Elsinure, 1 6th of June, 1826. 

Six weeks after date, pay to Mr. Thomas Lively, or his order, 
twenty pounds sterling, value received for the use of the Favourite 
Nancy, and place the same to the account of 


To John Thompson, Esq. 
London. 


Thomas Smith. 























THE SHIP MASTER’S ACCOUNTANT. 


359 


Account of Disbursements for the Ship Favourite Nancy, 
on a Voyage to Petersburg, and back. 

By Thomas Smith, Master. 


1826. 

Commenced April 1, 1826 

£. 

s. 

d. 

April 1 

To the seamen’s contract . 

0 

17 

6 


To forty tons of ballast. 

2 

10 

0 

3 

To men heaving in ditto. 

0 

14 

0 


To greens and oatmeal . 

0 

2 

0 


To two handspikes... 

0 

2 

0 

4 

To the sail-maker’s bill. 

18 

14 

0 


To the smith’s bill. 

3 

19 

4 


To mending a stove . 

0 

3 

8 

5 

To the baker’s bill. 

4 

0 

0 


To the butcher’s bill. 

5 

15 

4 

6 

To butter and sugar for sea-stock. 

0 

17 

11 


To a dozen bottles of porter. 

0 

6 

6 


To waterage and coffee-house expenses. . . . 

0 

4 

1 


To watermen going down the Pool. 

0 

5 

3 

7 

To fresh meat, at Gravesend. 

0 

2 

0 


To charges of clearing, at ditto. 

1 

0 

0 


At Yarmouth. 




11 

To greens . 

0 

2 

0 


To bread. 

0 

1 

8 


To a fowl. 

0 

1 

2 



1 05 1 

18 

5 


< 

At Elsinure. 

£. s. 

d. 

April 24 

To postage of a letter. 

0 

1 

0 


C To two half-ankers of brandy, for the ship’ 

s 




J use . 

2 

10 

0 


(Jlo three pounds of tea. 

0 

12 

0 

June 16 

To pilotage through the Grounds. 

1 

0 

0 


To port charges up and down . 

. 4 

0 

0 


To fresh meat. 

. 0 

10 

0 


To butter, sugar, &c. 

. 0 

7 

0 


To a shore-boat . 

. 0 

10 

0 



<£9 

10 

0 







































360 


THE SHIP-MASTER S ACCOUNTANT. 


Disbursements. 


1826. 
May 11 

12 

15 

20 


27 


July 16 


17 

28 


At Petersburg. rubles, cop. 

To drink-money to the pilot. 1 0 

{ To eighty-four pounds of beef. 1 0 

To two large casks of beer . 0 50 

To a square top-mast. 5 50 

To four bolts of sail-cloth. 21 20 

{ To port-charges. 28 0 

To harbour-master, &c. 5 6 

To deals for dunnage. 24 0 

To mats ditto. 5 0 

To commission on the freight, paid the 

merchant. 20 0 

To cooking on shore. 5 0 

To expenses. 20 0 

To the butcher’s bill . 27 0 

To the baker’s bill. 20 0 

To postage of letters. 2 0 

To pilotage out to sea. 3 0 


Rubles 188 20 


At London. £. s. d. 

To watermen coming up the Pool. 0 7 6 

To entering a protest. 0 5 0 

To reporting and light-money at the custom¬ 
house . 4 7 6 

To heaving up the chains . 0 5 0 

To mutton and beef . 1 4 4 

To transporting ship. 0 7 0 

To workmen unloading. 0 10 0 

To hospital bills. 0 18 0 

To chain-dues. 0 18 0 

To waterage and expenses. 0 6 9 

To greens and oatmeal. 0 2 0 

To canldes &c. 0 7 6 


£9 18 7 









































Ship Favourite Nancy’s Portage-Bill on a Voyage to Petersburg. 


THE SHIP-MASTER S ACCOUNTANT. 


361 


II CO 
-T; 01 

I S’ 

is is 



© 

o 

o 

o 

o 

o 

CD 

CO 

Co 

© 

o 

o 

lO 

»n 

o 

CO 

CO 

i—H 


24 

1—1 

o 

00 

GO 



CO 

CO 


Wages 
per Month. 

s. rf. 

6 0 0 

3 10 0 

2 10 0 

2 5 0 

2 5 0 

0 5 0 

4 per year 

i 





CO CO 



"6 




c3* G* 



£ 




-O r O 



o 




o o 



r& 




CM <M 



G 




n3 no 



o 




G G 



0) 




G G 



g 

CO 


CO CO CO 


H 

■6 

g 

! $ 

; C 

6-5 6 

: G G 0 

a 



o 

£ 


i O O O 

i 



£ 

i 'S 

i "S 

i £ £ £ 

i 'S 

i 


Tf< 

1 ^ 

1 Tf 

1 CO CO ^ 

1 ^ 

i 


cr; 


m G 




iO 


C -=3 
c o 

CO 

G 

© 

o 

(M 

O* 

S ” 

fciD 

G 

<1 

45 

5 

3 

13 

»-5 

s 


•S. S 

I s 


o o 
Ph^ 
g 
o 


G 

G 

g 

d 

G 

01 

S-. 

d 

G 


Oh 

Ph 


U 

CO 

3 

◄ 

3 


£ 

o 

S3 

a, 




• a 

G3 o 


Je 4 

£ Ph 


£ £ 


CO —, 

2$ *c 

00 CL 


Q Q 


iO 

o o 

-*-> -4-} 

5 5 


<1 Q 


























362 


THE SHIP-MASTER’S ACCOUNTANT. 


Dr. Mr. John Thompson , Owner of the Favourite Nancy : 


To sundry disbursements, per account .... 

To ditto at Elsinure . 

To ditto at Petersburg, 188 rubles, 20 co-1 

pecs, at 4s. per ruble./ 

To disbursements at London . 

To the amount of the portage-bill. 

To a bill remitted from Petersburg, 650 \ 
rubles, exchange at 4s. J 


£. 

s. 

d. 

39 

18 

5 

9 

10 

0 

37 

12 

9 

9 

18 

7 

66 

16 

8 

130 

0 

0 


£293 16 5 


April 2 


11 

May 28 
July 31 


July 31 


Dr. 


Favourite Nancy's Account-current. 


To insurance and other charges. . . 
To commission on the freight, at 
cent., for being ship’s husband 
To disbursements at London, &c.. 

To ditto at the Sound. 

To ditto at Petersburg . 

To ditto at London, homewards . 

To the portage-bill. 

To balance gained. 


per | 


To Mr. J. Thompson, for his half gained .. 
To L. Dorsley, Esq. for his quarter gained 
To J. Woodbine, Esq. for his eighth gained 
To Capt. Smith, for his eighth gained .. . . 


39 

5 

0 

9 

12 

6 

39 

18 

5 

9 

10 

0 

37 

12 

9 

9 

18 

7 

66 

16 

8 

144 

16 

7 

357 

10 

6 

72 

8 

sj 

36 

4 

2 

18 

2 

1 

18 

2 

H 

'144 

16 

7 



































THE SHIP-MASTER’S ACCOUNTANT. 


363 


His Account-current with Thomas Smith. Cr. 


1826. 


£. 

• 

s. 

d. 

April 4 

By cash received before I sailed . 

46 

0 

0 

May 28 

By freight received at Petersburg, 600 ru-~) 

bles, at 4s. per ruble.J 

By net proceeds of the adventuie, per ac- l 

120 

0 

0 

50 

0 

0 


count sales, 250 rubles, at 45. per ruble. . j 

June 16 

By freight to the Sound .. 

1 

4 

4 

Ditto 

By my bill drawn upon him. 

20 

0 

0 

July 10 

By cash received of him. 

10 

0 

0 

20 

By cash ditto. 

27 

15 

6 


By monthly pay to Peter Sennit’s wife .... 

2 

0 

0 

August 1 

By balance due to me. 

16 

16 

7 


London, August 1, 1826. 

£293 

! 16 

5 






Errors excepted. 





Thomas Smith. 


Contra. 


Cr. 


May 25 

By freight to Petersburg. 

120 

0 

0 

By freight to the Sound . 

1 

4 

0 

July 31 

By freight from Petersburg to London, viz. 




100 tons of hemp, at 21. per ton. 

200 

0 

0 


2 tons and 15 cwt. of flax, at 21. per ton 

5 

11 

8 


800 deals, at 3/. per hundred. 

24 

0 

0 


Two-thirds of the port-charges. 

6 

14 

10 


£357 

10 

6 

July 31 

By balance, from above, gained . 

144 

16 

7 


London, August 2, 1826. 

♦ 




Errors excepted. 





Thomas Smith. 































364 


TIIE SHIP-MASTER’S ACCOUNTANT. 


Invoice of sundry Goods shipped on board the Favourite Nancy 
Captain Smith , bound to Petersburg , consigned to the said Captain , 
to be sold for my Account and Risk, viz. 


£. s. d. 

Marked J. T. 4 barrels of rice, cost. 15 8 0 

J. T. 1 cask containing- 10 cheeses. 2 0 0 

1 } r T T f 15 yards of fine broad cloth. 12 0 0 

10x ’ ‘ \ 12 dozen of pen-knives . 3 12 0 


£33 0 0 

£. s. d. 

Entering at the custom-house. 0 5 0 

Wharfage and shipping. 0 14 0 

Porterage and other charges . 0 2 6 

Insurance. 0 13 6 

- 1 15 0 


<£34 15 0 

London, 4th of April, 1826. - 


John Thompson. 


Account-Sales of sundry Goods per the Favourite Nancy , London , 
sold for Account and Risk of Mr. John Thompson , Merchant , at the 
said Place. 

Sold to Sundries , viz. 

Rubles. 


R. Zant, 4 barrels of rice, for. 114 

J. Buerly, 10 cheeses, at 2 rubles . 20 

Ditto, 7 yards of cloth, at 7 rubles per yard. ... 49 

P. Miser, 8 yards of ditto, at 7 ditto. 56 

X. Hassel, 12 dozen of pen-knives. 48 


287 

Rub. Cop. 

14 15 

2 50 

6 0 
14 35 
-37 


Net proceeds. 250 Rub.=£b0. 

___I 

Petersburg, 27th of May, 1826. 

Errors excepted. 


Charges. 

Custom-house charges and duty 
Lighterage and other charges . . 

Brokerage . 

Commission, at 5 per cent. 


Thomas Smith. 






























THE SHIP-MASTER’S ACCOUNTANT. 


365 


Manifest 


K. 11 


F. G. 3.... 

S. S. 1 to 7 
X 27 .... 

P. Z. 

Directed . . 
D. 1 to 100 
W. 1 to 29 

T. D. 

T. D. 

T. D. 

S. E. 

C. 50 to 57 


of Goods on board the Favourite Nancy, of-London, 
bound to the Sound and Petersburg. 

For the Sound. 

1 bale for John Rose. 6 rix-dollars. 

For Petersburg. Rubles . 

1 cask for Van Troop . 12 

7 cases Z. Levy. 28 

1 bale R. Zantippe . 28 

1 cask of porter. 

1 trunk .f 

100 hhds. of tobacco. i P °P e and c °- 492 

29 hhds. of sugar . ) 

4 barrels.V 

1 cask of cheese. >myself. 

1 box of cloth . j 

1 bale E. Priestley . 25 

7 barrels of rice, D. Hagen. 15 

R. 600 


123 

7 

8 

17 

100 

3 

2 


Manifest of Goods shipped on board the Favourite Nancy, 
Thomas Smith, Master, from Petersburg to London. 
bundles of rough hemp. 

packs and 12 bobbins of flax.>for Walkington and Co. 

hundred of ordinary deals. J 

ordinary deals.V 

mats. . .. sfor the ship’s use. 

dozen bottles of brandy. J 

London, 16th July, 1826. Thomas Smith. 

\A Captain's report at the Custom-house, in England, is a copy of such manifest.'] 

A Bill of Parcels for Freight. 

,, ,, r n . . j n London, 29th of July, 1826. 

Messrs. Walkmgton and Co. 

To the owners of the ship Favourite Nancy, Dr 

sundry goods from Petersburg. £. 

To 100 tons of hemp, at 21. per ton . 200 

To 2 tons and 16 cwt. of flax, at 21. per ton 
To 800 deals, at 31. per hundred. 


Pilotage through the Grounds 
Port-charges at the Sound . . 

Shore-boat . 

Waterman up the Pool. 0 

Reporting and light-money . 

Clearing the ship. 


for the freight 


Two-thirds of which are 





. 24 

0 

0 




£229 

11 

8 

£1 

0 

0 




3 

0 

0 




0 

10 

0 




0 

7 

6 




4 

7 

6 




0 

7 

6 




£9 

12 

6 







6 

8 

4 


£236 0 0 












































366 


THE SHIP-MASTER’S ACCOUNTANT. 


Account of Goods taken into the Favourite Nancy , 


Date. 

Mark. 

Numbers. 

Packages orQuality, 

, Length. 

Breadth. 

1826. 




Ft. 

In. 

Ft. 

In. 

April 2 

F. G. .. 

3. 

1 cask of hardware 

4 

2 

4 

2 


S. S. .. 

1 to 7.. 

7 cases of tobacco 

3 

0 

2 

0 


X. 

27 .... 

1 bale. 

4 

3 

2 

7 

3 

P. z... 

1. 

1 cask of porter.. 

3 

0 

2 

0 


directed 


1 trunk. 

3 

4 

2 

5 

4 

D. 

1 to 100 

1 OOhhds of tobacco 





5 

W. 

1 to 29 

29 hhds of sugar.. 






T. D. .. 

. 

4 barrels of rice 






T. D. .. 

. 

1 cask of cheese > 






T. D. .. 

. 

1 box. 





6 

S. E. .. 

. 

1 bale. 

7 

0 

3 

9 


C. 

50 to 57 

7 barrels. 

2 

0 

2 

0 

6 

K .1 

11 .... 

1 bale. 

3 

0 

1 

2 

0 

1 









































THE SHIP-MASTER’S ACCOUNTANT. 


867 


bound to the Sound and Petersburg. 


Depth. 

Solid 

Content* 

Freight. 

By whom 
shipped. 

To 

whom consigned. 

Ft. In. 

Ft. In. 

Rubles. 



3 0 

52 1 

12 

F. Gordon .... 

Van Troop, Petersb. 

l 0 

6 0 

28 

Straver and Co. 

Z. Levy, ditto. 

2 0 

22 0 

28 

Hope & Aubert 

R. Zantippe, ditto. 

1 8 

10 0“ 





1 4 

10 9 





— 


> 

492 

James Wallace 

Pope and Co. ditto. 

— 

— 


John Thompson 


2 11 

81 8 

25 

J. C. Cogan.. .. 

E. Priestley, ditto. 

1 10 

7 4 

15 

Ditto . 

D. Hagan, ditto. 



600 



1 8 

j 10 0 

6 rix-dollars 

Geo. O’Hara .. 

Jn. Rose, Elsinure. 


* This column is obtained from the Merchants’ and Ship-Masters’ Ready 
Calculator, and Complete Pocket Assistant , for all persons concerned in the freight 
of goods ; containing an accurate set of tables, which exhibit at one view the solid 
content of all kinds of packages. 























nm* 10 *HTkuam 








. 

■ 

V. 

* . 







, ■ 








REGISTRY OF SHIPS. 


369 


PART II. 


CHAPTER I. 

REGISTRY OF SHIPS. 


6 Geo. IV. c. 110. 

An Act for the Registering British Vessels. 

Whereas an act was passed in the present session of parliament, in¬ 
tituled “ An Act to repeal the several Laws relating to the Customs,” 
in which it is declared, that the laws of the .customs have become intri¬ 
cate by reason of the great number of acts relating thereto which have 
been passed through a long series of years ; and that it is therefore 
highly expedient for the interest of commerce and the ends of justice, 
and also for affording convenience and facility to all persons who may 
be subject to the operation of those laws, or who may be authorized to 
act in the execution thereof, that all the statutes now in force relating 
to the customs should be repealed, and that the purposes for which they 
have from time to time been made should be secured by new enactments, 
exhibiting more perspicuously and compendiously the various provisions 
contained in them : and whereas by the said act all the laws relating to 
the registering of British vessels will be repealed; and it is expedient to 
make regulations for the registering of such ships and vessels, after 
such repeal shall have effect; be it therefore enacted by the King’s 
most excellent Majesty, by and with the advice and consent of the lords 
spiritual and temporal, and commons, in this present parliament 
assembled, and by the authority of the same, that from and after the 
5 January, 1826, this act shall come into and be and continue in full 
force and operation for the registering of British vessels, except where 
any other commencement is hereinafter particularly directed. § 1. 

No vessel to enjoy privileges until registered. —No vessel shall be en¬ 
titled to any of the privileges or advantages of a British registered ship, 
until the persons claiming property therein shall have caused the same 
to be registered in manner hereinafter mentioned, and shall have ob¬ 
tained a certificate of such registry from the persons authorized to make 

2 B 



370 


REGISTRY OF SHIPS. 


such registry, and grant such certificate as hereinafter directed; the 
form of which certificate shall be as follows, viz.:— 

“ This is to certify, that in pursuance of an act passed in the sixth 
year of the reign of King George the Fourth, intituled An Act [ here 
insert the title of this act, the names, occupation , and residences of the 
subscribing owners,] having taken and subscribed the oath* required by 
this act, and having sworn that [he or they] together with [names, 
occupations, and residences of non-subscribing owners ] is [or are] sole 
owner or owners, in the proportions specified on the back hereof, of the 
ship or vessel called the [ ship’s name ] of [ place to which the vessel 
belongs ,] which is of the burthen of [ number of / o ? j $,] and whereof 
[ masters name ] is master, and that the said ship or vessel was [when 
and where built, or condemned as prize , referring to builders certifi¬ 
cate, judge’s certificate, or certificate of last registry, then delivered up 
to be cancelled,'] and [name and employment of surveying officer] having 
certified to us that the said ship or vessel has [number] decks and 
[number] masts, that her length from the fore part of the main stem to 
the after part of the stern post aloft is [number of feet and inches,] her 
breadth at the broadest part [stating whether that be above or below the 
main wales] is [number of feet and inches,] her [height between decks , 
if more than one deck, or depth in the hold, if only one deck] is [num¬ 
ber of feet and inches ,] that she is [how rigged] rigged with a [standing 
or running] bowsprit, is [description of sterii] sterned [carvel or 
clinker] built, has [whether any or no] gallery, and [kind of head, if 
any] head ; and the said subscribing owners having consented and 
agreed to the above description, and having caused sufficient security 
to be given, as is required by the said act, the said ship or vessel called 
the [name] has being duly registered at the port of [name of port.] Cer¬ 
tified under our hands at the custom-house, in the said port of [ name o, 
port] this [date] day of [name of month] in the year [words at length .] 

[$/g«ed] Collector. 

[Signed] Comptroller ” 

And on the back of such certificate of registry there shall be an account 
of the parts or shares held by each of the owners mentioned in such 
certificate, in the form following: § 2. 

“ Names of the several owners Number of sixty-fourth shares 

within mentioned. held by each owner. 

[Name] - Thirty two. 

[Name] - Sixteen. 

[Name] -- Eight. 

[■Naim - Eight. 

[S/gTied] Collector. 

[Signed] Comptroller.” 

Perso?is authorized to make registry and grant certificates .+—The 
persons authorized to make such registry and grant such certificates 
shall be the collector and comptroller of customs in any part of the 
United Kingdom, and in the Isle of Man, in respect of ships or 
vessels to be there registered; and the principal officers of customs in 

* A declaration is now required instead by 2 and 3 Win. IV. c 8J. i 3 t See ua^e 388 
f See also page 387. ' * & 









REGISTRY OF SHIPS. 


371 


the island of Guernsey, or Jersey, together with the governor, lieu¬ 
tenant-governor, or commander-in-chief of those islands, in respect of 
ships or vessels to be there registered; and the collector and comptroller 
of customs of any port in the colonies, plantations, islands, and territo¬ 
ries in Asia, Africa, and America;* and the collector of duties at any 
port in the territories under the government of the East India company, 
and within the limits of the charter of the said company, payable to the 
said company, or any other person of the rank of senior merchant, or of 
six years standing in the said service, being appointed to act in the ex¬ 
ecution of this act, by any of the governments of the said company in 
India, in any ports in which there shall he no collector and comptroller 
of customs, in respect of ships or vessels to be there registered; and the 
governor, lieutenant-governor, or commander-in-chief of Heligoland 
and Cape of Good Hope,t in respect of ships or vessels to be there re¬ 
gistered : Provided always that no ship or vessel shall be registered at 
Malta, Gibraltar, or Heligoland, except such as are wholly of the built 
of those places, and such ships or vessels shall not be registered else¬ 
where ; and such ships or vessels so registered shall not be entitled to 
the privileges of British ships in any trade between the said United 
Kingdom and any of the colonies, plantations, islands, or territories in 
America: Provided also, that wherever by this act it is directed that 
any act shall be done by, to, or with any collector and comptroller of 
customs, the same may be done by, to, or with the principal officers of 
customs in the islands of Guernsey or Jersey, together with the gover¬ 
nor, lieutenant-governor, or commander-in-chief of those islands, and 
also by, to, or with such collector or other person in India in the ser¬ 
vice of the East India company, and also by, to, or with the governor, 
lieutenant-governor, or commander-in-chief of Heligoland or Cape of 
Good Hope: Provided also, that wherever by this act it is directed that 
any act shall be done by, to, or with the commissioners of customs, the 
same shall be done by, to, or with the said commissioners, or any two 
of them, in England, Ireland, or Scotland, and also by, to, or with the 
governor, lieutenant-governor, or commander-in-chief of any place 
where any ship or vessel may be registered under this act, so far as such 
act can be applicable to the registering of any ship or vessel at such 
place. § 3. 

Ships exercising privileges before registry , to be forfeited. —In case any 
ship or vessel, not duly registered, and not having obtained such certifi¬ 
cate of registry as aforesaid, shall exercise any of the privileges of a 
British ship, the same shall be subject to forfeiture, and also all the guns, 
furniture, ammunition, tackle, and apparel, and shall be seized by any 
officer of customs: Provided always, that nothing in this act shall ex¬ 
tend to affect the privileges of any ship or vessel registered prior to the 
31 December, 1823, or by virtue of any act in force at the time of 
the commencement of this act, until such time as such ships or vessels 
shall be required by this act to be registered de novo. § 4. 

IVhat ships are entitled to be registered. —No ship or vessel shall be 
registered, or having been registered, shall be deemed to be duly re¬ 
gistered by virtue of this act, except such as are wholly of the built 
of the said United Kingdom, or of the Isle of Man, or of the islands of 
Guernsey, or Jersey, or of some of the colonies, plantations, islands, or 
territories in Asia, Africa, or America, or of Malta, Gibraltar, or Heli- 


# What related to the governors and lieutenant-governors, &c. of such territories, 
was repealed by 10 Geo. IV. c. 43. § 12. See page 387. 

f What related to Malta and Gibraltar repealed by 7 and 8 Geo. IV. c. 56. § 18. 

2 13 2 




272 REGISTRY OF SHIPS. 

goland, which belonged 1 o his Majesty at the time of the building of such 
ships or vessels, or such ships or vessels as shall have been condemned 
in any court of admiralty as prize of war, or such ships or vessels as 
shall have been condemned in any competent court as aforesaid, for 
the breach of the laws for the prevention of the slave-trade, and which 
shall wholly belong and continue wholly to belong to subjects duly 
entitled to be owners of ships or vessels registered by this act. § 5. 

Foreign repairs not to exceed 20 s. per ton. —No ship or vessel shall 
continue to enjoy the privileges of a British ship after the same shall 
have been repaired in a foreign country, if such repairs shall exceed 
20s. for every ton of the burthen, unless such repair shall have been 
necessary by reason of extraordinary damage sustained during her ab¬ 
sence from his Majesty’s dominions, to enable her to perform the 
•voyage in which she shall have been engaged, and to return to some 
port of the said dominions; and whenever any ship or vessel, which 
has been so repaired in a foreign country, shall arrive at any port as a 
British registered ship or vessel, the master shall, upon the first entry 
thereof, report upon oath to the collector and comptroller of customs, 
that such ship has been so repaired, under penalty of 20s. for every ton 
of the burthen, according to the admeasurement thereof; and if it 
shall be proved to the satisfaction of the commissioners of customs, 
that such ship was seaworthy at the time when she last departed, and 
that no greater quantity of such repairs have been done to the said 
vessel than was necessary, it shall be lawful for the said commis¬ 
sioners, upon full consideration of all the circumstances, to direct the 
collector and comptroller to certify on the certificate of the registry, that 
it has been proved to the satisfaction of the commissioners of customs, 
that the privileges of the said ship have not been forfeited notwith¬ 
standing the repairs done in a foreign country. § 6. 

On combination of workmen. —And as it has recently happened 
that the owners of British ships have been unable to effect the neces¬ 
sary repairs to their vessels in British ports, by reason of combina¬ 
tions of workmen: It is enacted, that for two years from and after 
the passing of this act, when and as often as it shall appear expedient 
to the lords of his Majesty’s privy council, it shall be lawful for them 
to issue their order in behalf of the master or owners of any such ship, 
permitting the same to proceed to some foreign port, to be named in 
such order, and there to be repaired to such extent as shall be neces¬ 
sary, for the voyage in which such ship is engaged. § 7. 

Power to privy council to permit vessels to proceed on their voyage 
with a less number of British seamen than required. —And as by the 
law of navigation British ships cannot proceed to sea unless they be 
navigated by a crew, of which three-fourths at least are British sea¬ 
men ; it is enacted, that for two years from and after the passing of this 
act, when and as often as it shall appear expedient to the lords of the 
privy council, it shall be lawful for them to issue their order in behalf 
of the master or owners of any such ship, permitting such ship to pro¬ 
ceed upon her voyage with a less number of British seamen than is 
required by the law of navigation ; and every ship which shall be na¬ 
vigated with the number of British seamen required in such order, 
shall be deemed to be duly navigated. § 8. 

Ships declared unseaworthy. —If any ship or vessel registered, shall 
be deemed or declared to be stranded or unseaworthy, and incapable 
of being recovered or repaired, and shall for such reasons be sold by 
order of any competent court for tie benefit of the owners, the same 



REGISTRY OF SHIPS. 873 

shall be deemed to be a ship lost or broken up, and shall never again 
be entitled to the privileges of a British-built ship for any purposes of 
trade or navigation. § 9. 

British shijis captured. —No British ship or vessel which has been 
or shall hereafter be captured by and become prize to an enemy or 
sold to foreigners, shall again be entitled to the privileges of a British 
ship : Provided that nothing contained in this act shall extend to pre¬ 
vent the registering of any ship which shall be condemned in any court 
of admiralty as prize of war, or in any competent court for breach of 
laws made for the prevention of the slave-trade. § 10. 

Ships shall be registered at the port to which they belong. —No such 
registry shall hereafter be made, or certificate thereof granted, by any 
persons hereinbefore authorized, in any other port than the port to 
which such ship shall properly belong, except as to ships condemned 
as prizes in Guernsey, Jersey, or Man, which ships shall in future be 
registered in manner hereinafter directed ; but every registry and cer¬ 
tificate, granted in any port to which such ship does not properly 
belong, shall be utterly void, unless the officers aforesaid shall be spe¬ 
cially authorized to make such registry and grant such certificate in 
any other port, by an order in writing under the hands of the commis¬ 
sioners of customs, if they shall see fit; and at every port where re¬ 
gistry shall be made in pursuance of this act, a book shall be kept by 
the collector and comptroller, in which all the particulars contained in 
the form of the certificate of the registry hereinbefore directed to be 
used, shall be duly entered; and every registry shall be numbered in 
progression, beginning such progressive numeration at the commence¬ 
ment of each year; and such collector and comptroller shall forthwith, 
or within one month at the farthest, transmit to the commissioners of 
customs a true and exact copy, together with the number of every 
certificate so granted. § 11. 

Ports to which vessels shall be deemed to belong. —Every ship or ves¬ 
sel shall be deemed to belong to some port at or near to which some 
or one of the owners, who shall take and subscribe the oath required 
by this act before registry be made, shall reside ; and whenever such 
owners shall have transferred all their shares, the same shall be regis¬ 
tered de novo before such ship shall sail from the port to which she 
shall then belong, or from any other port in the same part of the 
United Kingdom, or the same colony, plantation, island, or territory : 
Provided that if the owners cannot in sufficient time comply with this 
act, so that registry may be made before it shall be necessary for such 
ship to sail upon another voyage, it shall be lawful for the collector 
and comptroller of the port, to certify upon the back of the existing cer¬ 
tificate of registry, that the same is to remain in force for the voyage 
upon which the said ship is about to sail; also, if any ship shall be 
built in any of the colonies, plantations, islands, or territories in Asia, 
Africa, or America, to his Majesty belonging, for owners residing in 
the United Kingdom, it shall be lawful for such ship to proceed to any 
part of the United Kingdom, whether by a direct or circuitous voyage, 
and there to import a cargo before registry shall have been made; 
provided the master of such vessel, or the agent for the owner or 
owners, shall have produced to the collector and comptroller of the port 
at or near to which such ship was built, or from which she shall be 
cleared for her voyage, the certificate of the builder, and shall have 
made oath before such collector and comptroller, of the names and de 
scriptions of the principal owners, and that she is the identical ship 


374 


REGISTRY OF SHIPS. 

mentioned in such certificate of the builder, and that no foreigner, to 
the best of his knowledge, has any interest therein ; whereupon the 
collector and comptroller shall cause such ship to be surveyed and mea¬ 
sured, and shall give the master a certificate under their hands and 
seals, purporting to be under the authority of this act, and stating when 
and where, and by whom such ship was built, the description, tonnage, 
and other particulars required on registry, and the voyage for which 
such ship is cleared ; and such certificate shall, for such voyage, have all 
the force of a certificate of registry, and such collector and comptroller shall 
transmit a copy of such certificate to the commissioners of customs. § 12. 

[And such certificate shall be in like force for the navigation of such ship for any 
voyages whatever daring the term of two years from the date of such certificate, 
if such ship shall not sooner arrive at some place in the United Kingdom. 7 Geo. 
IV. c. 48. § 25.] 

Persons residing in foreign countries may not be owners. —No person 
who has taken the oath of allegiance to any foreign state, except under 
the terms of some capitulation, unless he shall afterwards become a 
denizen or naturalized subject; nor any person usually residing in any 
country not under the dominion of his Majesty, unless he be a member 
of some British factory, or agent for or partner in any house carrying 
on trade in Great Britain or Ireland, shall be entitled to be the owner, 
in whole or in part, directly or indirectly, of any ship required to be re¬ 
gistered by this act. § 13. 

[But any person who was a member of the company of merchants of England 
trading to the Levant seas, at the time of its dissolution, and who was a resident 
at any of the factories of the said company, may continue to own any share or 
shares in any British registered ship, of which at the time of such residence he 
was an owner or part owner, although such person shall continue to reside at any 
of the places where such factories had existed prior to the dissolution of the said 
company. 7 Geo. IV. c. 48. § 27.] 

Oath * to be taken by subscribing owners previous to registry. —No 
registry shall be made, or certificate granted, until the following oath 
be taken and subscribed before the persons hereinbefore authorized to 
make such registry by the owner of such ship, if such ship belongs to 
one person only ; or in case there shall be two joint owners, then by 
both of such joint owners, if both shall be resident within twenty miles 
of the port, or by one of such owners, if one or both shall be resident at 
a greater distance from such por.; or if the number of such owners 
shall exceed two, then by the greater part of the number, if the greater 
number shall be resident within twenty miles of such port, not in any 
case exceeding three of such owners, unless a greater number shall be 
desirous to join in taking and subscribing the oath, or by one of such 
owners, if all, or all except one, shall be resident at a greater distance : 

“ I A. B. of [ place of residence and occupation ] do make oath, That the ship or vessel [ name ] of 
L port or place] whereof [master’s name ] is at present master, being [kind of built, burthen, et ctetera, 
as described in the certificate of the surveying officer,] was [when and where built, or if prize or for¬ 
feited, capture and condemnation, as such,] and that I the said A. B. [and the other owners' names 
and occupations, if any, and where they respectively reside, videlicet, town, place, or parish, and 
county, or if member of and resident in any factory in foreign parts, or in any foreign town or city, 
being an agent for or partner in any house or copartnership actually carrying on trade in Great Bri¬ 
tain or Ireland, the name of such factory, foreign town, or city, and the names of such house or co¬ 
partnership] ain [or are] sole owner [or owners] of the said vessel, and that no other person or per¬ 
sons whatever hath or have any right, title, interest, share, ,or property therein or thereto; and that 
I the said A.B. [and the said other owners, if any] am [or are] truly and bona fide a subject [or 
subjects] of Great Britain ; and that I the said A. B. have not [nor have anyof the other owners, to 
the best of my knowledge and belief] taken the oath of allegiance to any foreign state whatever, 
[except under the terms of some capitulation, describing the particulars thereof,] or that since my 
taking [or his or their taking] the oath of allegiance to [naming the foreign states respectively to 
which he or any of the said owners shall have taken the same.] 1 have [or he or they hath or have] 
become a denizen [or denizens, or naturalized subject or subjects as the case may be] of the United 


* A declaration is now required instead, by 2 and 3 Win. IV. c.84. § 34. See page 388. 




REGISTRY OF SHIPS. 


375 


Kingdom of Great Britain and Ireland, by his Majesty’s letters patent, or by an act of parliament, 
f miming the times when such letters of denization have been granted respectively , or the year or years 
in which such act or acts for naturalization have passed respectively ,] and that no foreigner directly 
or indirectly hath any share or part interest in the said ship or vessel.” 

Provided that if it shall become necessary to register any ship belong¬ 
ing to any corporate body, the following oath, in lieu of the above oath, 
shall be taken and subscribed by the secretary or other proper officer. 
§ H. 

“ I, A. B. secretary or officer of [name of company or corporation ] do make oath, that the ship or 
vessel [name] of [port] whereof [master’s name ] is at present master, being [kind of built, burthen, ct 
ccelera, as described in the certificate of the surveying officer ] was [ when and where built. or if prize 
or forfeited, capture and condemnation , as such,] and that the same doth wholly and truly belong to 
[name of company or corporation.] 

Addition to oath in case the required number of owners do not attend. 
—In case the required number of joint-owners shall not personally 
attend, then such owner or owners as shall personally attend, and take 
and subscribe the oath, shall further make oath, that the part-owner or 
part-owners of such ship then absent is or are not resident within twenty 
miles of such port, and hath or have not, to the best of his or their 
knowledge, wilfully absented in order to avoid taking the oath, or is or 
are prevented by illness from attending. § 15. 

Vessels to be surveyed previous to registry. —Previous to the register¬ 
ing or granting of any certificate of registry, some person or persons, 
appointed by the commissioners of customs, (taking to his or their 
assistance, if he or they judge it necessary, one or more person or per¬ 
sons skilled in the building and admeasurement of ships,) shall go on 
board, and shall strictly examine and admeasure every such ship as to 
every particular contained in the form of the certificate before directed, 
in the presence of the master, or any other person appointed on the part 
of the owners, or in his absence by the said master; and shall deliver 
a true account in writing of all such particulars as are specified in the 
form of the certificate above recited, to the collector and comptroller 
authorized to make such registry and grant such certificate; and the 
said master or other person is to sign his name also to the certificate of 
such surveying officer, provided such master or person shall agree to 
the particulars set forth therein. § 16. 

Mode of admeasurement to ascertain tonnage. —For the purpose of 
ascertaining the tonnage of ships, the rule for admeasurement shall be 
as follows; videlicet , the length shall be taken on a straight line along 
the rabbet of the keel, from the back of the main sternpost to a perpen¬ 
dicular line from the fore part of the main stem under the bowsprit, from 
which subtracting three-fifths of the breadth, the remainder shall be 
esteemed the just length of the keel to find the tonnage, and the breadth 
shall be taken from the outside of the outside plank in the broadest 
part of the ship, whether that shall be above or below the main wales, 
exclusive of all manner of doubling planks that may be wrought upon 
the sides of the ship, then multiplying the length of the keel by the 
breadth so taken, and that product by half the breadth, and dividing 
the whole by ninety-four, the quotient shall be deemed the true contents 
of the tonnage. § 17. 

Ascertaining tonnage when vessels are afioat. —In cases where it 
may be necessary to ascertain the tonnage of any ship when afloat, 
according to the foregoing rule, the following method shall be ob¬ 
served; that is to say, drop a plumb line over the stern of the ship, 
and measure the distance between such line and the after part of the 
sternpost at the load water-mark; then measure from the top of the 


376 


REGISTRY OF SHIPS. 


plumb line, in a parallel direction with the water, to a perpendicular 
point immediately over the load water-mark at the fore part of the main 
stem, subtracting from such measurement the ab^e distance, the re¬ 
mainder will be the ship’s extreme, from which is to be deducted three 
inches for every foot of the load draught of water for the rake abaft, 
also three-fifths of the ship’s breadth for the rake forward, the remainder 
shall be esteemed the just length of the keel to find the tonnage ; and 
the breadth shall be taken from outside to outside of the plank in the 
broadest part of the ship, whether that shall be above or below the main 
wales, exclusive of all manner of sheathing or doubling that may be 
wrought on the side of the ship; then multiplying the length of the 
keel for tonnage by the breadth so taken, and that product by half the 
breadth, and dividing by ninety-four, the quotient shall be deemed the 
true contents of the tonnage. § 18. 

Engine room in steam vessels to be deducted. —Provided always, that 
in each of the several rules before prescribed, when used for the pur¬ 
pose of ascertaining the tonnage of any ship propelled by steam, the 
length of the engine room shall be deducted from the whole length of 
such ship, and the remainder shall, for such purpose, be deemed the 
whole length. § 19. 

Tonnage, when so ascertained, to be ever after deemed the tonnage .— 
Whenever the tonnage shall have been ascertained according to the rules 
prescribed, (except ships which have been admeasured afloat,) such 
account of tonnage shall ever after be deemed the tonnage of such ship, 
and shall be repeated in every subsequent registry, unless any altera¬ 
tion shall be made in the form and burthen, or it shall be discovered 
that the tonnage had been erroneously computed. § 20. 

Bond to be given at the time of registry .*—At the time of the obtain¬ 
ing of the certificate of registry, sufficient security by bond shall be 
given to his Majesty, by the master and such of the owners as shall 
personally attend, as before required, to be approved of and taken by 
the persons authorized to make registry, in the penalties following-, 
that is to say, if such ship shall be.a decked vessel, or be above the 
burthen of 15 tons and not exceeding 50 tons, in the penalty of £100 ; 
if exceeding the burthen of 50 tons and not exceeding 100 tons, in the 
penalty of ,£300 ; if exceeding the burthen of 100 tons and not exceed¬ 
ing 200 tons, in the penalty of ,£500 ; if exceeding the burthen of 200 
tons and not exceeding 300 tons, in the penalty of £800 ; and if 
exceeding the burthen of 300 tons, in the penalty of £1000 ; and the 
condition of every such bond shall be, that such certificate shall not 
be sold, lent, or otherwise disposed of, to any person or persons what¬ 
ever, and that the same shall be solely made use of for the service of 
the ship for which it is granted, and that in case such ship shall be 
lost or taken by the enemy, burnt or broken up, or otherwise prevented 
from returning to the port, or shall on any account have lost and for¬ 
feited the privileges of a British ship, or shall have been seized and 
legally condemned for illicit trading, or shall have been taken in exe¬ 
cution for debt and sold by due process of law, or shall have been 
sold to the crown, or shall under any circumstances have been regis¬ 
tered de novo , the certificate, if preserved, shall be delivered up within 
one month after the arrival of the master in any port, to the collector 
and comptroller of some port in Great Britain, or of the Isle of Man, 
or of the British plantations, or to the governor, lieutenant-governor, 
or commander-in-chief of the islands of Guernsey or Jersey ; and if 
any foreigner or any person for his use shall purchase or otherwise 
* Bond.—See 6 Geo. IV. c. 111. § 18. Duties of Customs. 





REGISTRY OF SHIPS. 377 

become entitled to any interest in such ship, and the same shall be 
within the limits of any port of Great Britain, Guernsey, Jersey, Man, 
or the British colonies, or territories, then the certificate of registry 
shall, within seven days after such purchase or transfer, be delivered 
up to the persons authorized to make registry at such port; and if 
such ship shall be in any foreign port when such purchase or transfer 
shall take place, then the same shall be delivered up to the British 
consul, or chief British officer at or nearest to such foreign port, or if 
such ship shall be at sea when such purchase or transfer shall take 
place, then the same shall be delivered up to the British consul or 
chief British officer at the foreign port at which the master shall first 
arrive, after such purchase or transfer at sea, immediately after his 
arrival at such foreign port; but if such master shall not arrive at a 
foreign port, but shall arrive at some port of Great Britain, Guernsey, 
Jersey, Man, or his Majesty’s said colonies, or territories, then the 
same shall be delivered up in manner aforesaid, within fourteen days 
after the arrival of such ship in any port of Great Britain, Guernsey, 
Jersey, Man, or any of his Majesty’s said colonies, or territories: Pro¬ 
vided always, that if it shall happen that at the time of registry of 
any ship, the same shall be at any other port than that to which she 
belongs, so that the master cannot attend at the port of registry to 
join with the owners in such bond, it shall be lawful for him to give 
a separate bond, to the like effect, at the port where such ship may 
then be, and the collector and comptroller shall transmit such bond 
to the collector and comptroller of the port where such ship is to be 
registered, and such bond, and the bond also given by the owners, 
shall together be of the same effect against the master or owners, or 
either of them, as if they had bound themselves jointly and severally 
in one bond. § 21. 

When master Is changed, new master to give similar bond. —When 
and so often as the master of any ship registered shall be changed, 
the master or owner shall deliver to the persons authorized to make 
registry at the port where such change shall take place, the certificate 
of registry, who shall thereupon endorse and subscribe a memorandum 
of such change, and shall forthwith give notice to the officer of the 
port where such ship was last registered, who shall make a memo¬ 
randum of the same in the book of registers, and shall forthwith give 
notice thereof to the commissioners of customs : Provided that before 
the name of such new master shall be endorsed on the certificate of 
registry, he shall give a bond, in the like penalties and under the same 
conditions as are contained in the bond required to be given at the 
time of registry. § 22. 

Certificate of registry to be given up, as directed by the bond. —If 
any person shall have possession of and wilfully detain any certificate 
of registry, which ought to be delivered up to be cancelled, such per¬ 
son is enjoined to deliver up such certificate of registry, in manner 
directed by the conditions of such bond, under the penalties therein 
provided. § 23. 

Name of vessels registered, never afterwards to be changed —It shall 
not be lawful for any owners to give any name to such ship, other 
than that by which she was first registered; and the owners shall, 
before such ship (after registry) shall begin to take in any cargo, 
paint in white or yellow letters, of a length not less than four inches, 
upon a black ground, upon some conspicuous part of the stern, the 


378 REGISTRY OF SHIPS. 

name by which such ship shall have been registered, and the port to 
which she belongs, in a legible manner, and shall so keep the same; 
and if such owners or master shall permit such ship to begin to take 
in any cargo before the name has been so painted, or shall wilfully 
alter, erase, obliterate, or in anywise hide or conceal, (unless in the 
Case of square-rigged vessels in time of war,) or shall in any written 
or printed paper, or other document, describe such ship by any name 
other than that by which she was first registered, or shall verbally 
describe, or cause or permit such ship to be described, by any other 
name, to any officer of revenue in the execution of his duty, then 
such owners, or master, shall forfeit <£100. § 24. 

Builder's certificate of particulars of ship. —All persons who shall 
apply for a certificate of registry are to produce, to the persons autho¬ 
rized to grant such certificate, a true account, under the hand of the 
builder, of the proper denomination, and of the time when and the 
place where such ship was built, and also an exact account of the 
tonnage, together with the name of the first purchaser, (which 
account such builder is to give under his hand, on the same being 
demanded by such persons so applying for a certificate,) and shall 
also make oath before the persons authorized to grant such certificate, 
that the ship is the same with that which is so described by the 
builder. § 25. 

Certificate of registry lost or mislaid. —If the certificate of registry 
of any ship shall be lost or mislaid, so that the same cannot be found 
or obtained, and proof thereof shall be made, to the satisfaction of 
the commissioners of customs, such commissioners shall permit such 
ship to be registered de novo , and a certificate tnereof to be granted : 
Provided, that if such ship be absent and far distant from the port 
to which she belongs, or by reason of the absence of the owners, or 
of any other impediment, registry of the same cannot then be made in 
sufficient time, such commissioners shall grant a licence for the present 
use of such ship, which licence shall, for the time and to the extent 
specified therein and no longer, be of the same force as a certificate 
of registry under this act: Provided always, that before such registry 
de novo be made, the owners and master shall give bond to the com¬ 
missioners, in such sum as to them shall seem fit, with a condition 
that if the certificate of registry shall afterwards be found, the same 
shall be forthwith delivered to the officers of customs to be cancelled, 
and that no illegal use has been or shall be made thereof with their 
privity; and further, that before any such licence shall be granted the 
master shall also make oath that the same has been registered as a 
British ship, naming the port and time when such registry was made, 
and all the particulars contained in the certificate thereof, to the best 
of his knowledge, and shall also give such bond, and with the same 
condition as before mentioned: also, before any such licence shall be 
granted, such ship shall be surveyed in like manner as if a registry 
de novo were about to be made, and the certificate of such survey shall 
be preserved by the collector and comptroller of the port to which 
such ship shall belong; and in virtue thereof it shall be lawful for the 
commissioners to permit such ship to be registered after her departure, 
whenever the owners shall personally attend to take and subscribe 
the oath required before registry, and shall also comply with all other 
requisites of this act, except so far as relates to the bond to be given 
by the master; which certificate of registry the commissioners shall 


379 


REGISTRY OF SHIPS. 

transmit to the collector and comptroller of any other port, to be by 
them given to the master upon his giving such bond, and delivering 
up the licence granted for the then present use of such ship. § 26. 

Persons detaining certificate of registry to forfeit ,£100.—In case 
the master or any other person, who shall have received or obtained 
by any means, or for any purpose whatever, the certificate of registry, 
(whether a part-owner or not,) shall wilfully detain and refuse to de¬ 
liver up the same to the proper officers of customs, for the purposes 
of such ship, it shall be lawful for any owners to make complaint on 
oath against the master of the ship, or other person, of such detainer 
and refusal, to any justice of the peace near to the place in Great 
Britain or Ireland, or to any member of the supreme court of justice, 
or any justice of the peace in the islands of Jersey, Guernsey, or Man, 
or in any colony, plantation, island, or territory of his Majesty belong¬ 
ing, in Asia, Africa, or America, or Malta, Gibraltar, or Heligoland, 
where such detainer and refusal shall be ; and on such complaint the 
said justice or magistrate shall, by warrant under his hand and seal, 
cause such master or person to be brought before him to be examined, 
and if it shall appear to the said justice or magistrate, on examination, 
that the said certificate of registry is not lost or mislaid, but is wil¬ 
fully detained by the said master or other person, such master or 
other person shall be thereof convicted, and shall forfeit <£100, and 
on failure of payment he shall be committed to the common gaol, 
there to remain for such time as the said justice or magistrate shall 
deem proper, not being less than three months nor more than twelve 
months; and the said justice or magistrate shall certify the aforesaid 
detainer, refusal, and conviction, to the persons who granted such 
certificate of registry, who shall, on the terms and conditions of law 
being complied with, make registry of such ship de novo , and grant a 
certificate thereof, notifying on the back of such certificate the ground 
upon which the ship was so registered de novo ; and if such master 
or other person shall have absconded, so that the said warrant cannot 
be executed upon him, and proof thereof shall be made to the satis¬ 
faction of the commissioners of customs, it shall be lawful for the said 
commissioners, to permit such ship to be registered de novo , or other¬ 
wise in their discretion to grant a licence for the present use of such 
ship, in like manner as in the case wherein the certificate of registry 
is lost or mislaid. § 27.* 

Ship altered in certain manner to be registered de novo .—If any 
ship after registered shall in any manner whatever be altered, so as not 
to correspond with all the particulars contained in the certificate of 
registry, such ship shall be registered denovo, as soon as she returns to 
the port to which she belongs, or to any other port of the United King¬ 
dom, or in the same colony, plantation, island, or territory, on failure 
whereof such ship shall be deemed to be a ship not duly registered. 
§ 28. 

Vessels condemned as prize, or for breach of laws against the slave- 
trade .—The owners of all such ships as shall be taken by any of his 
Majesty’s ships of war, or by any private or other ship, and condemned 
as prize in any court of admiralty, or of such ships as shall be con¬ 
demned for breach of the laws for the prevention of the slave-trade, 
shall, upon registering such ship, before they shall obtain such certi¬ 
ficate, produce to the collector and comptroller a certificate of the con¬ 
demnation, under the hand and seal of the judge, and also a true 
account in writing of all the particulars contained in the certificate 


* See also 7 and 8 Geo. IV. c. 5 6 . § 20. Page 386. 



380 REGISTRY OF SHIPS. 

hereinbefore set forth, to be made and subscribed by one or more 
skilful person or persons, to be appointed by the court to survey such 
ship, and shall also make oath before the collector and comptroller, 
that such ship is the same which is mentioned in the certificate of the 
judge. § 29. 

Prize vessels not to be registered at Guernsey, Jersey, or Man. —Pro¬ 
vided always, that no ship condemned as prize or forfeiture, shall be 
registered in Guernsey, Jersey, or the Isle of Man, although belonging 
to subjects in those islands, buf the same shall be registered either at 
Southampton, Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or 
Whitehaven, by the collector and comptroller at such ports. § 30. 

Transfers of interest to be made by bill of sale. —When and so often 
as the property in any ship, or any part thereof, belonging to subjects, 
shall after registry be sold to any other subjects, the same shall be 
transferred by bill of sale, or other instrument in writing, containing a 
recital of the certificate of registry, or the principal contents thereof, 
otherwise such transfer shall not be valid for any purpose whatever, 
either in law or in equity : Provided always, that no bill of sale shal 
be deemed void by reason of any error in such recital, or by the 
recital of any former certificate of registry instead of existing certifi¬ 
cate, provided the identity of the ship be effectually proved thereby. 
§31. 

Property in ships to be divided into sixty-four parts or shares. —The 
property in every ship of which there are more than one owner, shall 
be considered to be divided in sixty-four parts or shares, and the pro¬ 
portion held by each owner shall be described in the registry as being 
a certain number of sixty-four parts or shares; and no person shall be 
entitled to be registered as an owner in respect of any proportion, 
which shall not be an integral sixty-fourth part of the same ; and 
upon the first registry, the owners who shall take and subscribe the 
oath required by this act, before registry be made, shall also declare 
upon oath the number of such parts then held by each owner, and the 
same shall be so registered accordingly: Provided always, that if it 
shall at any time happen that the property of any owner cannot be 
reduced, by division, into any number of integral sixty-fourth parts, it 
shall be lawful for the owner of such fractional parts, to transfer the 
same one to another, or jointly, to any new owner, by memorandum 
upon their bills of sale, or by fresh bill of sale, without such transfer 
being liable to stamp duty: Also, the right of such owners to such 
fractional parts shall not be affected by reason of the same not having 
been registered : Also, it shall be lawful for any number of such 
owners, described in such registry, being partners, to hold any ship, 
or any shares of any ship, in the name of such copartnership, as joint- 
owners, without distinguishing the proportionate interest of each, and 
such ship, or the share or shares thereof so held in copartnership, 
shall be deemed to be partnership property, and shall be governed by 
the same rules as relate to ail other partnership property in any other 
goods. § 32. 

Only thirty-two persons to be owners of any ship at one time. —No 
greater number than thirty-two persons shall be entitled to be legal 
owners at one time of any ship, as tenants in common, or to be 
registered as such : Provided always, that nothing herein shall affect 
the equitable title of minors, heirs, legatees, creditors, or others, ex¬ 
ceeding that number, holding from any of the persons within the said 
number: also, if it shall be proved to the satisfaction of the com- 


REGISTRY OF SHIPS. 381 

missioners of customs, that any number of persons have associated 
themselves as a joint stock company, for the purpose of owning any 
ship, or number of ships as joint property, and such company have 
elected or appointed any number, not less than three of the members, 
to be trustees of the property, it shall be lawful for such trustees, or 
three of them, with the permission of such commissioners, to take the 
oath required before registry be made, except that instead of stating 
therein the names and descriptions of the other owners, they shall 
state the name and description of the company, § 33. 

Shares to be registered on registry de novo under this act. —When¬ 
ever any ship (registered before the said 31st of December, 1823, and 
not registered de novo since that day, and before the commencement 
of this act) shall be registered de novo, the number of shares held by 
each owner shall be registered as far as practicable, and to that intent 
the owners, who shall take the oath required before registry, shall 
produce the bills of sale of themselves and of the other owners, in 
order that the number of shares held by each may be ascertained and 
registered ; and if the registry then in force shall be the first registry, 
and the shares of any of the owners shall remain the same, and the 
owner or owners, or any one of them, who shall attend to take the 
oath required before registry, shall be the same who took such oath 
before such first registry was made, such original owner or owners, 
instead of producing the bills of sale, shall declare upon oath, to the 
best of their knowledge and belief, the number of such shares held by 
them, or by any other original owners, whose property shall have re¬ 
mained unchanged : Provided always, that if at the time of such 
registry de novo such owners shall make oath that they are unable to 
produce the bill or bills of sale, or to give any certain account or 
proof of the shares of the other previous owners, it shall be lawful for 
the collector and comptroller to register such ship without requiring 
the shares of such owners to be declared and specified. § 34. 

Shares must be registered within a certain time. —After the com- 
/hencement of this act, or after the first arrival and entry of any ship 
after such commencement at the port to which she belongs, or at any 
other port, no certificate of registry shall be in force, except such as 
shall be granted under this act, or which shall have been granted 
under 4 Geo. IV. c. 41, intituled “ An Act for the registering of Ves¬ 
sels,” and in which the shares held by each owner shall be set forth, 
unless it shall be certified thereon by the collectors and comptroller of 
the port to which such ship belongs, that farther time has been granted 
by the commissioners of customs for ascertaining and registering the 
numbers of such shares as cannot then be ascertained. § 35. 

No stamp duty on first registry. —Upon the first registry, in com¬ 
pliance with this act, of any ship before registered, no stamp duty 
shall be charged upon the bond required to be given ; and if the cer¬ 
tificate of such former registry then delivered up to be cancelled shall 
have a Mediterranean pass attached thereto, no stamp duty shall be 
charged on account of the new Mediterranean pass in lieu of the one 
delivered up. § 36. 

Bills of sale not effectual until produced to officers of customs, and 
entered in the book of registry. —No bill of sale or other instrument in 
writing, shall be valid to pass the property in any ship, or in any 
share thereof, or for any other purpose, until such bill of sale or in- 
stn. nent shall have been produced to the collector and comptroller of 
the port at which such ship is registered, or to the collector and 


382 


REGISTRY OF SHIPS. 

comptroller of any other port at which she is about to be registered de 
novo, nor until such collector and comptroller shall have entered in the 
book of registry the name, residence, and description ot the vendor or 
mortgagor, or of each vendor or mortgagor, if more than one, the 
number of shares transferred, the name, residence, and description of 
the purchaser or mortgagee, or of each purchaser or mortgagee, if more 
than one, and the date of the bill of sale or instrument, and of the pro¬ 
duction of it; and if such ship is not about to be registered de novo , 
the collector and comptroller of the port where such ship is registered 
shall endorse the aforesaid particulars on the certificate of registry when 
produced for that purpose, in manner following:— 

“ Custom House [ port and date; name, residence , and description of vendor or mortgagor ] has trans¬ 
ferred by [bill of sale or other instrument} dated [date; number of shares ] to [name, residence, and 
description of purchaser or mortgagee.} A. B. Collector.. C. D. Comptroller.” 

And forthwith to give notice thereof to the commissioners of customs; 
and in case the collector and comptroller shall be desired so to do, and 
the bill of sale or instrument shall be produced for that purpose, then 
the collector and comptroller are to certify, by endorsement upon the 
bill of sale, that the particulars have been so entered in the book of 
registry, and endorsed upon the certificate of registry. § 37. 

[And such entry in the book of intended registry shall not be made 
until all the requisites of law for the immediate registry of the ship 
or vessel in such book have been complied with ; nor shall such 
entry be valid or certified on the bill of sale until the registry de 
novo of the ship or vessel shall have been duly made, and the 
certificate thereof granted. 7 Geo. IV. c. 48. § 26.] 

Entry of bill of sale to be valid. —When the particulars of any bill of 
sale shall have been so entered in the book of registry, the said bill of sale 
shall be valid and effectual to pass the property, as against all persons 
whatsoever, and to all intents and purposes, except as against subsequent 
purchasers and mortgagees who shall first procure the endorsement to 
be made upon the certificate of registry in manner hereinafter mentioned. 
§ 38. 

IVhen a bill of sale has been entered for any shares , thirty days shall 
be allowed for endorsing the certificate of registry , before any other bill 
of sale for the same shall be entered. —After the particulars of any bill of 
sale shall have been so entered in the book of registry, the collector and 
comptroller shall not enter in the book of registry the particulars of any 
other bill of sale, purporting to be a transfer by the same vendor or 
mortgagor of the same ship or shares, to any other person or persons, 
unless thirty days shall elapse from the day on which the particulars of 
the former bill of sale were entered in the book of registry; or in case 
the ship was absent from the port to which she belonged at the time 
when the particulars of such former bill of sale were entered, then unless 
thirty days shall have elapsed from the day on which the ship arrived at 
the port to which the same belonged ; and in case the particulars of two 
or more such bills of sale shall at any time have been entered in the book 
of registry, the collector and comptroller shall not enter in the book of 
registry the particulars of any other bill of sale, unless thirty days shall 
in like manner have elapsed from the day on which the particulars of 
the last of such bills of sale were entered in the books of registry, or 
from the day on which the ship arrived at the port to which she belonged, 
in case of her absence as aforesaid; and in every case where there shall 
at any time happen to be two or more transfers by the same owners of 
the same property in any ship entered, the collector and comptroller 
are to endorse upon the certificate of registry the particulars of that 
bill of sale under which the persons claim property, who shall pro- 


REGISTRY OF SHIPS. 383 

duce the certificate of registry for that purpose within thirty days after 
the entry of his said bill of sale, or within thirty days next after the 
return of the ship to the port, in case of absence at the time of such 
entry ; and in case no person shall produce the certificate of registry 
within either of the said spaces of thirty days, then it shall be lawful 
for the collector and comptroller to endorse upon the certificate of 
registry the particulars of the bill of sale to such person as shall first 
produce the certificate of registry, it being the true meaning of this 
act that the several purchasers and mortgagees, when more than one 
appear to claim the same property, shall have priority one over the 
other, not according to the times when the particulars of the bill 
of sale were entered in the book of registry, but according to the time 
when the endorsement is made upon the certificate of registry : Pro¬ 
vided always, that if the certificate of registry shall be lost or mislaid, 
or shall be detained by any person, so that the endorsement cannot in 
due time be made thereon, and proof thereof shall be made by the 
purchaser or mortgagee, or his agent, to the satisfaction of the com¬ 
missioners of customs, it shall be lawful for the commissioners to 
grant further time for the recovery of the certificate of registry, or for 
the registry de novo of the said ship, and thereupon the collector and 
comptroller shall make a memorandum in the book of registers of the 
further time granted, and during such time no other bill of sale shall 
be entered for the transfer of the same ship or the same shares. § 39. 

Bills of sale may be produced after entry at other ports than 
those to which vessels belong , and transfers endorsed on certificate of 
registry. —If the certificate of registry of such ship shall be produced 
to the collector and comptroller of any port where she may then be, 
after such bill of sale shall have been recorded at the port to which she 
belongs, together with such bill of sale, containing a notification of 
such record, signed by the collector and comptroller of such port, it 
shall be lawful for the collector and comptroller of such other port, to 
endorse on such certificate (being required so to do) the transfer men¬ 
tioned in such bill of sale, and such collector and comptroller shall 
give notice thereof to the collector and comptroller of the port to 
which such ship belongs, who shall record the same in like manner 
as if they had made such endorsement themselves, but inserting the 
name of the port at which such endorsement was made : Provided 
always, that the collector and comptroller of such other port shall first 
give notice to the collector and comptroller of the port to which such 
ship belongs, of such requisition to endorse the certificate of registry, 
and the collector and comptroller of the port to which such ship be¬ 
longs, shall thereupon send information to the collector and comp¬ 
troller of such other port, whether any and what other bill or bills of 
sale have been recorded in the book of the registry of such ship ; and 
the collector and comptroller of such other port having such inform¬ 
ation, shall proceed in manner directed by this act in all respects to 
the endorsing of the certificate of registry, as they would do if such 
port were the port to which such vessel belonged. § 40. 

If upon registry de novo , bill of sale not recorded. —If it shall 
become necessary to register any ship de novo , and any shares shall 
have been sold since she was last registered, and the transfer shall 
not have been recorded and endorsed, the bill of sale shall be produced 
to the collector and comptroller, who are to make registry, or other¬ 
wise such sale shall not be noticed in such registry de novo , except as 
hereinafter excepted : Provided always, that upon the future produc- 


3S4 


REGISTRY OF SHIPS, 


tion of such bill of sale, and of the existing certificate of registry, such 
transfer may be recorded and endorsed, as well after registry de novo 
as before. § 41. 

Upon change of property registry de novo may be granted if de¬ 
sired. —If upon any change of property in any ship, the owners shall 
desire to have the same registered de novo, although not required by 
this act, and the owners shall attend at the custom-house at the port 
to which such ship belongs for that purpose, it shall be lawful for the 
collector and comptroller at such port, to make registry de novo of 
such ship, and to grant a certificate thereof, the several requisites 
herein mentioned being first complied with. § 42. 

Copies of oaths and extracts from books of registry. —The collector 
and comptroller of customs at any port, and the persons acting for 
them, shall, upon every request by any person whomsoever, produce 
and exhibit for inspection and examination any oath or affidavit sworn 
by any such owners, and also any register or entry in any book of 
registry, and shall, upon request by any person whomsoever, permit 
him to take a copy or an extract thereof; and the copies shall, upon 
being proved to be true copies, be received as evidence upon every 
trial at law, without the production of the originals, and without the 
testimony or attendance of any collector or comptroller, as fully as 
such originals, if produced by any collector or comptroller, or other 
person acting for them, could be admitted in evidence. § 43. 

Vessels or shares sold in the absence of owners without formal powers .— 
If the ship or the shares of any owner (out of the kingdom) shall be 
sold in his absence by his known agent or correspondent, and such 
agent or correspondent who shall have executed a bill of sale to the 
purchaser, shall not have received a legal power to execute, it shall be 
lawful for the commissioners of customs, upon application, and proof 
of the fair dealings of the parties, to permit such transfer to be regis¬ 
tered, if registry de novo be necessary to be recorded and endorsed, as 
the case may be, as if such legal power had been produced ; and if anv 
bill of sale cannot be produced, or if, by reason of distance of time, or 
the absence or death of parties concerned, it cannot be proved that a 
bill of sale for any shares had been executed, and registry denovo shall 
have become necessary, it shall be lawful for the commissioners of 
customs, upon proof of the fair dealings of the parties, to permit such 
ship to be registered de novo in like manner as if a bill of sale for the 
transfer of such shares had been produced : Provided always, that in 
any of the cases mentioned, good security shall be given to produce a 
legal power or bill of sale within a reasonable time, or to abide the 
future claims of the absent owner; and at the future request of the 
party whose property has been so transferred, without the production 
of a bill of sale, such bond shall be available for the protection of his 
interest, in addition to any powers which he may have in law or equity 
against the ship, or against the parties concerned, until he shall have 
received full indemnity for any loss sustained. § 44. 

Transfer by way of mortgage .—When any transfer of any ship, or of 
any shares, shall be made only as a security for the payment of a debt, 
either by way of mortgage, or of assignment to trustees for the purpose 
of selling the same, then the collector and comptroller of the port where 
the ship is registered shall in the entry in the book of registry, and also 
in the endorsement on the certificate of registry, state that such transfer 
was made only as a security for the payment of a debt, or by way of 
mortgage; and the person to whom such transfer shall be made, or 


3S5 


REGISTRY OF SHIPS. 

any other person claiming under him as a mortgagee, or a trustee only, 
shal. not by reason thereof be deemed to be the owner; nor shall the 
person making such transfer be deemed to have ceased to be an owner 
of such ship, any more than if no such transfer had been made, except 
so far as may be necessary for the purpose of rendering the ship or 
shares transferred available by sale for the payment of the debt. § 45. 

Transfers of ships for security of debts being registered , rights of 
mortgagee not affected by any act of bankruptcy of mortgagor , Sfc .— 
When any transfer of any ship, or of any shares thereof, shall have been 
made as a security for the payment of any debt, either by way of mort¬ 
gage or of assignment as aforesaid, and such tfinsfer shall have been 
duly registered according to this act, the right or interest of the mort¬ 
gagee or other assignee shall not be in any manner affected by any act 
of bankruptcy committed after the time when such mortgage or assign¬ 
ment shall have been so registered, notwithstanding such mortgagor 
or assignor, at the time, shall have in his possession, order, and dispo¬ 
sition, and shall be the reputed owner of the said ship, or the shares 
thereof, by him mortgaged or assigned, but such mortgage or assign • 
ment shall take place of and be preferred to any right, claim, or interest 
which may belong to the assignees of such bankrupt. § 46. 

Commissioners in Scotland. —The commissioners of customs in Scot¬ 
land and Ireland shall transmit, at the end of every month, to the 
commissioners of customs in England, true copies of all such certificates 
as shall be granted by them, or by any officers within the limits of their 
commission, in pursuance of this act. § 47. 

Governors of colonies may cause proceedings in suits to be stayed .— 
It shall be lawful for any governor, lieutenant-governor, or commander- 
in-chief of any colonies, plantations, islands, or territories, if any suit, 
or proceeding of any nature shall have been commenced, in any court 
whatever in any of the said territories, touching the force of any register 
granted to any ship, upon representation made, to cause all proceedings 
thereon to be stayed, if he see just cause, until his Majesty’s pleasure 
shall be known, and such governor, lieutenant-governor, or commander- 
in-chief is to transmit to one of the secretaries of state, to be laid before 
his Majesty in council, an authenticated copy of the proceedings, toge¬ 
ther with his reasons for causing the same to be stayed (properly 
verified.) § 48. 

Persons making false oath , fyc. —If any person shall falsely make 
oath to any of the matters before required to be verified, such person 
shall suffer the like pains and penalties as are incurred by persons 
committing wilful and corrupt perjury ; and if any person shall coun¬ 
terfeit, erase, alter, or falsify any certificate or other instrument in 
writing, required to be obtained, granted, or produced by this act, or 
knowingly or wilfully make use of any certificate or other instrument 
so counterfeited, &c. or wilfully grant such certificate or other instru¬ 
ment in writing, knowing it to be false, such person shall for every such 
offence forfeit .£500. § 49. 


REGISTRY OF SHIPS. 


ssg 


7 and 8 Geo. IV. c. 56. 

Ail Act to amend the Laws relating to the Customs. 

British ships may be registered at Malta and Gibraltar .— What 
trade not allowed. —“Whereas by the 6 Geo. IV. c. 110. § 3. page 371. 
it is enacted that no ship or vessel shall be registered at Malta or Gib¬ 
raltar, except such as are wholly of the built of those places respectively, 
and that such ships shall not be registered elsewhere ; and that such 
ships so registered shall not be entitled to the privileges and advantages 
of British ships, in any trade between the United Kingdom and any of 
the colonies, plantations, islands, or territories in America , to his Ma¬ 
jesty belonging; and whereas it is expedient to permit all British ships 
to be registered at Malta or Gibraltar, in the like manner and upon the 
same terms and conditions as ships which are of the built of those 
places respectivelyit is enacted, that so much of the said act as pro¬ 
hibits the registering at Malta or Gibraltar of any ship or vessel other 
than such as are of the built of those places, shall be repealed:—Pro¬ 
vided that no ship or vessel which shall have been registered at Malta 
or Gibraltar shall afterwards be registered elsewhere ;—and that no such 
ship or vessel shall be entitled to the privileges or advantages of British 
ships in any trade between the United Kingdom and any of the colo¬ 
nies, plantations, islands, or territories in America to his Majesty 
belonging. § 18. 

Ships for which Mediterranean passes may be issued, as belonging to 
Malta or Gibraltar. —From the 10th of October, 1828, no Mediterra¬ 
nean pass shall be issued for the use of any ship, as being a ship belong¬ 
ing to Malta or Gibraltar , except such as be duly registered at those 
places respectively, or such as (not being entitled to be so registered) 
shall have wholly belonged, before the 10th of October, 1827, and shall 
have continued wholly to belong, to persons actually residing at those 
places respectively, as inhabitants thereof, and entitled to be owners of 
British ships there registered, or who (not being so entitled) shall have 
so resided upwards of five years. § 19. 

Proceedings against persons detaining registers of ships * —“ And 
whereas if any person shall wilfully detain the certificate of registry of 
any ship or vessel, and refuse to deliver up the same to the proper officer 
of the customs, for the purposes of such ship or vessel, as occasion shall 
require, such person may be proceeded against in manner provided by 
the last mentioned act; and doubts have arisen whether such proceed¬ 
ings may be had, unless the certificate of registry shall have been first 
demanded of such person by the proper officer of the customs ; and it 
is expedient to remove such doubtsit is therefore enacted, that it 
shall be lawful for the justice, or other person having jurisdiction, and 
he is hereby required, to receive proof on oath from the person making 
complaint to him of such detainer and refusal, that such occasion has 
arisen, (although the certificates shall not have been demanded by any 
officer of the customs;)—and the indorsing of any transfer of property, or 
of the name of any new master, upon the certificate of registry, by the 
officers of the customs, shall be deemed to be purposes for which there 
is occasion to deliver the certificate of registry to the officers of the cus¬ 
toms and if any person who is not in actual possession of a ship or 
vessel shall detain the certificate of registry from some person who is in 
actual possession of such ship or vessel as ostensible owner thereof, or 


* See page 379. 




REGISTRY OF SHIPS. 


3S7 


who has the actual charge or command of such ship or vessel as ostensi¬ 
ble master thereof, then occasion shall be deemed to have arisen for de¬ 
livering of such certificate to the officers of the customs at the port where 
such ship shall then be, in order that such certificate may be given to 
some person who is in actual possession of such ship or vessel as such 
ostensible owner or master. § 20. 


10 Geo. IV. c. 43. 

An Act to amend the Laws relating to the Customs. 

This act to be in force from and after June 21, 1829. § 1. 

Collectors , fyc. in British possessions within the limits of the East 
India Company's charter to make registry in certain cases .—After re¬ 
citing the 6 Geo. IV. c. 110. “ And whereas it is expedient to amend 
the same by empowering persons executing the office of collectors of 
duties in any British possessions, within the limits of the East India 
company’s charter, not under the government of the company, and 
where a custom-house is not established, together with the governor, 
lieutenant-governor, or commander-in-chief of any such possessions to 
make registry of British vessels, and grant certificates, under the pro¬ 
visions of the said act,” be it enacted, that it shall be lawful for any 
person duly appointed to execute the office of collector of duties in any 
port or place in the British possessions within the limits of the East 
India company’s charter, (not being under the government of the said 
company, and where a custom-house is not established,) together with 
the governor, lieutenant-governor, or commander-in-chief of any such 
possessions, to make registry of British ves>els, and grant certificates 
thereof under the provisions of the said act. § 12. 

Collectors and comptrollers only to register vessels in certain cases .— 
After reciting the 6 Geo. IV. c. 110. it is enacted that so much of the 
said act (§ 3) as requires the governor, lieutenant-governor, or com¬ 
mander-in-chief, in the colonies, plantations, islands, and territories to 
his Majesty belonging in Asia, Africa , and America , (where the col¬ 
lectors and comptrollers of his Majesty’s customs have been appointed 
by the commissioners of his Majesty’s treasury, and are under the con¬ 
trol and management of the commissioners of his Majesty’s customs,) 
to be a party to the registry of British vessels to be there registered, 
and the granting certificates thereof, under the provisions of the said 
act, is hereby repealed. § 13. 


6 Geo. IV. c. 41. 

An Act to repeal the Stamp Duties payable in Great Britain and Ireland upon the 
transfer of Property in Ships and Vessels, and upon Bonds and Debentures required 
to be given in relation to the Duties, Drawbacks, and Bounties of Customs and 
Excise, and to grant other Duties of Stamps on such Bonds and Debentures. 

Whereas it is expedient to repeal the several stamp duties now payable in Great 
Britain and Ireland respectively upon Conveyances, so far as relates to any Convey¬ 
ance, Assignment, or transfer of property, of or in any ship or vessel, &c. Be it there¬ 
fore enacted, that all stamp duties now payable in Great Britain and Ireland respec¬ 
tively upon any bill, of sale, or any conveyance, assignment, or other deed or instru¬ 
ment whatever for the sale, transfer, or other disposition (either absolutely or by Way 
of mortgage or otherwise) of any ship or vessel, shall wholly cease, determine, and be 
no longer paid or payable. § 1. 

Bond stamps now five shillings. § 2. See the act at the end of Management. 

2 c 2 


33 S 


REGISTRY OF SHIPS 


2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Collector with governor , Sfc. to make registry where there is no 
Comptroller. —Whereas an act was passed in the sixth year of his 
late Majesty’s reign, (c. 110.) intituled, “ An Act for the registering of 
British Vessels,” and it is expedient to extend the provisions thereof to 
British possessions at which no appointment of comptroller of his Ma¬ 
jesty customs has been made; be it therefore enacted, that it shall be 
lawful for the collector of his Majesty’s customs at any port or place in 
any British possession at which no appointment of comptroller of his 
Majesty’s customs has been made, together with the governor, lieutenant- 
governor, or commander in chief of any possessions, to make registry of 
British vessels, and grant certificates thereof, under the provisions and 
regulations of the said recited act. § 33. 

Declarations substituted for oaths , where required by the registry 
acts. —And whereas it is expedient that the provisions of the 1 and 2 
Wm. IV. (see page 436.) intituled “An Act to abolish certain Oaths,” 
&c. should extend to the oaths now required to be taken by the said 
act for the registering British vessels; be it therefore enacted, that so 
much of the provisions of the said recited act as relates to the declara¬ 
tions in lieu of oaths, solemn affirmations, or affidavits,—and to the 
penalties therein contained for making false declarations,—shall extend 
to all oaths required to be taken by the said act for the registering of 
British vessels, or by any other act for altering and amending the same. 
§34. 

CASE. 

The ship the “ Earl of Liverpool ’ was registered as to forty sixty 
fourth shares in the names of “ William Bushell, William Singer 
Jacques, and John Coulson, copartners in trade, under the firm of 
William Bushell and Company.” 

Mr. Coulson died leaving Mr. Bushell and Mr. Jacques his surviving 
partners ; and these gentlemen in conjunction with the other owners 
sold her to Messrs. Pinney and Co. Upon their application to the 
officers of the customs, to endorse the bill of sale and grant them a 
new register upon the change of property, they have refused, upon the 
ground, that the executrix or personal representative of Mr. Coulson 
must join Mr. Bushell and Mr. Jacques in the assignment of their forty 
sixty-fourth parts. 

OPINION. 

We think Mr. Bushell and Mr. Jacques, the surviving partners of 
W. Bushell and Co., can make a good title to a purchaser of the forty 
sixty-fourth shares of the ship, without calling in the personal represen¬ 
tative of Mr. Coulson. 

Before the late act a ship could not be considered as partnership pro¬ 
perty, but the several members of the firm were part owners of the 
ship, and tenants in common only ; &> that upon the death of any one 
of the firm the part or share registered in his name was necessarily 
transferred by his personal representative. 

But as the 6 Geo. IV. c. 110. § 32, expressly authorizes ships and 
shares in ships to be held by partners, as joint owners thereof, and that 
the same shall be considered as partnership property, we think that the 
right to transfer survives to the surviving partners, at law, and that the 
new register should be granted accordingly. We have the honour to be,&c. 
Lincoln’s Inn (Signed) CH. WETHERALL. 

21, 1826. N. C. TIN DAL. 


NAVIGATION LAWS. 


389 


CHAPTER II. 


NAVIGATION LAWS. 

6 Geo. IV. c. 109. 

An Act for the Encouragement of British Shipping and Navigation. 

Whereas an act was passed in the present session of parliament, in¬ 
tituled “ An Act to repeal the several Laws relating to the Customs,” 
in which it is declared, that the laws of the customs have become intri¬ 
cate by reason of the great number of acts relating thereto which have 
been passed through a long series of years; and that it is therefore 
highly expedient for the interest of commerce and the ends of justice, 
and also for affording convenience and facility to all persons who may 
be subject to the operation of those laws, or who may be authorized to 
act in the execution thereof, that all the statutes now in force relating 
to the customs should be repealed, and that the purposes for which they 
have from time to time been made should be secured by new enactments, 
exhibiting more perspicuously and compendiously the various provi¬ 
sions contained in them: and whereas the laws relating to the encou¬ 
ragement of British navigation will thereby be repealed, and it is 
expedient to make provisions in lieu thereof, for the due encouragement 
of British shipping and British seamen, after such repeal shall have 
effect; be it therefore enacted by the King’s most excellent Majesty, by 
and with the advice and consent of the lords spiritual and temporal, and 
commons, in this present parliament assembled, and by the authority 
of the same, that from and after the 5 January, 1826, this act shall 
come into and be and continue in full force and operation, and shall 
constitute and be the law of navigation of the British empire. § 1. 

EUROPE, enumerated goods for home use. —The several sorts of 
goods hereinafter enumerated being the produce of Europe, —(that is to 
say,) masts, timber, boards, tar, tallow, hemp, flax, currants, raisins, 
figs, prunes, olive oil, corn or grain, wine, brandy, tobacco,— 

[Wool, shumac, madders, madder roots, barilla, brimstone, bark of 
oak, cork, oranges, lemons, linseed, rape seed, and clover seed. 7 
and 8 Geo. IV. c. 56. § 16.]—shall not be imported into the 
United Kingdom, to be used therein , except in British ships, —or in 
ships of the country of which the goods are the produce,—or in ships 
of the country from which the goods are imported. § 2. 

Asia , Africa , or America—Goods , the produce of. —Goods, the pro¬ 
duce of Asia, Africa, or America, shall not be imported from Europe 
into the United Kingdom, (to be used therein,)—except the goods here¬ 
inafter mentioned. 

Goods, the produce of places in Asia or Africa—within the Straits of Gibraltar,—or of 
the dominions of the Emperor of Morocco,—imported from places in Europe within 
the Straits of Gibraltar.—but [All goods, the produce of places in the interior of Asia 
or Africa ,—which shall be brought to any place in Europe within the Straits of 
Gibraltar ,—through places in Asia or Africa which are within those Straits,— 
shall be deemed to be the produce of such last-mentioned places. 7 Geo. IV. 
c. 48. 6 21.] 



390 


NAVIGATION LAWS. 


Goods, the produce of places within the limits of the East India Company’s charter, 
which (having been imported into Gibraltar or Malta in British ships) may be im¬ 
ported from Gibraltar or Malta. 

Goods taken by way of reprisal by British ships. 

Bullion, diamonds, pearls, rubies, emeralds, and other jewels or precious stones. § 3. 

Asia, Africa, and America,—goods of in foreign ships. —Goods, the 
produce of Asia, Africa, or America, shall not be imported into the 
United Kingdom, to be used therein, in foreign ships,—unless they be 
the ships of the country in Asia, Africa, or America, of which the goods 
are the produce,—and from which they are imported,—except the goods 
hereinafter mentioned. 

Goods, the produce of the dominions of the Grand Signior, in Asia or Africa, which 
may be imported from his dominions in Europe, in ships of his dominions. 

Raw silk and mohair yarn,—the produce of Asia,—which may be imported from the do¬ 
minions of the Grand Signior in the Levant seas, in ships of his dominions. 

Bullion. § 4. 

Manufacture deemed produce. —Provided always, that all manu¬ 
factured goods shall be deemed to be the produce of the country of 
which they are the manufacture. § 5. 

Guernsey, fyc. —No goods shall be imported into the United King¬ 
dom from the islands of Guernsey, Jersey, Alderney, Sark, or Man, 
except in British ships. § 6. 

Exports to Asia, fyc. —No goods shall be exported from the United 
Kingdom to any British possession in Asia, Africa, or America, nor 
to the islands of Guernsey, Jersey, Alderney, Sark, or Man, —except in 
British ships. § 7. 

Coastwise British ships. —No goods shall be carried coastwise from 
one part of the United Kingdom to another,—except in British ships. 
§ 8 . 

Between Guernsey , fyc. —No goods shall be carried from any of the 
islands of Guernsey, Jersey, Alderney, Sark, or Man, —to any other of 
such islands ;—nor from one part of any such islands to another part of 
the same island,—except in British ships. § 9. 

Between British possessions in Asia. —No goods shall be carried from 
any British possession in Asia, Africa, or America, to any other of 
such possessions,—nor from one part of any of such possessions to ano¬ 
ther part of the same,—except in British ships. § 10. 

Imports into same. —No goods shall be imported into any British 
possession in Asia, Africa, or America, in any foreign ships,—unless 
they be ships of the country of which the goods are the produce,—and 
from which the goods are imported. §11. 

No ship to be deemed British, unless registered and navigated as such. 
—No ship shall be admitted to be a British ship, unless duly registered 
and navigated as such and every British register ship (so long as the 
registry shall be in force, or the certificate retained) shall be navigated 
during the whole of every voyage (whether with a cargo or in ballast) 
in every part of the world, by a master who is a British subject,—and 
by a crew, whereof three-fourths at least are British seamen.— 

Coasting vessels crew to be all British. —And if such ship be employed 
in a coasting voyage from one part of the United Kingdom to another, 
—or in a voyage between the United Kingdom and the islands of Guern¬ 
sey, Jersey, Alderney, Sark, or Man, —or from one of the said islands to 
another of them,—or from one part of either of them to another of the 
same,—or be employed in fishing on the coasts of the United Kingdom 
or of any of the said islands,—then the whole of the crew shall be British 
seamen. § 12. 


NAVIGATION LAWS. 


391 


All vessels under fifteen tons burthen admitted in navigation upon 
rivers , Sfc. —Provided always, that all Br^isA-built boats or vessels 
under fifteen tons burthen, wholly owned and navigated by British 
subjects, (although not registered as British ships,) shall be admitted to 
be British vessels, in all navigation in the rivers and upon the coasts 
of the United Kingdom, or of the British possessions abroad,—and not 
proceeding over sea, except within the limits of the respective colonial 
governments within which the managing owners reside;—and all British - 
built boats or vessels wholly owned and navigated by British subjects, 
(not exceeding the burthen of thirty tons, and not having a whole or a 
fixed deck,)—and being employed solely in fishing on the banks and 
shores of Newfoundland , and of the parts adjacent,—or on the banks 
and shores of the provinces of Canada , Nova Scotia , or New Bruns¬ 
wick, adjacent to the Gulf of St. Lawrence ,—or on the North of Cape 
Canso, —or of the islands within the same,—or in trading coastwise within 
the said limits,—shall be admitted to be British boats or vessels, although 
not registered,—so long as such boats or vessels shall be solely so em¬ 
ployed. § 13. 

Honduras ships to be as British, in trade with British possessions .— 
All ships built in the British settlements at Honduras, and owned and 
navigated as British ships, shall be entitled to the privileges of British 
registered ships in all direct trade between the United Kingdom [or the 
British possessions in America, see 6 Geo. IV. c. 76.] and the said set¬ 
tlements :—provided the master shall produce a certificate, under the 
hand of the superintendent of those settlements, that satisfactory proof 
has been made before him that such ship (describing the same) was 
built in the said settlements, and is wholly owned by British subjects:— 
provided also, that the time of the clearance from the said settlements 
for every voyage shall be endorsed upon such certificate by such super¬ 
intendent. § 14.* 

Ship of any foreign country. —No ship shall be admitted to be a 
ship of any particular country, unless she be of the build of such coun¬ 
try ;—or have been made prize of war to such country ;—or have been 
forfeited to such country under any law made for the prevention of the 
slave-trade, and condemned as such prize or forfeiture, by a competent 
court of such country,—or be British- built, (not having been a prize of 
war from British subjects to any other foreign country,)—nor unless she 
be navigated by a master who is a subject of such foreign country,—and 
by a crew of whom three-fourths at least are subjects of such country ;— 
nor unless she be wholly owned by subjects of such country usually re¬ 
siding therein, or under the dominion thereof;—provided, that the 
country of every ship shall be deemed to include all places which are 
under the same dominion as the place to which such ship belongs. 
§ 15.f 

In what case master and seamen deemed British. —No person shall 
be qualified to be a master of a British ship, or to be a British seaman, 
within the meaning of this act, except natural-born subjects, or persons 
naturalized by act of parliament, or made denizens by letters of deniza¬ 
tion ; or except persons who have become British subjects by virtue of 
conquest or cession, and who shall have taken the oath of allegiance, or 
the oath of fidelity required by the treaty or capitulation ; or persons 
who shall have served on board any of his Majesty’s ships of war in 
time of war for the space of three years: provided always, that the 


* See 6 Geo. IV. c. 76. page 393. 


f See 7 Geo. IV. c. 6. page 393. 




392 NAVIGATION LAWS. 

natives of places within the limits of the East India company’s charter, 
although under British dominion, shall not, upon the ground of being 
such natives, be deemed to be British seamen : provided always, that 
every ship (except ships required to be wholly navigated by British 
seamen) which shall be navigated by one British seaman, if a British 
ship, or one seaman of the country of such ship, if a foreign ship, for 
every twenty tons of the burthen of such ship, shall be deemed to be 
duly navigated, although the number of other seamen shall exceed one- 
fourth of the whole crew. § 16. 

Foreigners having served two years. —It shall be lawful for his 
Majesty, by proclamation during war, to declare that foreigners having 
served two years on board any of his Majesty’s ships of war in time of 
such war, shall be British seamen within the meaning of this act. § 17. 

British ship not to depart without British crew. —No British regis¬ 
tered ship shall be suffered to depart any port in the United Kingdom, 
or any British possession in any part of the world, (whether with a 
cargo or in ballast,) unless duly navigated: provided that any British 
ships, trading between places in America , may be navigated by British 
negroes; and that ships trading eastward of the Cape of Good Hope, 
within the limits of the East India company’s charter, may be navigated 
by Lascars , or other natives within those limits. § 18.'* 

Excess of foreign seamen.— If any British registered ship shall at 
any time have, as part of the crew in any part of the world, any foreign 
seaman not allowed by law. the master or owners shall for every such 
foreign seaman forfeit ten pounds: provided always, that if a due pro¬ 
portion of British seamen cannot be procured in any foreign port, or in 
any place within the limits of the East India company’s charter, for the 
navigation of any British ship; or if such proportion be destroyed 
during the voyage by any unavoidable circumstance, and the master 
shall produce a certificate of such facts, under the hand of any British 
consul,lor of two British merchants, if there be no consul, or from the 
British governor of any place within the limits of the East India com¬ 
pany’s charter ; or, in the want of such certificate, shall make proof of 
the truth of such facts to the satisfaction of the collector and comptroller 
of the customs of any British port, or of any person authorized in any 
other part of the world to inquire into the navigation of such ship, the 
same shall be deemed to be duly navigated. § 19. 

Proportion of seamen may be altered by proclamation .—If his 
Majesty shall, at any time by his royal proclamation, declare that the 
proportion of British seamen shall be less than the proportion required 
by this act, every British ship navigated with the proportion of British 
seamen required by such proclamation shall be deemed to be duly navi¬ 
gated, so long as such proclamation shall remain in force. § 20. 

Certain goods prohibited only by navigation law may be imported 
for exportation.—Goods of any sort, or the produce of any place, not 
otherwise prohibited than by the law of navigation hereinbefore con¬ 
tained, may be imported into the United Kingdom from any place in a 
British ship, and from any place not being a British possession in a 
foreign ship of any country, and, however navigated, to be warehoused 
for exportation only, under the provisions made for warehousing of 
goods without payment of duty upon the first entry. § 21.f 


* See 7 Geo. IV. c. 48. page 394. 

f But see list of goods which cannot be warehoused, in the Reouiation \ct 6 
Geo. IV. c. 107. § 03. 




393 


NAVIGATION LAWS. 

Goods imported contrary to law of navigation. —If any goods he 
imported, exported, or carried coastwise, contrary to the law of naviga¬ 
tion hereinbefore contained, all such goods shall be forfeited, and the 
master shall forfeit otie hundred pounds. § 22. 


7 Geo. IV. c. 5. 

An Act to give effect to Treaties of Commerce with Countries in America 
not at present provided with National Merchant Shipping. 

Whereas treaties of amity, commerce, and navigation have been con¬ 
cluded between his Majesty and the republics of the states of the Rio de 
la Plate and of Colombia respectively: and whereas it is expedient to 
give effect to such parts of the said treaties as require the sanction of 
parliament, be it therefore enacted by the King’s most excellent Majesty, 
by and with the advice and consent of the lords spiritual and temporal, 
and commons, in this present parliament assembled, and by the autho¬ 
rity of the same, that all ships, of whatever built, and in whatever way 
acquired, being duly owned and navigated as the ships of the said re¬ 
publics respectively, shall, for the term of seven years from the respec¬ 
tive dates of such treaties, be deemed to be the ships of those countries 
respectively, in all places under British dominion, any thing in the law 
of navigation to the contrary notwithstanding. § 1. 

And whereas treaties of the like nature may be concluded between his 
Majesty and other countries in America not yet provided with national 
merchant shipping, built or acquired in manner required by the law of 
navigation, be it therefore enacted, that all ships, of whatever built, and 
in whatever way acquired, being duly owned and navigated as the 
ships of particular countries in America , shall be deemed to be the ships 
of such countries respectively, in all places under British dominion, for 
any term not exceeding seven years, agreed to in that behalf in any 
treaty between his Majesty and any of such countries respectively ; any 
thing in the law of navigation to the contrary notwithstanding. § 2. 


7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Lascars and foreigners navigating East India ships. —“ And whereas 
by an act passed in the fourth year of the reign of his present Ma¬ 
jesty, ¥ —for consolidating and amending the laws then in force with 
respect to trade from and to places within the limits of the charter of 
the East India company,—particular provision is made with respect to 
the number and country of the seamen by whom British ships engaged 
in such trade may in certain cases be navigatedbe it therefore 
enacted, that any British ship navigated in the manner permitted by 
the said act in any of the cases therein mentioned, shall be deemed to 
be duly navigated as British ships; any thing in the before-mentioned 
act for the encouragement of British shipping and navigation to the 
contrary notwithstanding. § 22. 


Cap. 80. § 21, 22. See Paiit II. c. 13. 



394 


NAVIGATION LAWS. 


Foreigners navigating ships in southern whale fishery ,—“ And 
whereas by an act passed in the thirty-fifth year of the reign of his late 
Majesty King George the Third, c. 92. § 7. intituled A n Act for the fur- 
ther e?icouraging and regulating the Southern Whale Fisheries, certain 
foreigners were permitted to be employed as masters or seamen in 
navigating ships employed in such fisheries: and whereas the said act 
will from and after the 5 July next be repealed, and it is expedient to 
continue such privilege to persons who have been actually so employed,” 
be it therefore enacted, that it shall be lawful for any person who shall 
have been actually so employed under the authority of the said act, to 
go before the collector and comptroller of the customs at the port from 
whence the ship in which he last so served shall have cleared out for 
the voyage on which he was employed in the same, and make proof of 
such service to the satisfaction of such collector and comptroller, and 
thereupon such collector and comptroller shall enrol the name of such 
person, and shall give to him a certificate of such proof, and such per¬ 
son producing such certificate shall at all times thereafter be deemed to 
hold the qualification of a British seaman for the purpose of navigating 
any ship employed in the southern whale fisheries; any thing in the 
law of navigation to the contrary notwithstanding. § 23. 

Jurisdiction under act 6 Geo. IF. c. 108. extended to navigation law. 
—All penalties and forfeitures incurred under the said act for the en¬ 
couragement of British shipping and navigation, shall be sued for, pro¬ 
secuted, recovered, and disposed of, or shall be mitigated or restored, 
in like manner as any penalty or forfeiture can be sued for, prosecuted, 
recovered, and disposed of, or may be mitigated or restored, under the 
6 Geo. IV. c. 108. passed for the prevention of smuggling. § 24. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

This act to be in force from and after August 10, 1828. § 1. 

Honduras ships to trade with possessions in America .—“ And whereas 
by the law of navigation, contained in the 6 Geo. IV. c. 109.* certain 
ships built in the British settlements at Honduras are, under certain 
conditions and regulations, entitled to the privileges of British registered 
ships in all direct trade between the United Kingdom and the said set¬ 
tlements ; and it is expedient to permit such ships to trade in like man¬ 
ner with the British possessions in America ,” it is therefore enacted, 
that under the conditions and regulations aforesaid, contained in the 
said act, such ships shall be entitled to the privileges of British regis¬ 
tered ships in all direct trade between any of the British possessions in 
America and the said settlements. § 8. 

Mediterranean passes issued to inhabitants of Malta, fyc .—No Medi¬ 
terranean pass shall be issued for the benefit of any person, as being an 
inhabitant of Malta or of Gibraltar, (but not being a person entitled to 
be an owner of & British registered ship,) unless such person shall have 
resided at Malta or at Gibraltar respectively upwards of fifteen years 
prior to the 10 October, 1827. § 9. 


* See page 391 




NAVIGATION LAWS. 


395 


Decided Cases. 

Upon a question whether an Englishman, who had been admitted a 
citizen of the United States, could be considered an American citizen, 
so as to be master ot an American ship, with reference to the law of 
British navigation, the opinion of the King’s advocate, attorney, and 
solicitor-general, was taken, (19 June, 1797,) who, making reference to 
an opinion of Sir Philip Yorke in 1732, said he could not. 

Again, the lords of the committee of privy council for trade were 
pleased to transmit to the commissioners of the customs copy of a report 
of his Majesty’s advocate, attorney, and solicitor-general, upon a question 
which had arisen,—whether a natural-born subject of his Majesty, ad¬ 
mitted a burgher of Memel, could be considered a subject belonging to 
the king of Prussia, for the purposes of the navigation act, so as to be 
master of a Prussian vessel;—his Majesty’s law officers in their said 
report gave it as their opinion, that a British natural-born subject can¬ 
not, by taking the oaths of allegiance to the sovereign of another state, 
throw off the natural allegiance belonging to his own ; but that he may, 
by residence or other adts required by the municipal law of another state, 
acquire the character of belonging to such other state for commercial 
purposes, so as to be entitled to the privileges granted to the subjects 
of or to persons belonging to such other state ; when the acts he thereby 
performs do not amount to a breach of allegiance due to his own country. 
And that an Englishman domiciled in a foreign country, and who has 
taken such oaths as to entitle him to the commercial privileges of such 
state, may be considered as belonging to such state for commercial 
purposes. 

Custom House, 9 August, 1816. 


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SMUGGLING. 


337 


CHAPTER ITI. 


SMUGGLING. 

6 Geo. IV. c. 108. 

An Act for the. prevention of Smuggling. 

Whereas an act was passed in the present session of parliament, 
intituled “ An Act to repeal the several Laws relating to the Customs,” 
in which it is declared that the laws of the customs have become very 
intricate, by reason of the great number of acts relating thereto which 
have been passed through a long series of years ; and that it is there¬ 
fore highly expedient, for the interests of commerce and the ends of 
justice, and also for affording convenience and facility to all persons 
who may be required to act in obedience to those laws or in execution of 
them, that all the laws relating to customs should be repealed, and that 
the purposes for which those laws have from time to time been made 
should be secured by new enactments in more compendious form, and 
commencing at one and the same time ; and whereas by the said act all 
the laws relating to smuggling will be repealed; and whereas other 
laws relating to the customs have been made, and may hereafter be 
made ; and it is expedient to make provisions to prevent or punish any 
infraction of such laws: may it therefore please your Majesty that it 
may be enacted, and be it enacted by the King’s most excellent Majesty, 
by and with the advice and consent of the lords spiritual and temporal, 
and commons, in this present parliament assembled, and by the autho¬ 
rity of the same, that from and after the 5 January, 1826, this act, and 
all the provisions therein contained, shall have effect, and come into 
and be and continue in full force and operation, for the prevention of 
smuggling, and shall extend and be construed to extend to any law in 
force, or hereafter to be made, relating to the revenue or management 
of the customs. § 1. 

Any .vessel belonging wholly or in part to his Majesty's subjects, 
found within certain distances on the coast of the Un ited Kingdom with 
prohibited goods on board , and not proceeding on her voyage, forfeited .— 
If any vessel or boat belonging in the whole or in part to his Majesty’s 
subjects,—or whereof one-half of the persons on board or discovered 
to have been on board the said vessel or boat shall be subjects of his 
Majesty,—shall be found within four leagues of the coast of that part 
of the United Kingdom which is between the North Foreland on the 
coast of Kent and Beachy Head on the coast of Sussex,—or within eight 
leagues of the coast of any other part of the said United Kingdom,—or 
shall be discovered to have been within the said distances,—not pro¬ 
ceeding on her voyage, (wind and weather permitting,) having on board 
or in any manner attached or affixed thereto,—or having had on board 
or in any manner attached or affixed thereto,—or conveying or having 



398 


SMUGGLING. 


conveyed in any manner, any goods whatsoever liable to forfeiture by 
this or any other act relating to the revenue of customs upon being 
imported into the United Kingdom, then not only all such goods, 
together with their packages, and all goods contained therein, but also 
the vessel or boat, together with all her guns, furniture, ammunition, 
tackle, and apparel, shall be forfeited: Provided always, that such 
distance of eight leagues shall be measured in any direction between 
the southward and eastward of Beachy Head; and the provisions of 
this act shall extend to such distance of eight leagues in every direction 
from Beachy Head, although any part of such limits may exceed the 
distance of four leagues from any part of the coast of Great Britain to 
the eastward of Beachy Head. § 2. 

Any vessel or boat (not square-rigged ) found in the British or Irish 
channels , or within 100 leagues of the coast , with spirits or tobacco in 
certain packages , or with other goods. —If any vessel or boat, not being 
square-rigged, belonging in the whole or in part to his Majesty’s sub¬ 
jects, shall be found in any part of the British or Irish channels, or 
elsewhere on the high seas, within 100 leagues of any part of the coasts 
of the United Kingdom, or shall be discovered to have been within the 
said limits, having on board, or had on board, any brandy or other 
spirits in any cask or package of less size than forty gallons (excepting 
only for the use of the seamen, not exceeding two gallons for each) or any 
tea exceeding six pounds weight, or any tobacco or snuff in any cask or 
package containing less than 450 pounds weight, or packed separately 
within such cask or package, (except loose tobacco for the use of the 
seamen, not exceeding five pounds for each,) or any cordage or other 
article adapted for slinging small casks, or any casks or other vessels 
capable of containing liquids, of less size than forty gallons, of the sort 
used or fit for smuggling of spirits, or any materials for the forming 
such casks or vessels, or any syphon, tube, hose, or implements what¬ 
soever, for the broaching or drawing any fluid, or any articles or 
implements or materials adapted for the repacking tobacco or snuff, 
(unless the said cordage or articles are really necessary for the use of 
the vessel, or are a part of the cargo, and included in the regular official 
documents of the said vessel,) then the said spirits, tea, tobacco, or 
snuff*, together with the casks or packages, and the cordage or other 
articles, and also the vessel or boat, with all her guns, furniture, 
ammunition, tackle, and apparel, shall be forfeited. § 3. 

Any foreign vessel (not square-rigged ) in which there shall be one or 
more subjects of his Majesty. —If any foreign vessel or boat (not being 
square-rigged) in which there shall be one or more subjects of his 
Majesty, shall be found within four leagues of the North Foreland on 
the coast of Kent and Beachy Head on the coast of Sussex, or within 
eight leagues of any other part of the coast, not proceeding on her 
voyage, wind and weather permitting, having on board or in any 
manner attached or affixed thereto, or conveying, or having conveyed 
in any manner, any brandy or other spirits, in any cask or package of 
less size than forty gallons, (except only for the use of the seamen, not 
exceeding two gallons for each,) or any tea, exceeding six pounds, or 
any tobacco or snuff’ in any cask or package containing less than 450 
pounds weight, or packed separately within such cask or package, 
(except loose tobacco for the use of the seamen, not exceeding five 
pounds for each,) then such vessel or boat, with all her guns, furniture, 
ammunition, tackle, and apparel, shall be forfeited. § 4. 

Any foreign vessel found at anchor , or hovering within one league of 


SMUGGLING. 


399 


the coast .—If any foreign vessel* whatsoever shall be found within one 
league of the coast, not proceeding on her voyage, having on board or 
attached thereto, or having had on board, or conveying or having con¬ 
veyed within such distance any goods liable to forfeiture upon being 
imported into the United Kingdom, in such case the said vessel, 
together with her guns, furniture, ammunition, tackle, and apparel, and 
all such goods, shall be forfeited. § 5. 

Vessels throwing overboard goods during chase .—When any vessel or 
boat belonging in the whole or in part to his Majesty’s subjects, shall 
be found within four or eight leagues of the coast, or shall be found in 
the British or Irish channels, or elsewhere within 100 leagues of the 
coast, and chase shall be given or signal made by any vessel in his 
Majesty’s service, or in the service of the revenue, hoisting the proper 
pendant as hereinafter mentioned, in order to bring such vessel or boat 
to, if any person on board shall during the chase, or before such vessel 
or boat shall bring to, throw overboard the cargo or any part, (unless 
through unavoidable necessity, or for the preservation of such vessel or 
boat, having a legal cargo on board,) or shall stave or destroy any part 
of the cargo to prevent seizure thereof, the said vessel or boat, with 
all her guns, furniture, ammunition, tackle, and apparel, shall be for¬ 
feited. § 6. 

Vessels (not square-rigged ) coming from Brest , or j)laces between Brest 
and Cape Fijiisterre y having on board spirits .—If any vessel (not being 
square-rigged, nor a galliot of not less than 50 tons burthen) or any 
boat coming from Brest on the coast of France, or from any place 
between Brest and Cape Finisterre on the coast of Spain, including all 
islands, or coming from any place between the Helder Point on the 
coast of Holland and North Bergen on the coast of Norway, or from 
any place as far up the Categat as Gottenburg, including all the 
islands, shall arrive in any of the ports of the United Kingdom, or shall 
be found at anchor, or hovering within the limits of any of the ports, 
and not proceeding on her voyage, having on board, for the use of the 
seamen, any spirits exceeding one half gallon for each, or having on 
board any tea, exceeding four pounds in the whole, or having on board 
any tobacco (excepting loose tobacco, not exceeding two pounds for 
each seaman,) then not only all such goods, but also the vessel or boat, 
with all her materials, shall be forfeited. § 7. 

Vessels (not square-rigged') coming from places between Brest and the 
Helder , having on board spirits , fyc .—If any vessel (not being square- 
rigged, nor a galliot of not less than 50 tons burthen) or any boat 
coming from any place between Brest on the coast of France and the 
Helder Point on the coast of Holland, including the Texel Isle, and 
all places on the Zuyder Zee, and all islands on the coasts of France, 
the Netherlands, and Holland, between Brest and the Texel, shall 
arrive in any of the ports of the United Kingdom, or shall be found at 
anchor or hovering within the limits of any of the ports, and not pro¬ 
ceeding on her voyage, having on board, for the use of the seamen, any 
spirits exceeding one half gallon for each, or having on board any tea 
exceeding two pounds, or having on board any tobacco, except loose 
tobacco, not exceeding one pound for each seaman, then not only all 
such goods, but also the vessel or boat, with all her materials, shall be 
forfeited. § 8. 

Vessels found or discovered within certain distances of Guernsey , 4*c. 
—If any vessel or boat, whether British or foreign, shall be found or 
discovered to have been within one league of the islands of Gu ernsey, 

* Or boat, 7 Geo. IV. c. 48. § 15. page 423. 




400 


SMUGGLING. 

Jersey, Alderney, Sark, or Man, not proceeding on her voyage, or within 
any bay, harbour, river, or creek of any one of the said islands, having 
on board, or in any manner conveying or having conveyed within the 
said distances or places, any goods which, by this or any other act relat¬ 
ing to the customs, are liable to forfeiture, upon being imported into, 
exported from, or carried coastwise into the said islands, the said vessel 
or boat, with all her guns, furniture, ammunition, tackle, and apparel, 
and all such goods with their packages, and any other goods contained 
therein, shall be forfeited. § 9. 

Vessels sailing from Guernsey, Jersey, Alderney, Sark, or Man, with 
a greater number of men than allowed. —If any vessel or boat, belong¬ 
ing wholly or in part to his Majesty’s subjects, shall sail from Guernsey, 
Jersey, Alderney, Sark, or Man, navigated by a greater number of per¬ 
sons than is allowed by this act (as hereinafter mentioned) in a vessel 
or boat, of like size ; or if any vessel or boat shall sail from any of the 
said islands, having on board, or which shall take or have taken on 
board during the voyage, any small cordage adapted for slinging small 
casks, or any more ankers, half ankers, or other small casks, or any tin 
or other cases, or bladders of less content than forty gallons, and capa¬ 
ble of containing fluids, of the sort used for smuggling spirits, than 
shall be necessary for the use of such vessel, or any materials for making 
any such small casks, cases, boxes, or bladders, or any syphon, tube, 
hose, or implements for drawing off any fluid, more than is necessary 
for the ordinary purposes of the voyage, or any articles, implements, 
or materials adapted for repacking tobacco or snuff on board, during 
the voyage, such ship, vessel, or boat, with her guns, furniture, ammu¬ 
nition, tackle, and apparel, shall be forfeited, together with all such 
articles. § 10. 

Vessels sailing from thence without a clearance, forfeited. —No vessel 
or boat belonging wholly or in part to his Majesty’s subjects, shall sail 
from Guernsey, Jersey, Alderney, Sark, or Man, without a clearance, 
whether in ballast or having a cargo, and if with a cargo the master 
shall give bond, in double the value of the vessel or boat and of the 
cargo, for duly landing the same at the port for which the vessel clears; 
and every such vessel or boat not having such clearance, or having a 
clearance for a cargo shall be found light, or with any part of the cargo 
discharged before delivery at the port specified in the clearance, (unless 
through necessity or for preservation of the vessel or boat, to be proved 
to the satisfaction of the commissioners of customs,) shall be forfeited. 
§ 11 . 

Vessels departing from Guernsey , Sfc. breaking bulk. —If after the 
departure from Guernsey, Jersey, Alderney, or Sark, of any vessel or 
boat belonging wholly or in part to his Majesty’s subjects, having on 
board any spirits, tobacco, snuff, tea, or wine, bulk be broken, or any 
of the cargo unladen, or any alteration be made in the form, size, 
description, or number of the packages, or in the quantity, quality, or 
mode of package, at any time in the prosecution of the voyage towards 
the United Kingdom, or any other place for which the vessel or boat 
shall have cleared out, such vessel or boat, with her tackle and furni¬ 
ture, shall be forfeited ; but no forfeiture shall be incurred for breaking 
bulk or unlading the cargo, through unavoidable necessity and distress, 
nor for any alteration in the cargo, if occasioned by necessity or acci¬ 
dent, or made for the preservation of the vessel or boat, to be proved to 
the satisfaction of the commissioners of customs. § 12. 

Vessels found within the limits, of a port with a cargo, and afterward j 


SMUGGLING. 401 

found light. —If any Vessel or boat whatever shall be found within the 
limits of any port with a cargo on board, and such vessel shall after¬ 
wards be found light or in ballast, and the master is unable to give a 
due account, such vessel or boat, with the guns, furniture, ammunition, 
tackle, and apparel, shall be forfeited. § 13. 

Vessels not bringing to during chase may be fired at. —In case any 
vessel or boat, liable to seizure or examination, shall not bring to on 
being required, on being chased by any vessel in his Majesty’s navy, 
having the proper ensign hoisted, or by any vessel employed for the 
prevention of smuggling under the admiralty or the commissioners of 
customs, having a pendant and ensign hoisted, of such description as 
his Majesty, by order in council, or by proclamation under the great 
seal, shall have ordered, it shall be lawful for the captain, master, or 
other person having the command of such vessel (first causing' a gun 
to be fired as a signal) to fire at or into such vessel or boat; and such 
captain, master, or other person, shall be indemnified from any indict¬ 
ment, penalty, or action for damages for so doing; and in case any 
person shall be wounded, maimed, or killed by such firing, and the said 
captain, master, or other person, shall be sued, molested, or prosecuted, 
or shall be brought before any justices of the peace for such firing, 
wounding, maiming, or killing, all such justices are authorized to admit 
every such captain, master, or person, to bail. § 14. 

Persons not to hoist flags in imitation of those used in the navy. —If 
any person shall wear, carry, or hoist in or on board any ship, vessel, 
or boat belonging to any of his Majesty’s subjects, whether merchant 
or otherwise, without particular warrant from his Majesty, or the com¬ 
missioners for executing the office of high admiral, the union jack, or 
any pendant, ensign, or colours usually worn by his Majesty’s ships, or 
any flag, jack, pendant, ensign, or colours, resembling those of his 
Majesty, or used on board his Majesty’s ships, or any other ensign or 
colours than the ensign or colours by any proclamation prescribed to 
be worn ; in every such case the master, or the owner or owners being 
on board, and every other person so offending, shall forfeit <£50, which 
shall be recovered, with costs, either in the high court of admiralty, or 
in the courts of king’s bench or exchequer at Westminster or Dublin, 
or in the courts of session or exchequer in Scotland, or before any two 
justices of the peace ; and it shall be lawful for any officer of the navy, 
customs, or excise, to enter on board any such ship, vessel, or boat, and 
to seize any such prohibited flag, jack, pendant, ensign, or colours, and 
the same shall thereupon become forfeited to his Majesty’s use. § 15. 

All vessels and boats made use of in the removal, carriage, or con¬ 
veyance of any goods liable to forfeiture under this or any other act 
relating to the customs, shall be forfeited. § 16. 

Boats belonging to vessels. —The owner of every vessel belonging in 
whole or in part to any of his Majesty’s subjects, shall paint upon the 
outside of the stern of every boat belonging to such vessel, the name of 
such vessel, and the port to which she belongs, and the master’s name 
withinside the transom in white or yellow roman letters, not less than 
two inches in length, on a black ground, on pain of the forfeiture of 
such boat. § 17. 

Boats not belonging to vessels. —The owner of every boat not belong¬ 
ing to any vessel, shall paint upon the stern in white or yellow roman 
letters of two inches in length, on a black ground, the name of the 
owner of the boat, and the port to which she belongs, on pain of the 
forfeiture of such boat § 18. 

2 D 


402 


SMUGGLING. 


Boat;', having double sides or bottoms. —All vessels and boats, belong¬ 
ing' in the whole or in part to his Majesty’s subjects, having false 
bulkheads, false bows, double sides or bottoms, or any secret or dis¬ 
guised place whatsoever in the construction of the said vessel or boat, 
for the purpose of concealing goods, or having any hole, pipe, or other 
device in or about the vessel or boat adapted for the purpose of running 
goods, shall be forfeited, with all the guns, furniture, ammunition, 
tackle, and apparel belonging to such vessel or boat ; and all goods 
liable to the payment of duties, or prohibited to be imported, found 
concealed on board, or in or underneath the ballast, or in any other 
place on board, shall be forfeited. § 19. 

Licences. 

Cutters , fyc. forfeited , unless licensed. —All vessels belonging in the 
whole or in part to his Majesty’s subjects (unless square-rigged) and 
all vessels whatsoever belonging as aforesaid, the length of which 
shall be greater than in the proportion of three feet to one foot in 
breadth ; and all vessels belonging as aforesaid armed for resistance; 
(otherwise than is hereinafter provided ;) and all boats whatsoever be¬ 
longing as aforesaid, which shall be found within any of the limits or 
distances aforesaid ; shall be forfeited, unless the owners thereof shall 
have obtained a licence for navigating the same from the commissioners 
of customs, as hereinafter directed. § 20.* 

Vessels to be navigated with a certain number of men. —No vessel or 
boat so belonging, (not being a lugger and at the time fitted and rigged 
as such,) shall be navigated by a. greater number of men (officers and 
boys included) than in the following proportions; that is to say, 

30 tons or under, and above 5 tons, 4 men. 

60 tons or under, and above 30 tons, 5 men. 

80 tons or under, and above 60 tons, 6 men, 

100 tons or under, and above 80 tons, 7 men. 

And above that tonnage, one man for every 15 tons of such addi¬ 
tional tonnage. 

Or if a lugger, in the following proportions, that is to say, if of 
30 tons or under, 8 men. 

50 tons or under, and above 30 tons, 9 men. 

60 tons or under, and above 50 tons, 13 men. 

80 tons or under, and above 60 tons, 11 men. 

100 tons or under, and above 80 tons, 12 men. 

And if above 100 tons, one man for every 10 tons of such additional 
tonnage. 

And if any vessel, boat, or lugger, navigated with a greater number 
of men than in the proportions before mentioned, shall be found 
within any of the distances aforesaid, the same shall be forfeited, unless 
such vessel, boat, or lugger, shall be especially licensed for that purpose 
by the commissioners of customs. § 21. 

Licence not required for certain vessels .*•—Nothing in this act shall 
extend to forfeit any square-rigged vessel of the burthen of 200 tons 
or upwards by admeasurement, for being armed for resistance, having- 
on board two carriage guns of the caliber not exceeding four pounds, 
and small arms not exceeding two muskets for every ten men, or any 
vessel, boat, or lugger belonging to the royal family, or being in the 
service of the navy, victualling, ordnance, customs, excise, or post- 
office, nor any whale-boat or boat solely employed in the fisheries, or 
any boat belonging to any square-rigged vessel in the merchants’ ser- 

* Sea 7 Geo. IV c. 48. § 12. page 422. 10 Geo. IV. c. 43. § U)7 pac-e 428. 2 and 
3 Wm. IV. c. 84. $ 17. 





SMUGGLING. 


403 


vice, nor any life-boat or tow-boat used in towing vessels belonging to 
licensed pilots, nor to any boat used solely in rivers or inland navigation, 
on account of such ship, vessel, boat, or lugger not being licensed. § 22. 

Licence to contain certain particulars. —Every licence granted by 
the commissioners of customs, for any vessel requiring licence, shall 
contain the proper description of such vessel, the names of the owners, 
with their abode, and the manner and the limits in which the same is 
to be employed, and if armed, the numbers and description of arms, 
and the quantity of ammunition, together with any other particulars 
which the commissioners may require. § 23. 

Before licence granted to a ship, owners to give security by bond in 
certain conditions. —Before such licence shall be delivered, or have 
effect, the owners shall give security by bond of two or more sufficient 
persons, (being housekeepers,) in treble the value of such vessel (not 
exceeding in any case <£1000 for a square-rigged vessel) with condi¬ 
tion, that the vessel shall not be employed in the importation, land¬ 
ing, or removing of any prohibited or uncustomable goods, contrary to 
this act, or any other act relating to the customs or excise, nor in the 
exportation of any goods which are or may be prohibited to be ex¬ 
ported, nor in the relanding of any goods contrary to law, nor shall 
receive on board or be found at sea or in port with any goods subject 
to forfeiture, nor shall do any act contrary to this act, or any act here¬ 
after to be made relating to the customs or excise, or for the protection 
of trade and commerce, nor shall be employed otherwise than men¬ 
tioned in the licence, and within the limits therein mentioned; and in 
case of loss, breaking-up, or disposal of the vessel, then the licence 
shall be delivered withip six months from the 'date of such loss, break¬ 
ing-up, or disposal, to the collector or principal officer at the port to 
which such vessel shall belong. § 24.* 

Licence bond to be given at the port to which the vessel belongs. —Such 
bond shall be given at the port to which such vessel shall belong, and 
at no other, without the consent of the commissioners of customs; and 
the persons who are to become such security shall be persons, whether 
owners or not, approved by the collector and comptroller of the port, 
and residing at or near such port; and the collector and comptroller 
shall certify upon such licence before they issue the same, that the 
security has been given. § 25. 

Licence for boat to contain certain particulars. —Every licence granted 
for any boat requiring licence, shall contain the description of the boat, 
with the names of the owners, and their abode, and the manner and 
limits in which such boat is to be used, together with any other parti¬ 
culars which the commissioners may require; and the owners of the 
said boat shall give their own security by bond, in treble the value 
thereof, with the like condition as is hereinbefore required on licences 
granted for vessels; and such bond shall not be liable to any stamp 
duty. § 26. 

Commissioners may refuse licence or revoke licence when granted .— 
It shall be lawful for the commissioners to restrict the granting of a 
licence for any vessel or boat, in any way that they may deem expedient 
for the security of the revenue; and in case the commissioners shall have 
granted a licence for any vessel, and shall deem it necessary to require 
fresh security, they are empowered so to do, by an order in writing under 
their hands ; and a copy of such order shall be left either with the owners 
of such vessel, or with the person in whose custody the same shall 
then be ; and after the delivery of such order, the licence granted shall 
be null and void, and the owners are to deliver up the said licence to 


* See 7 Geo. IV. c. 48. § 12 and 13.. page 422. 



404 


SMUGGLING. 


the collector at the port to which such vessel or boat shall belong’, 
within three months from the day when such order shall be delivered; 
and in default, the owners shall forfeit <£100 ; and if any vessel or boat 
requiring such licence shall be found without such licence, or shall be 
found to have been used in any trade, or in any limits other than such 
as shall be specified in such licence, in such case the said vessel or boat, 
with all her guns, furniture, ammunition, tackle, and apparel, and all 
the goods laden on board, shall be forfeited. § 27. 

Licences to be taken to the collector at the port to be registered. —The 
owner of every vessel or boat licensed shall, before such vessel or boat 
first proceeds to sea, or departs out of any port, bring such licence to 
the collector or proper officer, and the said collector or officer is to re¬ 
gister the same; and in default of the owner bringing the same, the 
said licence shall be void; and the master is to produce such licence 
to any officer of the army, navy, or marines, duly authorized and on 
full pay, or officer of customs or excise, who shall board such vessel or 
boat within the limits aforesaid, and shall demand a sight of the same, 
and in case of a refusal to produce the same, or the same shall not be 
on board, or if the licence produced shall be without an endorsement 
thereon that the proper security hath been given, in such case the 
vessel or boat shall be forfeited, with her guns, furniture, ammunition, 
tackle, and apparel. § 28. 

Vessels in course of removal to obtain certificate. —It shall be lawful 
for the commissioners, on proof to their satisfaction that the master or 
owner is desirous of removing such vessel or boat to the port to which 
she belongs, for the purpose of obtaining a licence and giving secu¬ 
rity, to grant a certificate to such master or owner of such proof hav¬ 
ing been made; and in such case, so long as such vessel or boat shall 
be in her voyage to the port to which the vessel or boat belongs, such 
vessel or boat shall not be liable to forfeiture on account of not being 
licensed. § 29. 

Counterfeiting licences. —If any person shall counterfeit, erase, alter, 
or falsify any licence, or shall knowingly make use of any licence so 
counterfeited, erased, altered, or falsified, such person shall forfeit £500. 
§30. 

Licenced vessel being lost, broken up, Sfc. —Whenever any licensed 
vessel or boat shall be lost, broken up, captured, burnt, seized, and 
condemned, sold, or otherwise disposed of, the licence shall be deli¬ 
vered up to the collector at the port to which such vessel or boat be¬ 
longs, within six calendar months ; or in case of the licence being lost 
or taken by the enemy, proof thereof, on oath, shall be made within 
the same period, before the collector; and in default the owner, and 
the master, shall forfeit £100. § 31. 

Goods. 

Uncustomed or prohibited goods unshipped or removed illegally, fyc. for¬ 
feited. —If any goods liable to the payment of duties shall be unshipped 
from any vessel or boat, (customs and other duties not being first 
paid or secured,) or if any prohibited goods shall be imported; or if 
any goods whatsoever, which shall have been imported, warehoused, 
or otherwise secured, either for home consumption or exportation, 
shall be clandestinely or illegally removed out of any warehouse or 
place of security; in such case all such goods shall be forfeited, toge¬ 
ther with all horses and other animals, and all carriages and other 
things made use of in the removal of such goods. § 32. 


SMUGGLING. 


405 


Prohibited goods shipped or brought to the quay .—If any goods, pro- 
nibited to be exported, shall be put on board any vessel or boat, with 
intent to be shipped for exportation, or shall be brought to any quay, 
wharf, or other place, in order to be put on board any vessel or boat 
for the purpose of being exported; or if any goods prohibited to be 
exported shall be found in any package produced to the officers Gf 
customs, as containing goods not prohibited, in such case not only all 
such prohibited goods, but also all other goods packed therewith, shall 
be forfeited. § 33. 

Goods liable to forfeiture may be seized .—All vessels and boats, and 
all goods whatsoever liable to forfeiture, under this or any other act, 
may be seized in any place, either upon land or water, by any officer 
of his Majesty’s army, navy, or marines, duly authorized and on full 
pay, or officers of customs or excise, or any person having authority to 
seize from the commissioners of customs or excise; and all vessels, 
boats, and goods so seized shall be delivered into the care of the 
proper officer. § 34. 

Making collusive seizures .—If any officer of the customs, or any 
officer of the army, navy, or marines, and any other person employed 
by the commissioners of the customs, shall make any collusive seizure, 
or deliver up, or make any agreement to deliver up, or not to seize, 
any vessel or boat, or any goods liable to forfeiture, or shall take any 
bribe, gratuity, recompense, or reward, for the neglect or non-perform¬ 
ance of his duty, every such officer or other person shall forfeit <£500, 
and be rendered incapable of serving his Majesty in any office, either 
civil or military; and if any person shall give, or offer, or promise 
to give any bribe, recompense or reward, or make any collusive agree¬ 
ment with any such officer, to induce him in any way to neglect his 
duty, or to do, conceal; or connive at any act, whereby any of the pro¬ 
visions of any act of parliament may be evaded, every such person 
shall, whether the offer be accepted or performed or not, forfeit £500 
§35. 

Search for prohibited and uncustomed goods .—It shall be lawful for 
any officer of the army, navy, or marines, authorized and on full pay, or 
for any officer of customs, producing his warrant or deputation (if re¬ 
quired) to go on board any vessel within the limits of any of the ports 
of this kingdom, and to rummage and to search the cabin and all 
other parts for prohibited and uncustomed goods, and to remain on 
board during' the whole time that such vessel shall continue within the 
limits of such port; and also to search any person or persons either on 
board, or who shall have landed from any vessel: Provided such officer 
shall have good reason to suppose that such person hath any uncus¬ 
tomed or prohibited goods secreted about his person; and if any per¬ 
son shall obstruct, oppose, or molest any such officer in going or re¬ 
maining on board, or in entering or searching such vessel or person, 
such person shall forfeit £100. § 36. 

Officers , before searching people, to take them before a justice, collector , 
or comptroller of customs .—Before any person shall be searched by any 
such officer, it shall be lawful for such person to require such officer 
to take him before any justice of the peace, or before the collector, 
comptroller, or other superior officer of customs, who shall determine 
whether there is reasonable grounds to suppose that such person has 
any uncustomed or prohibited goods about his person ; and if it shall 
appear to such justice, collector, comptroller, or other officer of cus* 
toms, that there is reasonable ground, then such justice, collector 


SMUGGLING. 


406 

comptroller, or other officer of customs, shall direct such person to be 
searched in such manner as he shall think fit; but if it shall appear 
that there is not reasonable ground, then such justice, collector, 
comptroller, or other officer of customs, shall forthwith discharge such 
person, who shall not in such case be liable to be searched; and 
every such officer is authorized to take such person, upon demand, 
before any such justice, collector, comptroller, or other officer of cus¬ 
toms, detaining him in the mean time : Provided that no person, being 
a female, shall be searched by any other person than a female duly 
authorized by the commissioners of customs. § 37. 

Officer not taking suspected persons before a magistrate. —If any such 
officer shall not take such person with reasonable despatch before such 
justice, collector, comptroller, or other officer of customs, when re¬ 
quired, or shall require any person to be searched by him, not having 
reasonable ground to suppose that such person has any uncustomed or 
prohibited goods about his person, such officer shall forfeit <£10. § 38. 

Passengers having goods in possession. —If any passenger or other 
person on board any vessel or boat shall, upon being questioned by 
any officer of customs, whether he has any foreign goods upon his 
person, or in his possession, deny the same, and any such goods shall, 
after such denial, be discovered upon his person, or in his possession, 
such goods shall be forfeited, and such person shall forfeit treble the 
value. § 39. 

Officers with writs of assistance may enter houses to search. —It shall 
be lawful for any officer of customs, or person acting under the direc¬ 
tion of the commissioners, authorized by writ of assistance under the 
seal of the court of exchequer, to take a constable, headborough, or 
other public officer inhabiting near the place, and in the daytime, to 
enter into any house, shop, cellar, warehouse, room, or other place, 
and in case of resistance, to break open doors, chests, trunks, and 
other packages, there to seize any uncustomed or prohibited goods, 
and to put the same in the custom-house warehouse in the port next to 
the place from whence such goods shall be so taken : Provided always, 
that for the purposes of this act, any such constable, headborough, or 
other public officer duly sworn as such, may act as well without the 
limits of any parish or place for which he shall be sworn, as within 
such limits. § 40. 

All writs of assistance so issued from the court of exchequer shall 
continue in force during the whole of the reign in which such writs 
shall have been granted, and for six months from the conclusion of 
such reign. § 41. 

Police officers seizing goods to canp them to the custom-house warehouse. 

If any goods liable to forfeiture under this or any other act relating 
to the revenue of customs, shall be stopped by any police officer, or 
other person acting by virtue of any act of parliament, or otherwise 
duly authorized, such goods shall be carried to the custom-house ware¬ 
house next to the place where the goods were stopped, and delivered 
to the proper officer, within forty-eight hours after the said goods were 
stopped. § 42. 

Goods stopped by police officers may be retained until trial.— If any 
such goods shall be stopped by such police officer, on suspicion that 
the same have been feloniously stolen, it shall be lawful for the officer 
to carry the same to the police office to which the offender is taken, 
there to remain until the trial of the offender; and in such case the 
officer is to give notice in writing to the commissioners of customs of 


SMUGGLING. 


407 


his having so detained the said goods, with the particulars of the same, 
and immediately after the trial, all such goods are to be deposited in 
the custom-house warehouse, to be proceeded against according to 
law; and in case any police officer shall neglect to convey the same to 
such warehouse, or to give the notice of having stopped the same, such 
officer shall forfeit £20. § 43. 

Commissioners of treasury or commissioners of customs may restore 
seizures. —It shall be lawful for the commissioners of the treasury, or 
the commissioners of customs, by any order under their hands,*to di¬ 
rect any vessel, boat, goods, or commodities whatever, seized as afore¬ 
said, to be delivered to the proprietor, whether condemnation shall 
have taken place or not, upon such terms as they may deem expedient, 
and which shall be mentioned in the said order; and it shall be also 
lawful for the said commissioners of the treasury, and the said com¬ 
missioners of customs, to mitigate any penalty, or any part of such 
penalty, incurred under any laws relating to customs, or to trade and 
navigation : Provided that no person shall be entitled to the benefit of 
any order for delivery or mitigation, unless the terms expressed in the 
said order are fully complied with. § 44. 

Penalties. 

Penalty on persons unshipping or harbouring prohibited or uncus¬ 
tomed goods , treble their value , or ,£100.—Every person not arrested 
and detained as hereinafter mentioned, who shall, either in the United 
Kingdom or the Isle of Man, assist in the unshipping of any goods 
prohibited, or the duties for which have not been paid or secured, or 
who shall knowingly harbour, keep, or conceal, or shall knowingly 
permit, or suffer to be harboured, kept, or concealed, any goods which 
have been illegally unshipped without payment of duties, or which have 
been illegally removed without payment of the same, from any ware¬ 
house or place of security, or shall knowingly harbour, keep, or con¬ 
ceal, or permit or suffer to be harboured, kept, or concealed, any goods 
prohibited to be imported, or to be used or consumed; and every per¬ 
son, either in the United Kingdom or the Isle of Man, to whose pos¬ 
session any such uncustomed or prohibited goods shall knowingly 
come, shall forfeit either treble value, or £100, at the election of the 
commissioners of customs. § 45. 

Penalty on persons unshipping drawback or bounty goods. —If any 
goods, upon which there is a drawback or bounty, shall be shipped to 
be exported, and shall afterwards be unshipped with intention to be 
relanded, (unless in case of distress,) in such case the said goods shall 
be forfeited, and the master and every person concerned in the unship¬ 
ping, and the person to whose hands the same shall knowingly come, 
or who shall knowingly harbour, keep, or conceal, or suffer to be har¬ 
boured, kept, or concealed, such goods, shall for every such offence 
forfeit treble value, or £100, at the election of the commissioners of 
customs. § 46. 

Persons insuring the delivery of smuggled goods. —Every person who, 
by way of insurance or otherwise, shall undertake to deliver any goods 
to be imported at any port, without paying the duties due on importa¬ 
tion, or any prohibited goods, or in pursuance of such insurance, or 
otherwise, shall deliver any uncustomed or prohibited goods, every 
such person and every aider or abettor thereof shall forfeit £500, over 
and above any other penalty to which by law he may be liable ; and 
every person who shall agree to pay any money for the insurance or 

* See 7 and 8 Geo. IV. c. 56. page 427. 




408 


SMUGGLING. 


conveyance of such goods, or shall receive such goods into his pos¬ 
session, or suffer the same to be so received, shall also forfeit <£500, 
over and above any penalty to which by law he may be liable on 
account of such goods. § 47. 

Offering goods for sale under pretence of being run or prohibited .— 
If any person shall offer for sale any goods, under pretence that the 
same are prohibited, or have been unshipped and run on shore without 
payment of duties, in such case all such goods, (although not liable to 
duties or prohibited,) shall be forfeited, and the person offering the same 
for sale, shall forfeit treble value, or £100, at the election of the com¬ 
missioners of customs. § 48. 

Persons found on board vessels liable to forfeiture , or carrying smug¬ 
gled goods. —Every person being a subject , who shall be found or dis¬ 
covered to have been on board any vessel or boat liable to forfeiture, 
for being found within four or eight leagues of the coast, or for being 
found or discovered to have been within any of the distances in this 
act mentioned, having on board, or in any manner attached thereto, 
or having had on board or in any manner attached thereto, or con¬ 
veying, or having conveyed in any manner, such goods as subject such 
vessel or boat to forfeiture, or who shall be found or discovered to 
have been on board any vessel or boat, from which any part of the 
cargo shall have been thrown overboard during chase, or staved or 
destroyed, shall forfeit £100 ; and every person, not being a subject , 
who shall be found or discovered to have been on board any vessel or 
boat, liable to forfeiture for any of the causes aforesaid, within one 
league of the coast of the United Kingdom, or of the Isle of Man, 
or within any bay, harbour, river, or creek of the said island, shall 
forfeit £100 ; and it shall be lawful for any officer of the army, navy, 
or marines, duly authorized, and on full pay, or any officer of customs 
or excise, or other person acting in their aid, or duly employed for the 
prevention of smuggling, to stop, arrest, and detain every such person, 
and to carry such person before two justices of the peace in the United 
Kingdom, or a governor, deputy-governor, or deemster in the Isle of 
Mam to be dealt with as hereinafter directed j Provided always, that 
any such person proving, to the satisfaction of such justices, governor, 
deputy-governor, or deemster, that he was only a passenger in such 
vessel or boat, and had no interest whatever either in the vessel or 
boat, or in the cargo on board the same, shall be forthwith discharged 
by such justices. § 49. 

Persons unshipping spirits or tobaccq^ —Every person who shall un¬ 
ship, or be aiding in the unshipping of any spirits or tobacco, liable 
to forfeiture, either in the United Kingdom or the Isle of Man, or 
who shall carry, convey, or conceal, or be aiding or concerned in the 
carrying, conveying, or concealing of any such spirits or tobacco, 
shall forfeit £100; and every such person may be detained by any 
officer of his Majesty’s army, navy, or marines, or any officer of cus¬ 
toms or excise, or other person acting in his aid, or duly employed 
for the prevention of smuggling, and taken before two justices of^the 
peace, or a governor, deputy-governor, or deemster of the Isle of Man, 
to be dealt with as hereinafter directed. § 50. 

Persons arrested , and making escape. —If any person liable to be 
arrested, shall not be detained at the time of committing the offence, 
or after detention shall make his escape, it shall be lawful for any 
officer of the army, navy, or marines, or any officer of customs or excise, 


SMUGGLING. 


409 


or any other person acting 1 in their aid, to arrest and detain such person 
at any time afterwards, and to carry him before two justices of the 
peace, to be dealt with as if detained at the time of committing the 
offence. § 51. 

Penalty on persons making signals to smugglers. —No person shall, 
after sunset and before sunrise, between the 21st of September and 
the 1st of April, or after eight in the evening and before six in the 
morning at any other time of the year, make, aid, or assist in making, 
or be present for the purpose of aiding or assisting in the making of 
any light, fire, flash, or blaze, or any signal by smoke, or by any 
rocket, fireworks, flags, firing of any gun or other fire-arms, or any 
other contrivance or device, or any other signal in or on board or from 
any vessel or boat, or on or from any part of the coast or shore, or 
within six miles of any part of such coasts or shores, for the purpose 
of making or giving any signal to any person on board any smuggling 
vessel or boat, whether any person so on board be or be not within 
distance to see or hear any such light, fire, flash, blaze or signal ; and 
if any person, contrary to this act, make or cause to be made, or aid 
or assist in making any such light, fire, flash, blaze, or signal, such 
person shall be guilty of a misdemeanour; and it shall be lawful for 
any person to arrest the person, and to carry such person so offending 
before any two justices of the peace residing near the place, who, if 
they see cause, shall commit the offender to the next county gaol, there 
to remain until the next court of oyer or terminer, great session or 
gaol delivery, or until such person shall be delivered by due course of 
law, and it shall not be necessary to prove, on any indictment or in¬ 
formation, that any vessel or boat was actually on the coast; and the 
offender being convicted, shall, by order of the court, either forfeit and 
pay the penalty of <£100, or, at the discretion of such court, be sen¬ 
tenced or committed to the common gaol or house of correction, there 
to be kept to hard labour for not exceeding one year.* § 52. 

Proof of not making signal to lie on the defendant „—In case any 
person be charged with or indicted for having made or caused to be 
made, or been aiding in making, or been present for the purpose of 
making or aiding in making any such fire, light, flash, blaze, or other 
signal, the proof that such thing was not made with such intent, and 
for such purpose, shall be upon the defendant against whom such 
charge is made, or such indictment is found. § 53. 

Jny person may put out lights for signals. —It shall be lawful for 
any person to put out and extinguish or prevent any such light, fire, 
flash, or blaze, or any smoke, signal, rocket, firework, noise, or other 
device or contrivance, and to enter into and upon any lands for that 
purpose, without being liable to any indictment, suit, or action. § 54. 

Persons resisting officers, or destroying goods , to prevent seizure.—If 
any person shall hinder, oppose, molest, or obstruct any officer of the 
army, navy, or marines, or any officer of customs or excise, in the exe¬ 
cution of his duty, or in the due seizing of any goods liable to forfeiture, 
or any person acting in his aid, or duly employed for the prevention of 
smuggling, or shalf rescue or cause to be rescued any goods which 
have been seized, or shall attempt to do so, or shall before, or at or 
after any seizure, stave, break, or otherwise destroy any goods, to pie- 
vent the seizure thereof, or the securing the same, the parties offending 

shall forfeit for every such offence £200. § 55. _ 

* But see 7 Geo. IV. c. 48. § 19. page 424. 





410 


SMUGGLING. 


Felonies. 

Three or more persons armed with firearms, assembled to assist in 
the illegal exportation or landing of prohibited or uncustomed goods .— 
If any persons to the number of three or more, armed with firearms 
or other offensive weapons, shall, within the United Kingdom, or 
within the limits of any port, harbour, or creek thereof, be assembled 
in order to be aiding and assisting in the illegal exportation of any 
goods prohibited to be exported, or in the carrying of such goods in 
order to such exportation, or in the illegal landing, running, or 
carrying away of prohibited or uncustomed goods, or goods 
liable to pay any duties which have not been paid or secured, or 
in the illegal carrying of any goods from any warehouse or other 
place, as shall have been deposited therein, for the security of the 
home consumption duties thereon, or for preventing the use or con¬ 
sumption thereof in the United Kingdom, or in the illegal relanding 
of any goods which shall have been exported upon debenture or certi¬ 
ficate, or in rescuing or taking away any such goods as aforesaid, 
after seizure, from the officer of customs authorized to seize the same, 
or any person employed by them or assisting them, or from the place 
where the same shall have been lodged by them, or in rescuing any 
person who shall have been apprehended for any of the offences made 
felony, or in the preventing the apprehension of any person who shall 
have been guilty of such offence; or in case any persons to the num¬ 
ber of three or more, so armed as aforesaid, shall, within this king¬ 
dom, or within the limits of any port, harbour, or creek thereof, be so 
aiding; every person so offending, and every person assisting therein, 
shall be guilty of felony , and suffer death as a felon, without benefit 
of clergy. § 56. 

Persons shooting at any boat belonging to the navy or customs. —If 
any person shall maliciously shoot at or upon any vessel or boat be¬ 
longing to his Majesty’s navy, or in the service of the revenue in any 
part of the British or Irish channels, or elsewhere on the high seas, 
within one hundred leagues of any part of the coast of the United 
Kingdom, or shall maliciously shoot at, maim, or dangerously wound, 
any officer of the army, navy, or marines, or any officer of customs or 
excise, or any person acting in his aid, or employed for the prevention 
of smuggling, in the due execution of his office, every person so offend¬ 
ing, and every person aiding, shall be guilty of felony, and suffer death 
as a felon, without benefit of clergy. § 57. 

Any person in company with four others passing with goods liable 
to forfeiture, armed or disguised .—If any person, being in company 
with more than four other persons, be found with any goods liable to 
forfeiture, or in company with one other person within five miles of 
any navigable river, carrying offensive arms or weapons, or disguised 
in any way, every such person shall be guilty of felony, and, on con¬ 
viction, be transported as a felon for seven years ; and if such offender 
shall return before the expiration of the seven years, he shall suffer as 
a felon, and have.execution awarded against him as a person attainted 
of felony, without benefit of clergy. § 58. 

Persons assaulting officer by force or violence may be transported, Sfc. 
—If any person shall by force or violence assault, resist, oppose, 
molest, hinder, or obstruct any officer of the army, navy, or marines’, 
or any officer of customs or excise, or other person acting in their aid’ 


SMUGGLING. 


411 


or duly employed for the prevention of smuggling 1 , in the due execu¬ 
tion of their office or duty, such person shall be adjudged a felon, 
and shall be transported for seven years, or sentenced to be imprisoned 
in any house of correction or common gaol, and kept to hard labour 
for not exceeding three years, at the discretion of the court. § 59. 

Officers. 

Commanding officers of vessels in the service may haul their vessels 
on shore , without being liable to any action for so doing. —It shall be 
lawful for the commanding officer of any vessel or boat employed for 
the prevention of smuggling, to haul any such vessel or boat upon 
any part of the coasts of the United Kingdom, or the shores, banks, 
or beaches of any river, creek, or inlet of the same, (not being a 
garden or pleasure ground, or place ordinarily used for any bathing 
machine,) which shall be deemed most convenient for that purpose, 
and to moor any such vessel or boat below high water-mark, and over 
which the tide flows on ordinary occasions, and to continue such 
vessel or boat so moored, for such time as the said officer shall deem 
necessary; and such officer, or persons acting under his direction, 
shall not be liable to any indictment, action, or suit for so doing. 
§ 60 . 

Persons wounded in the service of the customs. —In all cases where 
any officer or seaman employed in the service of the customs or excise 
shall be killed, maimed, wounded, or in any way injured in the due 
execution of his office, or if any person acting in his aid shall be so 
killed, maimed, wounded, or in any way injured while so aiding, it 
shall be lawful for the commissioners of customs and excise to make 
such provisions for the officer or person so injured, or for the widows 
and families of such as shall be killed, as they shall be authorized to 
do by warrant from the commissioners of the treasury. § 61. 

Seizures. 

Condemned vessels and goods how to be disposed of. —All vessels and 
boats, and all goods whatsoever, which shall have been seized and 
condemned, shall be disposed of as soon as conveniently may be after 
condemnation, in the following manner ; (that is to say,) all goods of 
a description admissible to duty, shall be sold by public auction, at a 
price not less than the duty upon importation ; and in case such goods 
will not fetch the duty, shall be put up to sale for exportation, and in 
case they do not sell for exportation, then the goods shall be destroyed ; 
and all prohibited goods shall be put up for sale for exportation to the 
best bidder, and in case they do not sell, then shall be destroyed ; all 
vessels or boats calculated for the fair and mercantile trade of this 
kingdom shall be put up for sale to the best bidder; and all vessels 
or boats calculated for smuggling shall be broken up and* destroyed, 
and the materials shall be put up to sale to the best bidder : Provided 
always, that if the commissioners of customs shall deem any of the 
vessels or boats necessary for the public service, it shall be lawful for 
them to cause the same to be used for the said purpose. § 62. 

Rewards. 

Reward to officers for detaining smugglers. —It shall be lawful for 
the commissioners of customs to award to any officer or person 


* See page 428. 




412 


SMUGGLING. 


detaining 1 any person liable to detention, to be paid upon conviction, 
any reward they may think fit, not exceeding <£20, for each person. 
§63. 

Rewards where pecuniary penalties are recovered. —It shall be lawful 
for the commissioners of customs to pay the following reward to any 
officers, or persons aforesaid, by whose means any pecuniary penalty 
or composition is recovered ; (that is to say,) one-third of the penalty 
or sum recovered. § 64. 

Rewards for seizures —There shall be paid for any seizure made by 
any officer of the army, navy, or marines, or any officer of customs or 
excise, or other person deputed or employed by the commissioners of 
customs or excise, the following rewards : 

In the case of seizures of spirits and tobacco: 

If all the parties are detained and carried before two justices of the 
peace, the whole 

If two or more, not being the whole, are detained and convicted, 
seven-eighths: 

If one, being a seafaring man and convicted, three-fourths : 

If one is detained with the vessel or means of conveyance, three 
fourths: 

If one person is detained and convicted, not a seafaring man, five- 
eighths : 

If vessel or carriage with its lading is seized, without any person 
being detained, one-third : 

If goods found sunk and concealed, and the smuggler afterwards 
convicted in consequence thereof, and by the exertions of the 
individuals so finding them, one half: 

If goods found and no person subsequently convicted, one-eighth : 

If goods seized and parties subsequently convicted in consequence of 
such seizure, and by the exertion of the seizors, one half: 

If goods seized only, one-eighth, or such other part as the commis¬ 
sioners of the customs shall think proper, not exceeding one- 
fourth. 

In the case of seizures of goods prohibited to be imported : 

If vessel after importation or other means of conveyance seized, or 
any person prosecuted to conviction on account of same, two- 
thirds : 

If goods only, one half. 

In the case of seizures of goods not before enumerated : 

If vessel, or other means of conveyance, seized, or any person prose¬ 
cuted to conviction on account of the same, one half: 

If goods only, one-fourth. 

In the case of goods destroyed : 

If vessel, or other means of conveyance, seized, or any person pro¬ 
secuted to conviction on account of the same, a moiety of the 
appraised value or amount of duty: 

If goods only, one-fourth of appraised value or amount of duty. 

In the case of seizures of vessels and boats: 

If sold, a moiety of the produce : 

If taken into the public service or broken up, a moiety of appraised 
value. 

In the case of seizures of cattle and carriages . 
in all cases. '^ee-Fourths of the produce of the sale. § 65. 


SMUGGLING. 


413 

Provided always, that the aforesaid rewards shall be paid, subject 
to a deduction of ten per cent, on account of law charges and other 
expenses. § 66. 

All rewards and seizures to be regulated by orders in council .— 
Every such reward, or part of any such seizure, or of the value thereof, 
as shall be payable to any officers, non-commissioned officers, petty 
officers, seamen, or privates of his Majesty’s army, navy, or marines, 
or acting under the orders of the admiralty, shall be distributed in 
such proportions, and according to such rules, as his Majesty shall by 
order in council, or by proclamation, be pleased to direct. § 67. 

Commissioners may distribute officers' 1 shares of seizures so as to re¬ 
ward persons not present. —It shall be lawful for the commissioners of 
customs or excise, in case of any seizure of vessels, boats, or goods, 
or the apprehension of any parties, to direct the distribution of the 
seizor’s share of such vessels, boats, or goods, or of any penalties or 
rewards, so as to enable any officers, or persons acting under the 
authority of the said commissioners, or through whose information 
or means such seizure shall have been made, or penalty recovered, or 
party apprehended, who shall not have been actually present at the 
making of the same, to participate in such proportions as the said 
commissioners shall deem expedient. § 68. 

Where officers act negligently or collusively. —Upon proof being 
made to the satisfaction of the commissioners of customs or excise, 
that any officer, or person as aforesaid, shall have acted collusively or 
negligently in the making of any seizure, it shall be lawful for the 
commissioners to direct, that the whole, or any part of the proportion 
of such seizure, be applied to the use of his Majesty. § 69. 

Spirits floating on the sea , not to be taken up but by officers. —And 
as it hath frequently happened that spirits have been imported, and 
that the persons importing have alleged that the same had been found 
floating upon or sunk in the sea ; and great frauds have been prac¬ 
tised with regard to such spirits, by the persons so importing the same, 
it is enacted, that no person or persons, being a subject or subjects, 
other than officers of the navy, customs, or excise, or some person 
authorized in that behalf, shall intermeddle with or take up any 
spirits, being in casks of less content than forty gallons, which may 
be found floating upon or sunk in the sea ; and if any spirits shall be 
taken up, and shall be found on board any vessel or boat within the 
limits of any port in the United Kingdom or Isle of Man, or within 
the distances in this act mentioned, the vessel or boat, together with 
such spirits, shall be forfeited, and the persons in whose possession the 
same shall be found, shall forfeit treble value, or <£50, at the election 
of the commissioners of customs. § 70. 

Reward to persons giving information of goods floating or sunk .— 
Provided always, that if any person shall discover any spirits, being 
in casks of less content than forty gallons, which may be found float¬ 
ing upon or sunk in the sea, and shall give information to any officer 
of customs or other person authorized to make seizure, so that seizure 
shall be made, the person giving such information shall be entitled 
to receive such l’eward as the commissioners of customs may direct. 
§ 71. 

Allowance to poor persons confined for offences against laws of 
customs and excise. —For the necessary subsistence of any poor person 
confined in the United Kingdom, or in the Isle of Man, under any 
exchequer or other process for the recovery of any duties or penalties, 





SMUGGLING. 


Ill 

cither upon bond or otherwise, under this or any other act relating to 
the revenue of customs or excise, sued for under ary order of the 
commissioners of customs or excise, it shall be lawful for the com¬ 
missioners of customs or excise, to cause an allowance, not exceeding 
seven-pence halfpenny, and not less than four-pence halfpenny per day, 
to be made to any such poor person, out of any money arising from the 
duties of customs or excise, as the case may require. § 72. 


Jurisdiction. 

Penalties and forfeitures how to be sued for. —All penalties and 
forfeitures incurred or imposed, shall and may be sued for, prosecuted, 
and recovered by action of debt, bill, plaint, or information in any 
court of record at Westminster, or in the courts of exchequer in Scot¬ 
land, or in Dublin, or in the royal courts of the islands of Guernsey, 
Jersey, Alderney, Sark, or Man, in the name of his Majesty’s attorney- 
general, or in the name of some officer of customs, or by information 
before any two justices of the peace in the United Kingdom, or before 
any governor, deputy-governor, or deemster in the Isle of Man * 
Provided^always, that all the powers vested in any justices by virtue 
of this act shall be vested in the commissioners or assistant-com¬ 
missioners of customs in Ireland, or any two of them, and the sub¬ 
commissioners lawfully appointed in Ireland to hear and determine 
complaints, so far as regards any offences committed in Ireland. § 73. 

Offences on the high seas deemed to have been committed at the plane 
into which the offender is taken. —In case any offence shall be com¬ 
mitted upon the high seas, or any penalty or forfeiture shall be incurred 
upon the high seas, such offence shall, for the purpose of prosecution, 
be deemed to have been committed, and such penalties and forfeitures 
to have been incurred, at the place on land, into which the person 
committing such offence, or incurring such penalty or forfeiture, shall 
be taken ; and in case such place on land is situated within any city, 
borough, liberty, division, franchise, or town corporate, as well any 
justice of the peace for such city, borough, liberty, division, franchise, 
or town corporate, as any justice of the peace of the county, shall 
have jurisdiction to hear and determine all cases of offences so com¬ 
mitted upon the high seas: Provided always, that all offences com¬ 
mitted in any city, borough, liberty, division, franchise, or town 
corporate, shall be deemed to have been committed in the county 
within which such city, borough, liberty, division, franchise, or town 
corporate is situated, and as well any justices of the said city, borough, 
liberty, division, franchise, or town corporate, as any justices of any 
county in which such city, borough, liberty, division, franchise, or 
town corporate is situated, shall have jurisdiction to hear and determine 
the same. § 74. 

Justices to summon party accused, and in default of appearance to 
proceed to the hearing and conviction. —In cases where any information 
shall be exhibited before two or more justices, or governor, deputy- 
governor, or deemster of the Isle of Man, for the recovery of any 
penalty, (except as is hereinafter provided,) it shall be lawful for the 
said justices, or governor, deputy-governor, or deemster, to summon 
the party accused, and upon his appearance or default to proceed 
to the examination of the matter, and upon due proof thereof, 
either upon the voluntary confession of such party, or upon the oath 
of one or more credible witness or witnesses, to convict the offender 


This proviso repealed by 10 Geo. IV. c. 43. § 3. See “ Management.’’ 













SMUGGLING. 


415 

in the said penalty; and in case of the non-payment thereof, the said 
justices, or governor, deputy-governor, or deemster, is to cause the 
same, by warrant of distress and sale, to be levied upon the goods of 
th,e offender ; (or in case it shall appear that such offender has not 
sufficient goods whereon to levy the said penalty, it shall be lawful for 
such justices, or governor, deputy-governor, or deemster,) to commit 
such offender to any of his Majesty’s gaols in the county where tiie 
offence shall have arisen, or wherein the offender shall have been 
found, there to remain until the penalty shall be paid: Provided 
always, that when any person shall have been committed by any jus¬ 
tices, or governor, deputy-governor, or deemster, to any prison for 
non-payment of such penalty, or in default of distress, it shall be law¬ 
ful for the gaoler to discharge such person at the end of six calendar 
months from the date of such warrant by which the said person is 
committed to his custody, and he shall be wholly discharged from the 
payment of such penalty. §75.* 

Justices empowered to mitigate in certain cases. —Where any party 
shall be convicted before any two justices, or governor or deputy- 
governor, or deemster, in any penalty, (except as hereinafter provided,) 
it shall be lawful, in cases where upon consideration of the circum¬ 
stances he or they shall deem it expedient so to do, to mitigate the 
payment of the said penalty, so as the sum be not less than one-fourth 
ef the amount of the penalty. § 76. 

Suits to be commenced within three years. —All suits, indictments, 
or informations, in any of the courts of record, shall be brought, sued 
or exhibited, within three years next after the date of the offence, and 
shall be exhibited before any two or more justices of the peace, or 
governor, or deputy-governor, or deemster in the Isle of Man, within 
six months next after the date of the offence committed, § 77. 

Indictments and informations may be inquired into in any county .— 
Any indictment or information found or prosecuted for any offence, 
shall and may be inquired of, tried, and determined in any county of 
England ; and such indictment or information which shall be found 
or prosecuted in Scotland, may be inquired of, tried, and determined 
in any county in Scotland ; and any such indictment or information 
found or commenced in Ireland, may be inquired ot‘ tried, and deter¬ 
mined in any county in Ireland, as if the offence had been committed 
in the said county. § 78. 

Mode of proceeding before justices for condemnation of seized goods. 
—In all cases of information exhibited before any two justices of the 
peace, or any governor, deputy-governor, or deemster as aforesaid, 
for the forfeiture of any goods seized, and where the party to whom 
such goods belonged, or from whom they were seized, is known, it 
shall be lawful for the said justices, or governor, deputy-governor, or 
deemster, to summon the said party, and upon his appearance or 
default to proceed to the examination of the matter of fact, and on 
due proof that the goods are liable to forfeiture to condemn the said 
goods; and in case the party from whom the said goods have been 
seized is not known, it shall be lawful for the said justices, or go¬ 
vernor, deputy-governor, or deemster, to cause public notice to be 
stuck up in the royal exchange if the seizure is made in London, at 
the market-cross if in Edinburgh, and at the royal exchange if in 
Dublin, and if the seizure is made at any other place, then a notice 
shall be publicly read by the public crier at the next market-place, 
stating that the goods have been so seized, and that the hearing will 

* See 7 Geo. IV. c. 48. § 18. page. 424. 




41(5 SMUGGLING. 

take place on a certain day, not being less than eight days from the 
date of the said notice; and in default of any person’s attendance in 
consequence of the said notice, the said justices, or governor, deputy- 
governor, or deemster, are to proceed to the hearing and condemn¬ 
ation of the said goods as aforesaid. § 79. / ; 

Persons detained for certain offences , to pay <£100, or if seafaring 
men, to be sent into the naval service. —It shall be lawful for any two 
justices of the peace, or governor, deputy-governor, or deemster, as 
aforesaid, before whom any person liable to be arrested, and who 
shall have been arrested, for being found or discovered to have been 
on board any vessel or boat liable to forfeiture, or for unshipping, 
carrying, conveying, or concealing or aiding, or being concerned in 
unshipping, carrying, conveying, or concealing, any spirits or tobacco 
liable to forfeiture, shall be carried, on the confession of such person, 
or on proof upon the oaths of one or more credible witness or wit¬ 
nesses, to convict such person of any such offence ; and every such 
person so convicted shall immediately upon conviction pay into the 
hands of such justices, or governor, deputy-governor, or deemster, 
the penalty of <£'100, without any mitigation whatever ; or in default 
thereof the said justices, or governor, deputy-governor, or deemster, 
shall, by warrant, commit such person to any gaol or prison until 
such penalty shall be paid: Provided, that if the person convicted 
shall be a seaman or seafaring man, and fit to serve his Majesty in 
his naval service, and shall not prove that he is not a subject of his 
Majesty, it shall be lawful for such justices, or governor, deputy- 
governor, or deemster, in lieu of such penalty, by warrant to order 
any officer of the army, navy, or marines, or officer of customs or 
excise, to carry such person on board of any of his Majesty’s ships, 
in order to his serving his Majesty in his naval service for five years; 
and if such person shall within that period escape or desert, he shall 
be liable at any time afterwards to be again arrested and detained by 
any officer of customs^ or any other person, and delivered over to 
complete his service of five years: Provided, that if it shall be made 
to appear to any such justices, or governor, deputy-governor, or 
deemster, that convenient arrangement cannot be made at the time of 
conviction, for immediately carrying such seaman or seafaring man 
on board any of his Majesty’s ships, it shall be lawful for any such 
justices, or governor, deputy-governor, or deemster, to commit such 
seaman or seafaring man to any gaol, there to remain for any period 
not exceeding one month, in order that time may be given to make 
arrangements for conveying such seaman or seafaring man on board 
as aforesaid: Provided also, that the commissioners of the treasury 
shall have full power to remit or mitigate any such penalty, punish¬ 
ment, or service, whether the parties shall be seafaring men or other¬ 
wise. § 80. 

Persons convicted and sent on board his Majesty's ships found 
unfit. —If any person so convicted as a seaman, and carried on board 
any of his Majesty’s ships of war, shall, on examination by any sur¬ 
geon, within one week, be deemed to be unfit, and-shall be refused to 
be received, such person shall, as soon as convenient, be conveyed 
before any two justices, or any governor, deputy-governor, or deemster 
as aforesaid; and upon proof that he has been refused to be received 
on board any of his Majesty’s ships, such justices, governor, deputy 
governor, or deemster, shall call upon the said person to pay the 


SMUGGLING. 


417 


penalty of <£100, without hearing; any evidence other than such proof; 
and in default of immediate payment into the hands of the said jus¬ 
tices, governor, deputy-governor, or deemster, shall commit the said 
person to any gaol, there to remain until such penalty shall be paid : 
Provided, that no person so convicted, and ordered to serve on board 
any of his Majesty’s ships, shall be sent away from the United 
Kingdom on board of any such ship in a less time than one month 
from date of conviction. § 81. 

Informations, Sfc. to be in the form given in the schedule. —All in 
formations before justices of the peace, governors, deputy-governors, 
or deemsters, and all convictions and warrants, shall be drawn in the 
form or to the effect in the schedules to this act annexed. § 82. 

Persons arrested for certain offences may be detained by order of 
justices. —Where any person shall have been arrested and detained 
by any officer of the army, navy, or marines, on full pay, or any 
officer of customs or excise, or any person acting in their aid, or duly 
employed for the prevention of smuggling, and shall have been taken 
before ^ny two justices, if it shall appear to such justices that there 
is reasonable cause to detain such person, such justices may order 
such person to be detained a reasonable time, as well before as after 
any information exhibited; and at the expiration of such time, such 
justices may proceed finally to hear and determine the matter. § 83. 

Capias may issue against persons sued under this act. —Whenever 
any penalty shall be sued for by information in any of the courts of 
record at Westminster, or in the courts of exchequer in Scotland or 
in Dublin, a capias shall issue as the first process, specifying the 
amount of the penalty ; and such person shall be obliged to give 
sufficient bail by natural-born subjects or denizens, to appear at the 
day of the return of such writ; and shall likewise at the time of such 
appearing give bail as aforesaid, to pay all the forfeitures incurred, 
in case he shall be convicted thereof, or to yield his body to prison. 
§ 84. 

Persons arrested on capias and not pleading. —If any person shall 
be arrested upon such capias, and taken to prison for want of bail, a 
copy of the information shall be served upon him in gaol, or deli¬ 
vered to the gaoler, keeper, or turnkey ; and if such person shall 
neglect or refuse to appear or plead for the space of one term, judg¬ 
ment shall be entered by default; and in case judgment shall be 
obtained by default, verdict, or otherwise, and such person shall not 
pay the sum recovered, execution shall be thereupon issued, not only 
against the body or the person so in prison, but against all the real 
and personal estates of such person, for such sum so recovered. § 85. 

Persons not worth £5, may defend suits in formd pauperis. —In 
case any person arrested and imprisoned by capias as aforesaid, shall 
make affidavit before the judge, or any person commissioned to take 
affidavits, that he is not worth over and above his wearing apparel, 
the sum of £5, and such person shall thereupon petition to defend 
himself in formd pauperis , then the judge or judges shall, according 
to their discretion, admit such person to defend himself, in the same 
manner and with the same privileges as the judges are by law directed 
to admit poor subjects to commence actions; and for that end it shall 
be lawful for the judges to assign counsel, and to appoint an attorney 
and clerk of court to advise and carry on any legal defence that such 
person can make against such action or information, and which 

2 E 


418 


SMUGGLING. 


counsel, attorney, and clerk are to give their advice and assistance to 
such person, and to do their duties without fee or reward. § 86. 

Sheriff to grant warrant on writ of capias endorsed by one of the 
solicitors for the customs. —-Where any writ of capias shall issue, 
directed to - any sheriff, mayor, bailiff, or other person, every such 
sheriff, mayor, or bailiff, and other person, and their under sheriffs, 
deputies, and other persons acting for them, shall, upon the application 
of one of the solicitors for the customs (such request to be ill writing, 
and endorsed upon the back of the said process, and signed by such 
solicitor, with his name and addition of solicitor for the customs) to 
grant a special warrant to such person or persons as shall be named 
to them by such solicitor, for the apprehending such offender ; or in 
default thereof, every such sheriff, mayor, bailiff, under sheriff, and 
other person, shall be subject to such process of contempt, fines, 
amerciaments, penalties, and forfeitures, as they are now liable to in 
case of refusing or neglecting to execute the like process where the 
defendant might have been taken thereupon in the usual method of 
proceeding. § 87. 

Sheriff indemnified from escapes. —Every such sheriff, mayor, 
bailiff, under sheriff, and other persons making out special warrant, 
shall be indemnified against his Majesty, and against all other per¬ 
sons, from all escapes of any person who shall be taken by virtue of 
such warrant, from the time of taking such offender till he shall be 
committed to gaol, or tendered to the gaol-keeper, (who is to receive 
every such person, and give a receipt for his body,) and from all 
actions, prosecutions, process of contempt, and other proceedings for 
such escape. § 88. 

Claims for seized goods to be entered in the name of the real owner .— 
No claim shall be permitted to be entered to any vessel, boat, or 
goods seized for any cause of forfeiture, and returned into the courts 
of exchequer, unless such claim is entered in the real name of the 
owner or proprietor, describing the residence and business of such 
person; and if such person shall reside at London, Edinburgh, or 
Dublin, or within the liberties thereof, oath shall be made by him 
before one of the barons of the court of exchequer, that the vessel, 
boat, or goods so claimed was or were really the property of him at 
the time of seizure ; but if such person shall not be resident in 
London, Edinburgh, or Dublin, or the liberties thereof, then oath 
shall be made in like manner by the agent or attorney, or solicitor, 
by whom such claim shall be entered, that he has full power from 
such owner or proprietor to enter such claim, and that to the best of 
his knowledge and belief such vessel, boat, or goods, were at the 
time of the seizure bo7id fide the real property of the person in whose 
name such claim is entered, which oath shall be endorsed and certified 
on the back of the indenture of appraisement, and on failure thereof 
the vessel, boat, or goods shall be absolutely condemned, and judg¬ 
ment shall be entered thereon by default, in the same manner as if no 
claim had been entered thereto ; and every person who shall be con¬ 
victed of taking a false oath, shall be guilty of perjury, and liable to 
the pains for wilful and corrupt perjury. § 89. 

Writ of delivery for seized goods. —No writ of delivery shall be 
granted out of the court of exchequer to any person making claim as 
aforesaid, unless a delay of proceeding to trial and condemnation for 
the space of three terms shall have taken place, and in that case not 
until good security be given in double the appraised value of such 


SMUGGLING, 


419 


vessel, boat, or goods, to return the same, or to pay the full amount 
of such security Upon condemnation. § 90. 

Upon entry of claim , security to be given. —Upon the entry of any 
claim, the persons who shall enter the claim as the owners, (in case 
such claimant shall reside in the United Kingdom,) shall be bound 
with two sufficient sureties in ,£100, to pay the costs occasioned by 
such claim ; and it such owner or proprietor shall not reside in the 
United Kingdom, then the attorney or solicitor shall in like manner 
be bound, with two sufficient securities, in the like penalty, to pay 
the costs occasioned by such claim. §91. 

If suit brought on any seizure, and the judge certify that there 
was probable cause , claimant shall not have costs. —In case any suit 
shall be commenced or brought to trial on account of any seizure, 
wherein a verdict shall be found for the claimant, and it shall appear 
to the court before whom the same shall have been tried, that there 
was a probable cause of seizure , such court shall certify on the record, 
that there was such probable cause, and in such case the claimant 
shall not be entitled to any costs whatsoever, nor shall the person 
who made such seizure^be liable to any action, indictment, or other 
suit or prosecution; and in case any action, indictment, or other suit 
or prosecution shall be commenced and brought to trial against 
any person, on account of any such seizure, wherein a verdict shall 
be given against the defendant, if the court shall have certified on 
the said record that there was a probable cause for such seizure, then 
the plaintiff, besides the things seized, or the value thereof, shall not 
be entitled >to above two pence damages, nor to any costs of suit, nor 
shall the defendant in such prosecution be fined above Is. § 92. 

No process to be sued out against any officer until one calendar 
month next after notice. —No writ shall be sued out against, nor a 
copy of any process served upon any officer of the army, navy, ma¬ 
rines, customs, or excise, or against any person acting under the 
direction of the commissioners of customs, for any thing done in the 
execution of his office, until one calendar month next after notice in 
writing shall have been delivered to him, or left at his usual place of 
abode, by the attorney for the party who intends to sue out such writ 
or process, in which notice shall be explicitly contained the cause of 
action, the name and abode of the person who is to bring such action, 
and the name and abode of the attorney; and a fee of 20s. shall be 
paid for the preparing or serving of every such notice. § 93. 

No evidence to be adduced but what is contained in the notice. —No 
plaintiff in any case where an action shall be grounded on any act 
done by the defendant, shall be permitted to produce any evidence of 
the cause of such action, except such as shall be contained in the 
notice, or shall receive any verdict against such officer, unless he shall 
prove on the trial that such notice was given; and in default of such 
proof, the defendant shall receive a verdict and costs. § 94. 

Officer may tender amends. —It shall be lawful for any such officer 
or person to whom such notice shall have been given, at any time 
within one calendar month after such notice, to tender amends to the 
party complaining, or to his agent or attorney, and in case the same 
is not accepted to plead such tender in bar with the plea of not 
guilty, and other plea with leave of the court; and if upon issue 
joined, the jury shall find the amends so tendered to have been suf¬ 
ficient, then they shall give a verdict for the defendant; and in such 
case, or in case the plaintiff shall become nonsuited or discontinue, or 

2 e 2 


420 


SMUGGLING. 


in case judgment shall be given for such defendant upon demurrer, 
then such defendant shall be entitled to the like costs as if he had 
pleaded the general issue only ; but if upon issue joined, the jury shall 
find that no amends were tendered, or that the same were not suf¬ 
ficient, or shall find against the defendant in such other plea, then 
they shall give a verdict for the plaintiff, and such damages as they 
shall think proper, together with costs of suit. § 95. 

Officer neglecting to tender amends may pay money into court .— 
In case such officer or person shall neglect to tender amends, or shall 
have tendered insufficient amends before action brought, it shall be 
lawful for him, by leave of the court, at any time before issue joined, 
to pay into court such sum as he shall see fit, whereupon such pro¬ 
ceedings shall be had as in other actions where the defendant is 
allowed to pay money into court. § 96. 

Action to be commenced within six months. —If any action shall be 
brought, such action shall be brought within six months next after the 
cause of action shall have arisen, and not afterwards, and shall be laid 
and tried in the county where the facts were committed, and not in 
any other county, and the defendant may plead the general issue, and 
give the special matter in evidence; and if the plaintiff shall become 
nonsuited, or discontinue, or if, upon a verdict or demurrer, judg¬ 
ment shall be given against the plaintiff, the defendant shall receive 
treble costs. § 97. 

Judges of the court of king's bench may issue warrant for the ap¬ 
prehension of offenders. —Whenever any person shall be charged with 
any offence against this or any act relating to the customs, or for 
which he may be prosecuted by indictment or information in the 
court of king’s bench, and the same shall be made appear to any 
judge of the same court, by affidavit, or by certificate of an inform¬ 
ation or indictment being filed, it shall be lawful for such judge to 
issue his warrant under his hand and seal, and thereby to cause such 
person to be apprehended and brought before him, or some other 
judge of the same court, or before one of his Majesty’s justices of the 
peace, in order to his being bound to the king, with two sufficient 
sureties, in such sum as in the said warrant shall be expressed, with 
condition to appear in the said court at the time mentioned in such 
warrant, and to answer to all indictments or informations; and in 
case any such person shall neglect or refuse to become bound, it shall 
be lawful for such judge or justice to commit such person to the com¬ 
mon gaol of the county, or place where the offence shall have been 
committed, or where he shall have been apprehended, there to remain 
until he become bound as aforesaid, or shall be discharged by order 
of the court in term time, of one of the judges in vacation ; and the 
recognizance to be thereupon taken shall be returned and filed in the 
said court, and shall continue in force until such person shall have 
been acquitted, or in case of conviction, shall have received judgment, 
unless sooner ordered by the court to be discharged; and where any 
person, either by virtue of such warrant of commitment aforesaid, or 
by virtue of any writ of capias ad respondendum, issued out of the 
said court, is now detained, or shall hereafter be committed to and 
detained in any gaol for want of bail, it shall be lawful for the prose¬ 
cutor of such indictment or information, to cause a copy thereof to be 
delivered to such person, or to the gaoler, keeper, or turnkey, with a 
notice thereon endorsed, that unless such person shall, within eight 
days from the time of such delivery, cause an appearance, and also a 


SMUGGLING. 


421 


plea or demurrer to be entered, an appearance and the plea of not 
guilty will be entered thereto in the name of such person ; and in case 
he shall thereupon, for the space of eight days, neglect to cause an 
appearance, and also a plea or demurrer, to be entered, it shall be 
lawful for the prosecutor, upon affidavit being made and filed in the 
court of the delivery of a copy of such indictment or information, with 
such notice endorsed thereon as aforesaid, to such person, or to such 
gaoler, keeper, or turnkey, which affidavit may be made before any 
judge or commissioner of the said court,'to cause an appearance and 
the plea of not guilty to be entered in the said court; and such pro 
ceedings shall be had thereupon as if the defendant in such indict¬ 
ment or information appeared and pleaded not guilty, according to the 
usual course ; and if, upon trial, any defendant shall be acquitted, it 
shall be lawful for the judge before whom such trial shall be had, to 
order that such defendant shall' be forthwith discharged out of cus¬ 
tody, and such defendant shall be discharged accordingly. § 98. 

Sheriff to assign bail-bond at the request of the prosecutor .—If any 
person shall be arrested by a writ of capias, issuing out of any court of 
record at Westminster, or out of any of the superior courts of record of 
either of the counties palatine, or out of any of the courts of great 
session in Wales, at the suit of the King, and the sheriff shall take 
bail; the sheriff, at the request and costs of the prosecutor, shall as¬ 
sign to the King the bail-bond, by endorsing the same and attesting it 
under his hand and seal, in the presence of two witnesses, which may 
be done without any stamp, provided the assignment be duly stamped 
before suit commenced ; and if such bail-bond be forfeited, such pro¬ 
cess shall thereupon issue as on bonds originally made to the King; 
and the court in which such bail-bond is put in suit may, by rule of 
court, give such relief to the defendant as is agreeable to justice. § 99. 

Suits to be commenced in the name of attorney-general , or an officer 
of the customs. —No indictment shall be preferred, or suit commenced 
for the recovery of any penalty, (except in the cases of persons detained 
and carried before two justices,) unless such suit shall be commenced 
in the name of his Majesty’s attorney-general, or unless such indict¬ 
ment shall be preferred under the direction of the commissioners of 
customs or excise, or unless such suit shall be commenced in the name 
of some officer of customs or excise, under the direction of the said 
commissioners. § 100. 

The attorney-general may enter a noli prosequi. —If any prose¬ 
cution whatever shall be commenced for the recovery of any fine, 
penalty, or forfeiture under this or any other act relating to the cus¬ 
toms and excise, it shall be lawful for his Majesty’s attorney-general, 
if he is satisfied that such fine, penalty, or forfeiture was incurred 
without any intention of fraud, or that it is inexpedient to proceed in 
the said prosecution, to stop all further proceedings, by entering a 
noli prosequi, as well with respect to the share to which any officer 
may be entitled, as to the King’s share. § 101. 

Onus probandi to lie on the claimer. —If any goods shall be seized 
for nonpayment of duties or any other cause of forfeiture, and any 
dispute shall arise whether the customs, excise, or inland, duties have 
been paid, or the same have been lawfully imported, or concerning 
the place from whence such goods were brought, in such case the 
proof thereof shall lie on the owner or claimer, and not on the officer. 
§ 102 . 

No justice uho is a collector to take cognizance of convictions. —No 


422 


SMUGGLING. 


justice of the peace, who is a collector or comptroller, or otherwise 
connected with the collection of the customs or excise, shall take cog¬ 
nizance of any matter relating to the summary convictions of persons 
offending against this act. § 103. 

Averment of certain matters to be sufficient, until the contrary is 
proved. —In case of any information or proceedings, the averment that 
the commissioners of customs or excise have directed or elected such 
information or proceedings to be instituted, or that any vessel is foreign 
or British, or that any person detained is or is not a subject of his Ma¬ 
jesty, or that any person detained is or is not a seaman, or fit and able 
to serve his Majesty in his naval service, or that any person is an officer 
of the customs, shall be sufficient, without proof,as to such facts, 
unless the defendant in such case shall prove to the contrary. § 104. 

Viva voce evidence may be given that a party is an officer. —If upon 
any trial a question shall arise whether any person is an officer of 
the army, navy, or marines, or officer of customs or excise, evidence of 
his having acted as such shall be deemed sufficient, and such person 
shall not be required to produce his commission or deputation unless 
sufficient proof shall be given to the contrary ; and every such officer, 
and any person acting in his aid or assistance, shall be deemed a com¬ 
petent witness upon the trial of any suit or information, on account of 
any seizure or penalty as aforesaid, notwithstanding such officer or 
other person may be entitled to the whole or any part of such seizure 
or penalty. § 105. 

Power of this act not to extend to officers of the army, navy, or 
marines, unless on full pay, and duly employed for the prevention of 
smuggling. —In all cases where any power, authority, or protection is 
given or granted by this act to any officer or officers of the navy, army, 
or marines, the same shall not extend or be construed to extend to any 
such officer or officers, unless such officer or officers shall be on full 
pay, and employed for the prevention of smuggling under the proper 
authority to which such officer or officers is or are subjected, or under 
the authority of the commissioners of the customs or excise, and such 
officer or officers shall be deemed to be duly authorized for the purposes 
of this act or any other act relating to the revenue of customs ; any 
thing in this or any other act to the contrary notwithstanding. § 106. 


7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Licences, for what vessels required.—Licence bond.—Minors being 
owners of boats. “ Whereas an act was passed in the last session of 
parliament, intituled 4 An Act for the prevention of Smuggling,’ and it 
is expedient to alter and amend the same in manner hereinafter pro¬ 
vided be it therefore enacted, that no licence (except a licence for 
arming) shall be required under the said act for any ship or vessel 
which is of the burthen of 200 tons or upwards,—nor for any square- 
rigged ship or vessel,—or any ship, vessel, or boat propelled by steam, 
which is not of greater length than in the proportion of three feet six 
inches to one foot of breadth and that no. greater or other security 
shall be required on account of any licence to be issued under the said 
act, than in the sum of one thousand pounds , or in the single value of 
the vessel or boat for which such licence is to be issued, (if such value 


SMUGGLING. 


423 


be less than one thousand pounds ,)—and by the sole bond of such 
owner or owners of such vessel or boat:—Provided always, that if any 
such bond shall be taken of the owner of any boat who shall not have 
attained the age of twenty-one years, such bond shall nevertheless be 
valid and effectual to all intents and purposes; any thing in any act, or 
in any law, custom, or usage to the contrary notwithstanding. § 12. 

Licence bond not to be cancelled for twelve months. —No bond given 
on account of the licence of any vessel or boat, under the said act for 
the prevention of smuggling, shall be cancelled until the space of 
twelve months after the licence for which such bond had been entered 
into shall have been delivered up to the proper officer of the customs; 
—and such bond shall remain in full force and effect for the time of 
twelve months after the delivering of the licence as aforesaid, unless 
fresh security shall be given for such vessel or boat. § 13. 

Goods forfeited with vessel. —In case any vessel shall, on account of 
any goods, become liable to forfeiture under the said act for the preven¬ 
tion of smuggling, the goods creating such forfeiture shall also be for¬ 
feited. § 14. 

Foreign boat within one league forfeited as foreign vessel would be .— 
And whereas by the said act for the prevention of smuggling it is 
enacted, that if any foreign vessel shall, in certain cases therein de¬ 
scribed, be found within one league of the coast of the United King¬ 
dom, such vessel shall be forfeited ; be it therefore enacted, that the 
like forfeiture shall in similar cases attach equally to any foreign boat, 
as fully and effectually as if in the said act such forfeiture had been 
made to attach to any foreign vessel or boat. § 15. 

Vessels or boats arriving in port with spirits or tobacco in small 
packages forfeited, and persons found on board knowing thereof to for¬ 
feit ,£100.—If any vessel or boat whatever shall arrive,—or shall be 
found or discovered to have been—within any port, harbour, river, or 
creek of the United Kingdom, (not being driven therein by stress of 
weather or other unavoidable accident,) having on board, or in any 
manner attached or fixed thereto,—or having had on board, or in any 
manner attached or affixed thereto,—or conveying, or having conveyed 
in any manner, within any such port, harbour, river, or creek, any 
brandy or other spirits , (except rum,) in any cask or package* of less 
size or content than forty gallons, except only for the use of the seamen 
then belonging to and on board such vessel or boat, (not exceeding two 
gallons for each seaman,) or any tobacco * or snvjf in any cask or 
package in which such tobacco or snuff could not be legally imported 
into the United Kingdom in such vessel, (except loose tobacco for the 
use of the seamen, not exceeding five pounds weight for each seaman,) 
every such vessel or boat, together with such spirits or tobacco, shall be 
forfeited; —and every person found or discovered to have been on board 
such vessel or boat, at the time of her becoming so liable to forfeiture, 
and knowing such spirits or tobacco to be or to have been on board, or 
attached to such vessel or boat, shall forfeit the sum of one hundred pounds, 
and shall be liable to detention and prosecution, and to be dealt with in 
the manner directed by the said act for the prevention of smuggling, in 
cases of persons found or discovered to have been on board vessels 
liable to forfeiture under that act:—Provided always, that if it shall be 
made appear by proof on oath, to the satisfaction of the commissioners of 


* But see 6 Geo. IV. c. 107. § 52. Regulation Act. See also article u Spirits’ 
in the Schedule of Duties of Customs. 



424 


SMUGGLING. 


his Majesty’s customs, that the said spirits or tobacco were on board 
without the knowledge or privity of the owner or master of such vessel 
or boat, and without any wilful neglect or want of reasonable care on 
their or either of their behalfs, then and in such case the vessel or boat 
shall not be liable to forfeiture, although the persons concerned in 
placing the said spirits or tobacco on board, or knowing thereof, shall 
be liable to detention and prosecution as aforesaid. § 16. 

Writ of certiorari and of habeas corpus not to be granted unless ob¬ 
jections to proceedings be stated. —No writ of certiorari shall issue from 
his Majesty’s Court of King’s Bench to remove any proceedings before 
any justice or justices of the peace under any act for the prevention of 
smuggling, or relating to the revenue of the customs; nor shall any 
writ of habeas corpus issue to bring up the body of any person who 
shall have been convicted before any justice or justices of the peace 
under any such act, unless the party against whom such proceeding 
shall have been directed, or who shall have been so convicted, or his 
attorney or agent, shall state in an affidavit in writing, to be duly 
sworn, the grounds of objection to such proceedings or conviction ; and 
upon the return to such writ of certiorari or habeas corpus, no objection 
shall be taken or considered other than such as shall have been stated 
in such affidavit; and it shall be lawful for any justice or justices of 
the peace, and they are hereby required, to amend any information, 
conviction, or warrant or commitment for any offence under any such 
act. § 17. 

Gaolers not to discharge persons confined for ,£100.—It shall not be 
lawful for the gaoler or keeper of any prison, in virtue of any authority 
to him given by the said act for the prevention of smuggling, to dis¬ 
charge any person who shall have been committed to such prison for 
nonpayment of any penalty or penalties, if such penalty or penalties 
shall amount to or exceed the sum of one hundred pounds ; any thing 
in the said act to the contrary notvvithstandi ng. §18. 

Signals to smuggling vessels. —Every intimation to any smuggling 
vessel or boat, in whatever manner given, shall be deemed to be a 
signal within the meaning of the said act for the prevention of smug¬ 
gling, and shall subject the person giving such intimation to be detained 
and proceeded against as directed by the said act. § 19. 

Proof on trial of Treasury Order. —Upon the trial of any issue, or 
upon any judicial hearing or investigation touching any penalty or 
forfeiture under any law or laws relating to the revenue of the customs 
or excise,—or to the law of navigation,— where it may be necessary to 
give proof of any order issued by the commissioners of his Majesty’s 
treasury, or by the commissioners of his Majesty’s customs or excise 
respectively* the letter or instructions which shall have been officially 
received by the officer of customs or excise, at the place or district 
where such penalty or forfeiture shall have been incurred, (or shall be 
alleged to have been incurred,) for his government, and in which such 
order is mentioned or referred to, and under which said instructions he 
shall have acted as such officer, shall be admitted and taken as sufficient 
evidence and proof of such order, to all intents and purposes whatso¬ 
ever.* § 20. 


* See also 6 Geo. IV. c. 10ft. § 53. Management. 


llOUlfiHJ; 




SMUGGLING. 


425 


7 and 8 Geo. IV. c. 56. 

An Act to amend the Laws relating to the Customs. 

Smugglers prosecuted as seamen , and proving not Jit for naval ser¬ 
vice. —“ Whereas an act was passed in the sixth year of the reign of his 
present Majesty, intituled * An Act for the prevention of Smuggling/ 
and it is expedient to alter and amend the same in manner hereinafter 
provided be it therefore enacted, that if any person shall be proceeded 
against under the said act, or this, or any other act now in force,—or 
hereafter to be made for the prevention of smuggling, or relating to the 
revenue of customs or excise, and the information against such person 
shall charge him as being a seaman, and fit and able to serve his Ma¬ 
jesty in his naval service, and it shall appear to the justices before whom 
such person is brought that he is guilty of the offence with which he is 
charged, but that he is not fit for his Majesty’s naval service, then the 
justices shall amend such information accordingly, and convict such 
person in one hundred pounds , as if proceeded against as not being a 
seaman, or fit for his Majesty’s naval service. § 4. 

Spirits or tobacco removed without permit to be deemed unshipped 
without payment of duty. —All spirits or tobacco which shall be found 
being removed or carried without permit, shall be deemed to be spirits 
or tobacco respectively unshipped without payment of duty, unless the 
party in whose possession the same shall be found or seized shall prove 
to the contrary. § 5. 

How value of goods for penalties to be ascertained. —In all cases 
where any penalty (the amount of which is at any time to be determined 
by the value of any goods) is directed to be sued for under any law now 
in force, or hereafter to be made, for the prevention of smuggling,—or 
relating to the revenue of customs or excise,—such value shall be deemed 
and taken to be according to the rate and price which goods of the like 
sort or denomination, and of the best quality, bear at such times in 
London , and upon which the duties due upon importation have been 
paid. § 6. 

One justice may issue process for the appearance of the party before 
two justices.—One justice may enforce conviction.—Commencement of 
imprisonment. —In all cases where any information is exhibited for any 
offence against the said last-mentioned act, or this, or any other act now 
in force, or hereafter to be made for the prevention of smuggling, or 
relating to the revenue of customs or excise, such information may be 
received by one justice of the peace, and such justice may issue a sum¬ 
mons for the appearance of the party against whom such information is 
exhibited before any two justices of the peace; and after the hearing 
and conviction before any two justices, any one of the said justices, or 
any other justice of the peace, may issue his warrant to enforce the con¬ 
viction, and such warrant shall and may be executed in any county in 
England; and where, in default of payment of the penalty, the im¬ 
prisonment of the party takes place for the space of six months, such 
time of imprisonment shall be reckoned from the time of the commence¬ 
ment of such imprisonment. § 7. 

Summons left at the abode of the party to be deemed good service .— 
Where any information shall be exhibited before a justice or justices of 
the peace for any fine, penalty, or forfeiture, under any act now in 
force, or hereafter to be made, for the prevention of smuggling, or re¬ 
lating to the revenue of customs or excise, and it is necessary to summon 


426 


SMUGGLING. 


the party against whom such information is exhibited, it shall be deemed 
a good and sufficient service of such summons if the same be left at the 
house, or usual place of residence of the said party, and directed to such 
party. § 8. 

Persons escaping from foreign vessels in chase to be deemed British 
subjects. —“ Whereas by the said act for the prevention of smuggling, 
foreign vessels laden with spirits in casks of less content than forty gal¬ 
lons or with certain other goods, in which there shall be a certain pro¬ 
portion of British subjects, are liable to seizure if found within certain 
distances of the coast: and whereas it frequently happens that during 
chase, and previously to such vessels being taken possession of, certain 
persons who are believed to be British subjects, but of which there is 
no legal proof, quit such vessels, leaving only foreigners on board, by 
which the law is evaded, and the vessels and cargoes escape confisca¬ 
tion, although the cargoes may be evidently intended to be smuggled 
into the United Kingdom,” it is enacted, that in all such cases where 
any person shall escape from any such vessel or boat before possession 
is taken of it, every such person so escaping shall be deemed to be a 
subject of his Majesty within the meaning of the said last-mentioned 
act, unless it shall be proved to the contrary. § 9. 

Magistrate in the adjoining county to have jurisdiction. —Where, in 
proceedings under the said last-mentioned act, the attendance of two 
magistrates having jurisdiction in the county where the offence is com¬ 
mitted cannot be conveniently obtained, it shall be lawful for a magis¬ 
trate of any adjoining county, with one magistrate of the county in 
which the offence was committed, to hear and determine any informa¬ 
tion exhibited before them, and to have the same powers and authorities 
in all respects as to any proceeding had under the said last-mentioned 
or any other act for the prevention of smuggling, or relating to the 
revenue of customs or excise, as if they were both magistrates for the 
county in which the offence was committed. § 10. 

Penalties recovered before justices to be paid to commissioners of cus¬ 
toms or excise. —All penalties and forfeitures which may be recovered 
before any justices of the peace under the said last-mentioned act, or 
this, or any other act for the prevention of smuggling,—or relating to 
the revenue of customs or excise,—on any prosecution by order of the 
commissioners of customs, shall be paid to the commissioners of cus¬ 
toms, and on any prosecution by order of the commissioners of excise, 
to the commissioners of excise, or to the person appointed by them 
respectively to receive the same, and to be applied by the said commis¬ 
sioners as the law directs. § 11. 

Goods found concealed in double sides, or false bottoms of packages. 
-—If any goods which are subject to any duty or restriction in respect of 
importation, shall be found to be concealed in double sides or false 
bottoms,—or in any other secret or disguised place in any package,—or 
among any other things in such package,—then not only all such goods, 
but also all other goods found in the said package, shall be forfeited. 
§ 1 * 2 . 

Treasury may restore seizures.— It shall be lawful for the commis¬ 
sioners of the treasury, or any three or more of them, by an order made 
for that purpose under their hands, to direct any vessel, boat, or goods 
seized under any act made for prevention of smuggling, or relating to 
the revenue of customs or excise, or to the trade or navigation of the 
United Kingdom, or any of his Majesty’s possessions abroad, to be de¬ 
livered to the owner, whether the same shall have been seized in the 


SMUGGLING. 


427 


United Kingdom or abroad, and whether condemnation has taken place 
or not, upon such conditions as they may deem expedient, and which 
shall be mentioned in the said order. § 13. 

Persojis entering an appearance , and neglecting to plead , prosecutor 
may enter plea of not guilty, and proceed to trial. —Where any person 
shall be arrested by virtue of a warrant issued under the said act for the 
prevention of smuggling, and shall enter into a recognizance, and ap¬ 
pear, but shall not afterwards plead to the information or indictment, 
it shall be lawful for the prosecutor to cause a copy thereof to be de¬ 
livered to such person, or to his or her attorney or agent, or to be left 
at his or her last place of abode, with a notice thereon indorsed, that 
unless such person shall, within eight days from the time of such de¬ 
livery, cause a plea to be entered, the prosecutor will enter a plea of not 
guilty on his or her behalf; and upon affidavit being made and filed in 
the court of the delivery of a copy of such information or indictment, 
with such notice indorsed thereon, it shall be lawful for the prosecutor 
to cause the plea of not guilty to be entered for such person, and such 
proceedings shall be had thereupon as if the defendant had pleaded 
according to the usual course of the court. § 14. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Persons detained under the smuggling laws , one justice may commit 
before, hearing the case. —“ And whereas by the 6 Geo. IV. c. 108. it 
is enacted, that two justices of the peace may order any person or per¬ 
sons who shall have been arrested and detained for any offence against 
any act for the prevention of smuggling, to be detained a reasonable 
time, as well before as after any information shall have been exhibited 
against such party ; and great difficulty has arisen in procuring the 
attendance of the same two justices who ordered the party to be de¬ 
tained, to hear and determine the case; and it is expedient that one or 
more justices should have the power to direct such person or persons to 
be detained a reasonable time, as well before as after any information 
shall have been exhibited against such party it is therefore enacted, 
that in all cases where any person or persons shall be detained for any 
offence against the laws now in force, or hereafter to be made, for the 
prevention of smuggling, or relating to the revenue of customs or excise, 
and shall be taken before one or more justices of the peace, to be dealt 
with according to law, if it shall appear to such justice or justices that 
there is reasonable cause to detain such person or persons, such justice 
or justices may order such person or persons to be detained a reason¬ 
able time, as well before as after any information has been exhibited 
against such party, and at the expiration of such time any two or more 
justices may proceed finally to hear and determine the matter. § 7. 

10 Geo. IV. c. 43. 

An Act to amend the Laws relating to the Customs. 

Boats used in fishing on coasts of North and West Highlands oj 
Scotland not required to have licences.—Such boats smuggling , penalty. 
—From and after the passing of this act the owners of boats used in 
fishing on the coasts of the North and West Highlands of Scotland 


4:28 


SMUGGLING. 


shall not be required to obtain licences for navigating the same ; pro¬ 
vided that if such boats shall be employed in smuggling, the owners 
thereof shall be liable to a penalty equal to the value of such boat, over 
and above any other penalty to which the parties may be liable on 
account of such smuggling transaction. § 10. 

Foreign vessels having on board goods concealed 'in false bulk heads , 
Sfc. forfeited. —All foreign vessels or boats, not being square-rigged, 
coming to any port of the United Kingdom, having on board any goods 
liable to the payment of duties, or prohibited to be imported into the 
United Kingdom, concealed in false bulk heads, false bows, double sides 
or bottoms, or any secret or disguised place whatsoever in the construc¬ 
tion of the said vessel or boat for the purpose of concealing goods, shall 
be forfeited. § 11. 


2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Boats used in fishing on the coast of Ireland not required to have 
licences. —Whereas by an act (6 Geo. IV. c. 108. § 20. page 402.) inti¬ 
tuled “ An Act for the Prevention of Smuggling,” it is enacted, that 
all Boats belonging in the whole or in part to His Majesty’s Subjects 
found within certain Limits are forfeited, unless the Owners thereof 
have obtained a Licence for navigating the same from the Commis-- 
sioners of His Majesty’s Customs: And whereas it is expedient to 
dispense with such Licences for Boats used in fishing on the Coast of 
Ireland; be it therefore enacted,That the Owners of Boats solely used 
in fishing on the Coast of Ireland shall not be required to obtain 
Licences for navigating the same from the Commissioners of his Ma¬ 
jesty’s Customs under the Provisions of the said Act :—Provided always, 
that if such Boat shall be employed in smuggling the Owner or 
Owners thereof shall be liable to a Penalty equal to the Value of such 
Boat so employed in smuggling, over and above any other Penalty to 
which the Parties may be liable on account of such Smuggling 
Transaction. § 17. 

Persons procuring ethers to assemble for assisting in smuggling .— 
Any Person or Persons who shall by any Means procure or hire any 
Person or Persons, or who shall depute, authorize, or direct any Person 
or Persons to procure or hire any Person or Persons, to assemble for 
the Purpose of being concerned in the landing or unshipping or car¬ 
rying or conveying any Goods which are prohibited to be imported, or 
the Duties for which have not been paid or secured, shall for every 
Person so procured or hired forfeit the sum of One hundred Pounds. 
§ IB. 

Persons carrying , 8fc. Tea or Manufactured Silk to forfeit Treble 
the Value , and may be detained. —Every Person whatsoever who shall 
unship, or be aiding, assisting, or otherwise concerned in the unship¬ 
ping of any—Tea or Foreign Manufactured Silk of the Value of 
Twenty Pounds, —liable to Forfeiture under any Act relating to the 
Revenue of Customs or Excise,—or who shall carry, convey, or conceal, 
or be aiding, assisting, or concerned in the carrying, conveying G r 
concealing of such Tea or Silk—shall forfeit Treble the Value thereof 
(to be ascertained according to the Price which Goods of the like Sort 
and of the best Quality, and upon which the Duties have been paid, 
bear at the Port or Place where the Offence is committed;)—and 


SMUGGLING. 


429 


every such Person shall and may be detained by any Officer of His 
Majesty’s Army, Navy, or Marines, (being duly authorized and on 
full Pay,) or by any Officer of Customs or Excise, or by any other 
Person acting in his Aid or Assistance, or duly employed for the Pre¬ 
vention of smuggling, and taken before any Justice of* the Peace in the 
United Kingdom,—or before the Governor, Deputy Governor, or any 
One of the Deemsters in the Isle of Man ,—to be dealt with as is 
directed by the last-mentioned Act in the Case of Persons liable to 
be arrested and detained by virtue of that Act, or of any other Act 
amending the same:—Provided always, that it shall be lawful for such 
Person so detained lo give Security to Treble the Amount of the 
Goods seized, by Recognizance or otherwise, to the Satisfaction of 
such Justice of the Peace or Deemster, to appear at a Time and Place 
to be appointed;—and that no such Person shall be liable to serve His 
Majesty in His Naval Service. § 19. 

Fishing and Pilot Boats to be 'painted Black. —The Owner or 
Owners of every Vessel or Boat employed on the Coasts of the United 
Kingdom in piloting or fishing shall within Six Months from the Time 
of passing this Act paint every such Vessel or Boat, or cause the same 
to be painted or tarred, entirely Black, (except the Name or other 
Description now required by Law to be painted on such Vessel or 
Boat,) on pain of Forfeiture of such Vessel or Boat not so painted ;— 
provided always, that nothing herein contained shall extend to prevent 
any distinguishing Mark from being placed on the Bows of any such 
Vessel or Boat. 

Officers of Customs or Excise may stop Carts , Sfc. —It shall be 
lawful for any Officer of Customs or Excise, or other Person acting in 
his or their Aid and Assistance, or duly employed for the Prevention 
of smuggling, (upon reasonable Suspicion,) to stop and examine any 
Cart, Waggon, or other Means of Conveyance, for the Purpose of as¬ 
certaining whether any Smuggled Goods are contained therein ;—and 
if no such Goods shall be found, then the Officer so stopping and 
examining such Cart, &c. having had probable Cause to suspect that 
such Cart, &c. had Smuggled Goods contained therein, shall not, 
on account of such Stoppage and Search, be liable to any Prosecution 
or Action at Law on account thereof;—and all Persons driving or 
conducting such Cart, Waggon, or other Conveyance, refusing to stop 
when required so to do in the King’s Name, shall forfeit the sum of 
One hundred Pounds. § 21. 

Penalty imposed by Acts relating to the Revenue of Customs or for 
the Prevention of smuggling may be recovered in the Courts of King’s 
Bench and Common Pleas in Ireland. § 22. ( Seepage 417.) 

Courts of King’s Bench and Common Pleas in Ireland to have con¬ 
current Jurisdiction with the Court of Exchequer, in regard to Seizures 
of Goods, and Claims for Goods. Persons making a false Oath guilty 
of Perjury. §23. {See page 418.) 

Officers authorized by Writ of Assistance to search Houses for pro¬ 
hibited and uncustomed Goods. —It shall be lawful for any Officer of 
Customs, or Person acting under the Direction of the Commissioners 
of His Majesty’s Customs, having a Writ of Assistance under the 
Seal of His Majesty’s Court of Exchequer, to take a Constable, Head- 
borough, or other Public Officer inhabiting near to the Place, and, in 
the Day-time, to enter into and search any House, Shop, Cellar, 
Warehouse, Room, or other Place,—and in case of Resistance to break 
open Doors, Chests, Trunks, and other Packages, there to seize, and 



430 


SMUGGLING. 


from thence to bring, any uncustomed or prohibited Goods, and to put 
and secure the same in the Custom-house Warehouse in the Port next 
to the Place from whence such Goods shall be so taken as aforesaid :— 
Provided always, that for the Purposes of this Act any such Constable, 
Headborough, or other Public Officer, duly sworn as such, may act as 
well without the Limits of any Parish, Ville, or other Place for which 
he shall be so sworn, as within such Limits. § 24. 

Persons resisting Officers, or rescuing, or destroying Goods. —If any 
Person whatsoever shall hinder, molest, or obstruct any Officer of the 
Army, Navy, or Marines, (being duly authorized and on full Pay,) or 
any Officers of Customs or Excise, or any other Person acting in his 
or their Aid or Assistance, or duly employed for the Prevention of 
smuggling, in the Execution of his Duty, or in the due seizing of 
any Goods,—or shall rescue or cause to be rescued any Goods which 
shall have been duly seized,—or shall attempt or endeavour to do so,— 
or shall, before or at or after any Seizure, stave, break, or otherwise 
destroy any Goods, to prevent the Seizure thereof or the securing of 
the same,—then and in such Case the Parlies offending shall forfeit 
the Sum of One hundred Pounds. § 25. 

Persons offering Bribes. —Every Person who shall give or offer, or 
promise to give or procure to be given, any Bribe, Recompense, or 
Reward to, or shall make any collusive Agreement with, any Officer of 
Customs or Excise, or any Officer of the Army, Navy, or Marines, 
(duly authorized and on full Pay,) or any Person duly employed for 
the Prevention of smuggling, to induce him in any way to neglect his 
Duty,—or to do, conceal, or connive at any Act whereby any of the 
Provisions of any Act of Parliament relating to the Revenue of 
Customs may be evaded,—shall forfeit the Sum of Two hundred 
Pounds. § 26. 

Vessels, Boats, and Goods, seized and ordered to be prosecuted, 1 
deemed to be condemned, unless Notice given of Claim. —All Vessels, 
Boats, and Goods which shall be seized as forfeited under any Law i 
relating to the Revenue of Customs, and which shall be ordered to be 
prosecuted by the Commissioners of His Majesty’s Customs, shall be 
deemed and be taken to be condemned, and may be sold in the Manner 
directed by Law in respect to Vessels, Boats, and Goods seized and 
condemned for Breach of any Law relating to the Revenue of -Cus¬ 
toms,—unless the Person from whom such Vessels, Boats, and Goods 
shall have been seized, or the Owner of them, (or some Person autho¬ 
rized by him,) shall, within One Calendar Month from the Day of 
seizing the same, give Notice in Writing,—if in London, to the Per¬ 
son seizing the same, or to the Secretary or Solicitor for the Customs,— 
and if elsewhere, to the Person seizing the same, or to the Collector 
and Comptroller or other chief Officer of the Customs at the nearest 
Port,—that he claims the Vessels, Boats, or Goods, or intends to claim 
them. § 27. 

Persons convicted and not paying the Penalty , Justices may commit 
until Penalty paid. —Where any Person shall have been convicted 
before any Two Justices of the Peace in any Penalty under any act now 
passed or hereafter to be passed for the Prevention of smuggling, or 
relating to the Revenue of Customs,—or to Trade or Navigation,— 
and such Penalty shall not be paid, such Justices (or One of them, or 
some other Justice or Justices of the Peace) are hereby authorized 
and required, by Warrant under their Hand and Seal, to commit such 
Party to any of His Majesty’s Gaols within their or his Jurisdiction, 








SMUGGLING. *431 

. , . 

there to remain until the same shall be paid :—Provided always, that 
such Warrants shall and may be executed in any Part of the United 
Kingdom. § 28. 

Persons employed for the Prevention of smuggling to be deemed duly 
employed. —All Persons employed for the Prevention of smuggling 
under the Direction of the Commissioners of His Majesty’s Customs, 
or of any Officer in the Service of the Revenue of Customs, shall be 
deemed and taken to be duly employed for the Prevention of smuggling, 
and the Averment in any Information or Suit that such Party was so 
duly employed shall be sufficient Proof thereof,—unless the Defendant 
in such Information or Suit shall prove to the contrary. § 29. 

Restricted Goods to be deemed run Goods , for the Purpose of pro¬ 
ceeding for Forfeiture. —All Goods (the Importation of which is re¬ 
stricted, either on account of the Package or the Place from which the 
same shall be brought, or otherwise) which are of a Description ad¬ 
missible to Duty, and which shall be found and seized in the United 
Kingdom under any Law relating to the Customs or Excise, shall for 
the Purpose of proceeding for the Forfeiture of them,—or for any 
Penalty incurred in respect of them,—be described in any Information 
exhibited on account of such Forfeiture or Penalty as Goods liable to 
and unshipped without Payment of Duties. § 30. 

Persons in Gaol not appearing or pleading to the Information, Judg¬ 
ment may be entered by Default. § 31. 

Married Women may be committed to Prison. —Where any Party 
convicted before any Two Justices of the Peace of any Offence against 
any Act relating to the Revenue of Customs shall be a Married Woman, 
such Party shall be liable to be committed to Prison by such Justices 
notwithstanding her Coverture. § 32. 

* m * A Vessel which had been smuggling was condemned and sold ; 
she was afterwards put together, and it became a question whether she 
could then be registered. The Opinion of the Attorney and Solicitor- 
general (Sir John Scott and Sir John Mitford) was taken, and they 
decided that she could not. 29 April, 1793. 


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MANAGEMENT. 


431 


CHAPTER IV. 


MANAGEMENT OF THE CUSTOMS. 

As the following act contains clauses and provisions wholly uncon¬ 
nected with the business of the ship-master or merchant—such as 
“ the commissioners closing the accounts of collectors, and payment of 
monies into the Bank of England, &c.”—only such parts will be given 
as are deemed useful or important to be generally known. 

6 Geo. IV. c. 106 

An Act for the Management of the Customs. 

After reciting that by 6 Geo. IV. c. 105, “ An Act to repeal the 
several Laws relating to the Customs,” all the laws relating to the 
customs will be repealed; it is enacted, that after the 5 January, 1826, 
this act shall come into and be and continue in full force and operation 
for the management of the customs. § 1. 

Board of customs. —It shall be lawful for his Majesty from time to 
time to appoint, under the great seal of the United Kingdom, any 
number of persons, not exceeding thirteen, to be commissioners of 
customs for the collection and for the management of the customs in 
and throughout the whole of the United Kingdom, and of any of his 
Majesty’s possessions abroad; and also to appoint any number of per¬ 
sons, not exceeding four, to be assistant commissioners in and for Scot¬ 
land and Ireland ; and each of such commissioners and assistant com¬ 
missioners shall hold his office during his Majesty’s pleasure. § 2. 

Treasury may appoint one commissioner and two assistant commis¬ 
sioners to act for Scotland and Ireland. —It shall be lawful for the lord 
high treasurer, or for the commissioners of his Majesty’s treasury of the 
United Kingdom, to direct any one of such commissioners, together 
with two such assistant commissioners, to sit and act as commissioners 
of customs in Scotland and Ireland, under the control of the commis¬ 
sioners of customs acting in England. § 3. 

Commissioners and assistant commissioners subject to the control of 
the treasury. —The said commissioners and assistant commissioners 
shall, in all things, be subject to the control of the commissioners of the 
treasury, and shall obey such instructions as shall be issued to them by 
the treasury. § 4. 

Orders to be under the hands of two commissioners; if for money , 
under three hands. —Every order, document, instrument, or writing, 
(not being for the payment of money,) required by law to be under the 
hands of the commissioners of customs, being attested by the signatures 
of two of such commissioners in England, —and every such order for 
the payment of money, being attested by the signatures of three of such 
commissioners in England ,—and every order being attested by the sig¬ 
natures of two of such commissioners or assistant commissioners in 



432 MANAGEMENT. 

Scotland and Ireland ,—shall be deemed to be an order under the hands 
of the commissioners of customs. §5.* 

Previous appointments to remain in force. —Any appointment of 
commissioners, or of assistant commissioners, in force at the commence¬ 
ment of this act, shall continue in force. § 6. 

Appointment of necessary officers of customs. —It shall be lawful for 
the said commissioners of the treasury, or for the commissioners of 
customs, (under the authority of the treasury,) to appoint proper per¬ 
sons to execute the duties of the several offices necessary to the due 
management and collection of the customs, and all matters connected 
therewith, under the control of the commissioners of customs ;—grant¬ 
ing to such persons such salaries or allowances, or permitting such 
emoluments for the labour and responsibility in executing the duties of 
their offices, and requiring of such persons such securities for their good 
conduct, as the said commissioners of the treasury shall deem reason¬ 
able ;—and such persons shall hold their offices during the will and 
pleasure of the said commissioners of the treasury, or commissioners of 
customs sitting in England, as the commissioners of the treasury shall * 
direct. § 7. 

Persons employed deemed officers, —Every person employed on any 
duty or service relating to the customs, by the orders or with the con¬ 
currence of the commissioners of customs, (whether previously or sub¬ 
sequently expressed,) shall be deemed to be the officer of customs for 
that duty or service. § 8.+ 

Officers taking any fee or reward not allowed , to be dismissed. —If 
any officer, clerk, or other person, acting in any office or employment in 
the customs, under the control of the commissioners of customs in any 
part of his Majesty’s dominions, shall receive any fee, perquisite, gra¬ 
tuity, or reward, whether pecuniary or of any other sort whatever, 
directly or indirectly, from any person, (not being a person duly ap¬ 
pointed to some office in the customs,) on account of any thing done or 
to be done by him, except such as lie shall receive under any order or 
permission of the commissioners of the treasury, every such officer shall, 
on proof thereof to the commissioners of customs, be dismissed from his 
office; and if any person (not appointed to some office in the customs) 
shall give, offer, or promise to give any such fee, perquisite, gratuity, 
or reward, such person shall forfeit one hundred pounds. § 9. 

Previous appointments and securities to remain in force. —All com¬ 
missions, deputations, and appointments, granted to any officers of 
customs, in force at the commencement of this act, shall continue in 
force ;—and all Bonds which shall have been given by any such officers, 
and their sureties for good conduct, shall remain in full force. § 10. 

Oath of office. —Every person who shall be appointed to any office 
in the service of the customs, under the control of the commissioners of 
customs, in any part of his Majesty’s dominions, shall, at their respective 
admissions thereto, take the following oath : § 11. 

“ I, A. B., do swear to be true and faithful in the execution, to the 
best of my knowledge and power, of the trust committed to my charge 
and inspection in the service of his Majesty’s customs ; and that I will 
not require, take, or receive any fee, perquisite, gratuity, or reward, 
whether pecuniary or of any sort or description whatever, either directly 
or indirectly, for any service, act, duty, matter, or thing done or per¬ 
formed, or to be done or performed, in the execution or discharge of 


* But see 7 Geo. IV. c. 48. § 2. page 435. 


f Ibid §3. 




MANAGEMENT. 


433 


any of the duties of my office or employment, on any account whatever, 
other than my salary, and what is or shall be allowed me by law, or by 
any special order of the commissioners of his Majesty’s treasury, or the 
commissioners of his Majesty’s customs for the time being. So help 
me God.”* 

Hours of attendance , and division of service in those hours. —It shall 
be lawful for the commissioners of the treasury by their warrant, to 
appoint the hours of general attendance of the commissioners and 
officers of customs, at their proper.offices ; and it shall be lawful for the 
commissioners of customs to appoint the times, during such hours, at 
which any particular parts of the duties of such offices shall be per¬ 
formed by them. § 12. 

Holidays. +—No day shall be kept as a public holiday by the customs, 
except Christmas-day and Good Friday, and any days appointed by his 
Majesty’s proclamation for the purpose of a general fast or of a general 
thanksgiving, and also the anniversaries of the birthday of his Majesty. 
§ 13. 

In London , debentures and orders to be paid by receiver-general , and 
in the out-ports by the collector. —Every sum which shall be due in the 
port of London, upon any debenture, certificate, or other instrument, for 
the payment of money out of the duties of customs, shall be paid by the 
receiver-general of customs out of any money in his hands, and every 
such payment shall be allowed by the commissioners for auditing the 
public accounts, in the auditing of the accounts of the receiver-general;— 
and when any such payment shall become due at any other port in the 
United Kingdom, the same may be paid by the collector at such port, 
(the comptroller being apprized thereof,) out of any of the monies in his 
hands, and under such directions for the due execution of their offices, 
as shall be given to them by the commissioners of customs. § 15. 

Fee for passing entries. —It shall be lawful for the receiver of any 
duties of customs to receive for his own use, if freely given, so much 
as, added to any fractions payable upon any entry, shall amount to six¬ 
pence. § 17. t 

Payment on account of drawbacks or bounties , Sfc. to be paid under 
direction of the commissioners of customs by drafts countersigned by 
supervisor. —And in order that the several payments directed by order 
of the commissioners of customs in England to be made by the re¬ 
ceiver-general to merchants or other persons on account of drawbacks 
or bounties, or any other account, may be made without delay, and for 
the payment of which the money then in the hands of the receiver- 
general shall be insufficient, it shall be lawful for the receiver-general, or 
his clerk, to draw out of the bank of England, as occasion may require, 
such sum or sums as may be sufficient to answer the purpose aforesaid , 
and every draft or order for any of the said purposes shall be counter¬ 
signed by the comptroller-general or his clerk; and the said receiver- 
general shall from time to time account for the monies so to be drawn 
by him or his clerk. § 23. 

Punishing forgery. —If any person shall knowingly and wilfully forge 
or counterfeit,—or cause or procure to be forged or counterfeited,—or 
knowingly or wilfully act or assist in forging or counterfeiting,—the 
name or hand-writing of any receiver-general of the customs, or of 
any comptroller-general, or of any person acting for them respectively 


* See 1 and 2 Wm. IV. c. 4. § 2. page 436. 

f But see 2 and 3 Wm. IV. c. 84. § J. page 440. + 1 and 2 Wm. IV. c. 40. page 438. 

2 F 



431 MANAGEMENT. 

as aforesaid, to any draft, instrument, or writing whatsoever, for or in 
order to the receiving or obtaining any of the money in the hands or 
custody of the governor and company ot the bank of England, on ac¬ 
count of the receiver-general;—or shall forge and counterfeit, or cause 
or procure to be forged or counterfeited, or knowingly and wilfully act 
or assist in the forging or counterfeiting any draft, instrument, or 
writing in form of a draft made by. such receiver-general or person as 
aforesaid ; or shall utter or publish any such, knowing the same to be 
forged or counterfeited, with an intention to defraud any person whom¬ 
soever; every such person so offending shall be guilty of felony, and 
shall suffer death, as in cases of felony, without benefit of clergy. § 27. 

Oaths may be made before collectors of the customs. —In all cases 
wherein proof on oath shall be required by law, or shall be necessary 
for the satisfaction of the commissioners of customs, the same may be 
made before the collector or comptroller, at the port where such proof 
shall be required. § 28.* 

Offer of bribe to officers. —If any person shall give or offer, or pro¬ 
mise to give any bribe, recompense, or reward to any officer of customs, 
or any person employed under the direction of the commissioners, to 
induce him to neglect his duty, or to do, conceal, or connive at any act 
whereby any of the provisions of any act of parliament may be evaded, 
every such person shall, whether the offer be accepted or not, forfeit Jive 
hundred pounds. § 29. 

Goods and vessels to be seized by officers. —All goods, and all ships, 
vessels, and boats, which by any act shall be declared to be forfeited, 
may be seized by any officer of customs. § 30. 

Survey ors-general, Sfc. may examine on oath. —Upon examinations 
and inquiries made by any surveyor-general, or any inspector-general, 
for ascertaining the truth of facts relative to the customs,—or the con¬ 
duct of officers or persons employed therein,—and upon the like ex¬ 
aminations and inquiries made by the collector and comptroller of any 
outport in the United Kingdom,—or of any port in the Isle of Man,— 
or made by any person in any of the British possessions abroad, ap¬ 
pointed by the commissioners of customs to make such examinations 
and inquiries,—any person examined as a witness shall deliver his 
testimony on oath ; and if such person shall be convicted of making a 
false oath, or of giving false evidence, every such person so convicted 
shall be deemed guilty of perjury, and shall be liable to the pains and 
penalties to which persons are liable for wilful and corrupt perjury. § 31. 

Jurisdiction within the district of Dublin. —This and the following 
sections repealed by 10 Geo. IV. c. 43. See page 43fi. 

Appeal. —And it shall be lawful for any persons, whether informer, 
claimant, or defendant, who shall think himself aggrieved by any judg¬ 
ment or sentence of the said commissioners and assistant commissioners, 
or any sub-commissioners, to make his appeal to the lord-lieutenant or 
chief-governor or governors of Ireland, or to commissioners of appeal 
to be appointed by such lord-lieutenant or chief-governor. § 34. 

Orders of the treasury. —Every order, document, instrument, or 
writings relating to the customs,—or to the law of navigation,—required 
to be under the hands of the commissioners of the treasury, being 
signed by three of such commissioners, shall be deemed to be an order, 
document, instrument, or writing under the hands of the commission¬ 
ers of the treasury. § 53. 


* See 1 and 2 Wm. IV. c. 4. § 3. page 436. 




MANAGEMENT. 


435 


7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Orders of commissioners. —After referring to the 6 Geo. IV. c. 106. 
it is enacted, that every order, document, instrument, or writing re¬ 
quired by any law, at any time in force, to be under the hands and seals 
of the commissioners of his Majesty’s customs, which shall be signed by 
two or more commissioners or assistant commissioners of the customs, 
shall be deemed to be an order, document, instrument, or writing, 
under the hands and seals of the commissioners of his Majesty’s cus¬ 
toms, within the meaning of such law. § 2. 

Duties of officers performed by persons , and at places appointed by 
commissioners. —Every act, matter, or thing required by any law, at 
any time in force, to be done or performed by, to, or with any particu¬ 
lar officer, nominated in such law for such purpose, being done or per¬ 
formed by, to, or with any person appointed by the commissioners of 
his Majesty’s customs to act for or in behalf of such particular officer, 
the same shall be deemed to be done or performed by, to, or with such 
particular officer; and every act, matter, or thing required by any law, 
at any time in force, to be done or performed at any particular place 
within any port, being done or performed at any place within such port 
appointed by the commissioners of his Majesty’s customs for such pur¬ 
pose, the same shall be deemed to be done or performed at the particular 
place so required by law. § 3. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Officers of customs not liable to serve corporate or parochial offices , 
$ c —No commissioner or assistant commissioner of customs, nor any 
officer of customs, or person employed in the collection or management 
of, or accounting for the revenue of customs, or any part thereof, nor 
any clerk or other person acting under them, shall be compelled to 
serve as a mayor or sheriff, or in any corporate or parochial or other 
public office or employment, or to serve on any jury or inquest, or in 
the militia. § 2. 


10 Geo. IV. c. 43. 

An Act to amend the Laws relating to the Customs. 

Dublin. —So much of the 6 Geo. IV. c. 106. § 32 and 33.—the 6 
Geo. IV. c. 108. § 73.—and the 6 Geo. IV. c. 117.* as relates to the 
jurisdiction and powers for recovering penalties under the customs’ laws 
in Ireland , are repealed. § 1. 

Penalties , Sfc. for offences against customs’ law in Ireland.—Recovery 
of. —All fines, penalties, or forfeitures, imposed by any act relating to 
the revenue of customs, or for the prevention of smuggling, now in 


* This is an excise glass act. 
2 f2 





436 


MANAGEMENT. 

force or hereafter to be made, for any offence which at any time after 
the commencement of this act shall be committed in Ireland , shall be 
sued for, prosecuted, and recovered, in the name of his Majesty’s attor¬ 
ney-general for Ireland, or in the name of some officer of his Majesty s 
customs, by action of debt, bill, plaint, or information, in the Court of 
Exchequer in Dublin, or by information before any two or more of his 
Majesty’s justices of the peace in Ireland ;—and all powers and pro¬ 
visions in the said recited acts or any of them, or in any other act re¬ 
lating to the recovery and application of any such fines, penalties, or 
forfeitures shall extend, and shall be deemed, taken, and construed to 
extend, to the recovery of any fines, penalties, and forfeitures in the said 
Court of Exchequer, or before any justice of the peace, in pursuance of 
this act, and to the application thereof. § 3. 

1 and 2 Wm. IV. c. 4. 

An Act to abolish certain Oaths and Affirmations taken and made in 
the Customs and Excise Departments of his Majesty's Revenue , and 
to substitute Declarations in lieu thereof. 

Whereas by the laws relating to the revenues of customs and excise 
numerous oaths and solemn affirmations are required to be taken and 
made by traders and other persons ; and from the frequent occasions on 
which such oaths and affirmations are required, and the consequent 
number thereof administered, the reverence and respect which should 
attach to such solemn obligations have been weakened, and their bind¬ 
ing force not duly regarded ; and it is therefore expedient to provide 
for diminishing the number of such oaths, and to substitute other regu¬ 
lations in lieu thereof; be it therefore enacted, &c.— 

Oaths in certain cases abolished. —That in all cases where, by any 
act or acts relating to the revenues of customs or excise, any oath, 
solemn affirmation, or affidavit shall be required to be taken or made 
by any person on the doing of any act, matter, or thing,—or for verify¬ 
ing any book, account, entry, or return,—or for any other purpose 
whatsoever,—such oath, solemn affirmation, or affidavit shall no longer 
(except in the cases hereinafter specially provided for) be taken, made, 
or required, but in lieu thereof the person shall, in the presence of the 
commissioners, collector, or other person empowered by such act or acts 
of parliament to administer such oath, &c. make and subscribe a declara¬ 
tion, setting forth the matters contained, in and to the same effect as 
the oath, &c. which would have been required if this act had not been 
passed, and declaring to the truth thereof;—and if any such declaration 
shall be untrue in any particular, the person making the same shall 
(over and above every other penalty to which such person may become 
subject) forfeit one hundred pounds. § 1. 

Exceptions. —Nothing herein contained shall extend to any oath re¬ 
quired to be taken on account of any office relating to the revenue of 
customs,—or for the discharge thereof,—nor to any oath administered 
upon any examination or inquiry made by any surveyor-general, or 
inspector-general of customs,—or by any collector or comptroller of the 
customs, for ascertaining the truth of facts relative to the customs, or 
the conduct of persons or officers employed therein,—or by any person 
or persons in any of the British possessions abroad, appointed by the 
commissioners of his Majesty’s customs to make such examinations or 
inquiry. § 2. 


MANAGEMENT. 


437 


Commissio7iers of customs may require a written declaration .— 
Whereas it is expedient that in all cases where the commissioners of the 
customs may deem it requisite to require confirmation of any written 
statement or allegation made to them relative to the seizure of goods,— 
or of any other matter relating to their department,—such confirmation 
should, instead of being required to be made upon oath, be made by a 
declaration of the parties in writing; it is enacted, that in such cases 
no affidavit or oath shall be required, but that in lieu thereof the party 
shall make and subscribe a written declaration of the truth of the state¬ 
ment or allegation ;—and if any such declaration made by any such 
person shall be false or untrue in any particular, the person making 
such false declaration shall forfeit one hundred pounds. § 3. 

Certain oaths relating to the excise excepted. —Provided always, and 
be it further enacted, that nothing in this act contained shall extend to 
abolish or in any manner to interfere with the oath of allegiance and of 
office required to be taken by every person who shall be appointed a 
commissioner, or who shall be appointed to any other office relating to 
the revenue of excise,—or the affidavit of any facts showing that any 
duty or duties are in danger of being lost, in order to the issuing of a 
warrant by the collector of excise for recovery of such duties in Scotland 
or Ireland respectively ;—or the oath required to be made by any officer 
of excise, setting forth the ground of his suspicion of goods forfeited 
under any act or acts relating to the revenue of excise being deposited 
or concealed in any place, in order to obtaining a warrant for entering 
such place and seizing such goods ;—or any oath required by any act 
to be made by any person on claiming or receiving any pension or allow¬ 
ance ;—or the oath required to be made by every exporter of goods, 
before receiving any drawback from the revenue of excise, that he is 
the real owner of the goods exported, and that the goods are really and 
bond fide exported to foreign parts, and have not been relanded ;—or 
the oaths, by an act passed in the twenty-third year of the reign of his 
Majesty King George the Third, for the more effectual encouragement 
of the manufacture of flax and cotton in Great Britain, and by another 
act passed in the third year of the reign of his Majesty King George the 
Fourth, for continuing the said act, and to amend the law in respect of 
the allowances of excise duties on starch and soap used in certain manu¬ 
factures, required to be made by every person claiming allowances of 
the duties on starch and soap used in manufactures ;—or the oaths re¬ 
quired to be made for obtaining the allowance of the duties of excise on 
paper used in printing certain books in the universities or by the King's 
printer;—or the oaths required to be made for obtaining the allowance 
of the duties of excise on materials used in building churches ;—or any 
oath administered to any person in any judicial proceeding in any court 
of justice, or before the commissioners of excise or justices of the peace, 
for recovery of any penalty or forfeiture, or obtaining any abatement, 
return, or allowance of duties ; but all such oaths shall continue to be 
required, and to be made, taken, and administered, as if this act had 
not been passed. § 4. 

Commissioners of excise may require accounts on oath. —It shall be 
lawful for the commissioners of excise to require any collector or other 
officer of excise to verify by oath any account or return rendered by such 
collector or other officer of excise, of any monies received or paid or ex¬ 
pended or claimed by him ;—and in case of any seizure of any goods or 
detection of any offence, the said commissioners may, on restoring such 
seizure or in forbearing to prosecute for such offence, or on staying any 


438 MANAGEMENT. 

proceedings commenced for the recovery of any penalty or forfeiture, 
require any facts showing that no fraud has been committed or intended 
to be verified on the oath or affirmation of any person, (such oaths or 
affirmations respectively to be administered and received by any one of 
the said commissioners, or by any justice of the peace,) and every col¬ 
lector and other officer, and every other person, making or taking any 
such oath or affirmation, who shall wilfully and knowingly swear or 
affirm falsely to any matter or thing therein, being duly convicted 
thereof, shall incur the pains and penalty to which persons are liable 
for wilful and corrupt perjury. § 5. 

Recovery of penalties .—The penalties by this act imposed shall be 
sued for and recovered in the same manner and under the same pro¬ 
visions as any penalty imposed by any acts relating to the revenues of 
customs or excise respectively may by law be sued for and recovered. 
§ 6 . 


1 and 2 Wm. IV. c. 40. 

An Act to repeal so much of an Act for the Management of the Customs 
as allows certain Fees to be taken by Officers of the Customs; and to 
make further Regulations in respect thereof 

Whereas by an act of the sixth year of the reign of his late Majesty 
King George the Fourth, intituled “ An Act for the Management of 
the Customs,” it is enacted, that it shall be lawful for the officers and 
clerks in the long room of any custom-house to assist merchants and 
others, at their desire, in framing and passing entries inwards and out¬ 
wards, and to receive such fee, freely given for the same, as the com¬ 
missioners of his Majesty’s treasury shall permit ; and that it shall be 
lawful for the clerk of the warrants in the port of London to receive, 
from any person at whose request any warrant for goods inwards may 
be dispatched before the usual time, the fee of one shilling, and for the 
receiver of the duties on such warrant to receive from such person the 
fee of sixpence ; and that it shall be lawful for any cocket writer in the 
port of London to receive, from the person who shall select him to write 
any cocket for goods outwards, any fee which shall be agreed on be¬ 
tween them, not exceeding five shillings, including the parchment, to 
be provided at the expence of the cocket writer: and whereas it is ex¬ 
pedient to repeal the same; be it therefore enacted, that from and after 
the 19 November, 1831, so much of the said recited act as is herein¬ 
before set out shall be and the same is hereby repealed. § 1. 

Fees allowed on passing entries .—From and after the said 19 Novem¬ 
ber, it shall be lawful for the commissioners of his Majesty’s customs 
to authorize the proper officers to demand, on passing of every entry, 
the sum of one shilling; and upon the issuing of any cocket, if such 
cocket be 

s. d. 

For British goods, the sum of. 1 6 

Or if such cocket be for Foreign goods,—or for 1 

Foreign Wines and Spirits contained in glass, the sum ofj 

And that the officers of his Majesty’s customs shall be authorized to 
refuse to pass any such entry, or to grant any such cocket, until such 
charges shall be paid :—Provided always, that all such charges shall be 
carried and applied towards any superannuation fund for the officers of 



439 


MANAGEMENT. 

the customs, or applied, reduced, or abolished, as the commissioners of 
his Majesty’s treasury may from time to time, by warrant under their 
hands, or the hands of any two or more of them, be pleased to direct. 
§ 2 . 

6 Geo. IV. c. 41. 

An Act to repeal the Stamp Duties payable in Great Britain and Ire¬ 
land upon the Transfer of Property in Ships and Vessels, and upon 
Bonds and Debentures required to be given in relation to the Duties , 
Drawbacks, and Bounties of Customs or Excise; and to grant other 
Duties of Stamps on such Bonds and Debentures. 

Whereas it is expedient to repeal the several stamp duties now pay¬ 
able in Great Britain and Ireland respectively, upon conveyances, so far 
as relates to any conveyance, assignment, or transfer of property of or 
in any ship or vessel:—and also to reduce the stamp duties payable 
upon bonds given for or in respect of any of the duties of customs or 
excise,—or for preventing frauds or evasions thereof,-—or for any other 
matter or thing relating thereto in Great Britain or Ireland respectively, 
—or payable upon debentures or certificates for entitling any person to 
receive any drawback or bounty payable out of the revenue of customs 
or excise;—be it therefore enacted, that all stamp duties now payable 
in Great Britain and Ireland respectively, upon any bill of sale, or any 
conveyance, assignment, or other deed or instrument whatever, for the 
sale, transfer, or other disposition, (either absolutely or by way of mort¬ 
gage or otherwise,) of any ship or vessel, or any part, interest, share, 
or property of or in any ship or vessel, shall wholly cease, determine, 
and be no longer paid or payable. § 1. 

Stamp duties oji bonds, and on debentures or certificates for receiving 
drawbacks or bounties , to cease , and new ones to be paid. —All stamp 
duties now payable in Great Britain and Ireland respectively, upon any 
bond given pursuant to the directions of any act of parliament, or by 
the direction of the commissioners of customs or excise, or any of their 
offices, for or in respect of any of the duties of customs or excise, or for 
preventing frauds or evasions thereof, or for any other matter or thing 
relating thereto, and also all stamp duties now payable in Great Britain 
and Ireland respectively, upon debentures or certificates for entitling 
any person to receive any drawback of any duty or duties, or part of 
any duty or duties of customs or excise, or any bounty payable out of 
the revenue of customs or excise for or in respect of any goods, wares, 
or merchandise exported, or shipped to be exported, from Great Britain 
or Ireland respectively to any part beyond the seas, shall respectively 
cease and determine, and be no longer paid and payable; and that in 
lieu thereof there shall be raised, levied, collected, and paid, unto and 
for the use of his Majesty, his heirs and successors, throughout the 
United Kingdom of Great Britain and Ireland, the stamp duties follow¬ 
ing; that is to say, for and upon every bond given pursuant to the 
directions of any act of parliament,—or by the direction of the commis¬ 
sioners of customs or excise, or any of their officers, for or in respect of 
any of the duties of customs or excise,—or for preventing frauds or 
evasions thereof,—or for any other matter or thing relating thereto, 
(except bonds and other securities exempted from stamp duty by any 
act in force for the encouragement of the British fisheries,—or relating 
to the exportation of tobacco from his Majesty’s warehouses,—and ex 


410 


MANAGEMENT 


cept coast bonds, or bonds relative to the carrying of goods and mer¬ 
chandise coastwise, given pursuant to any act in force for the relief of 
the coast trade of Great Britain and Ireland,—or pursuant to the direc¬ 
tions of any proclamation or order in council by his Majesty, his heirs 
and successors,) the sum of five shillings; for and upon every deben¬ 
ture or certificate for entitling any person to receive any drawback of 
any duty, or part of any duty of customs or excise,—or any bounty 
payable out of the revenue of customs or excise,—for or in respect of 
any goods, wares, or merchandise exported, or shipped to be exported, 
from Great Britain or Ireland respectively, to any parts beyond the 
seas,—the sum o [five shillings. § 2. 

Duties to be under the management of the commissioners of stamps. 
§3. 

Penalty on agents including in the same bond goods belonging to 
more persons than one , not being partners , fyc. —If any agent or other 
person who shall be required by any act of parliament, or by the direc¬ 
tion of the commissioners of customs or excise, or any of their officers, 
to give or enter into any bond for or in respect of any duties of customs 
oi excise, or for preventing frauds or evasions thereof, or for any matter 
or thing relating thereto, shall include in one and the same bond any 
goods or things bond fide belonging to more persons than one, not 
being copartners, or joint tenants, or tenants in common, every such 
agent or other person shall for every such offence forfeit and pay the 
sum of fifty pounds. § 4. 

Powers of former acts relating to stamps to extend to this act. § 5. 

2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Holidays. —Whereas by the 6 Geo. IV. c. 106. certain regulations 
are made respecting the days to be kept as holidays, and it is expedient 
to amend the same; be it therefore enacted, that no day shall be kept 
as a public holiday by the officers of customs, except Christmas-day 
and Good Friday in every year,—and any days appointed by his Majesty’s 
proclamation for the purpose of a general fast or of a general thanks¬ 
giving,—and also, so far as regards Scotland, any days appointed for 
such purposes by authority of the General Assembly,—and also such days 
as shall have been appointed for the celebration of the birthdays of their 
Majesties and of their successors;—and that such days shall be kept as 
public holidays by the officers and servants of all the dock companies 
in the United Kingdom. § 2. 


REGULATION. 


411 


CHAPTER V. 


GENERAL REGULATION OF THE CUSTOMS. 

%* In the following and other acts relating to the Customs, Oaths 
are in a great number of instances required to be made, but by the 
1 and 2 Wm. IV. c. 4. Declarations are substituted in lieu thereof, 
—except in certain cases, for which see the act, page 436. 


6 Geo. IV. c. 107. 

An Act for the General Regulation of the Customs. 

W,hereas an act was passed in the present session of parliament, in¬ 
tituled “ An Act to repeal the several Laws relating to the Customs,” 
in which it is declared, that the laws of the customs have become intri¬ 
cate, by reason of the great number of acts relating thereto which have 
been passed through a long series of years; and it is therefore highly 
expedient, for the interests of commerce and the ends of justice, and 
also for affording convenience and facility to all persons who may be 
subject to the operation of those laws, or who may be authorized to act 
in the execution thereof, that all the statutes now in force relating to 
the customs should be repealed, and that the purposes for which they 
have, from time to time, been made, should be secured by new enact¬ 
ments, exhibiting more perspicuously and compendiously the various 
provisions contained in them : and whereas, by the said act, all the laws 
relating to the customs will be repealed ; and it is expedient to make 
provisions for regulating the customs after such repeal shall have effect: 
be it therefore enacted by the King’s most excellent Majesty, by and 
with the advice and consent of the lords spiritual and temporal, and 
commons, in this present parliament assembled, and by the authority of 
the same, that from and after the 5 January, 1826, this act shall come 
into and be and continue in full force and operation, for the general 
regulation of the customs of the United Kingdom and of the Isle of 
Man. § 1. 

Whereas it is expedient that the officers of customs should have full 
cognizance of all ships coming into any port in the United Kingdom, 
or in the Isle of Man , or approaching the coasts thereof, and of all 
goods on board, or which may have been on board such ships, and 
also of all goods unladen from any ship in any port or place in the 
United Kingdom or in the Isle of Man ; be it therefore enacted, that— 

Goods not to be landed or bulk broken before report and entry .— 
No goods shall be unladen from any ship arriving from parts beyond 
the seas, at any port or place in the United Kingdom, or in the Isle of 
Man ,—nor shall bulk be broken after the arrival of such ship within four 
leagues of the coasts thereof respectively, before due report of such 
ship,—and due entry* of such goods shall have been made, and warrant 


* See § 23. 




44 2 


REGULATION— Inwards —MANIFEST. 

granted in manner hereinafter directed ;—and that no goods shall be so 
unladen except at such times and places, and in such manner, and 
by such persons, and under the care of such officers as is and are here¬ 
inafter directed ;—and that all goods not duly reported, or which shall 
be unladen contrary hereto, shall be forfeited;* —and if bulk be broken 
contrary hereto, the master of such ship shall forfeit the sum of one 
hundred pounds; —and if after the arrival of any ship within four 
leagues of the coast of the United Kingdom, or of the Isle of Man, 
any alteration be made in the stowage of the cargo of such ship, so as 
to facilitate the unlading of any part of such cargo,—or if any part be 
staved, destroyed, or thrown overboard, or any package be opened, such 
ship shall be deemed to have broken bulk:—provided always, that the 
several articles hereinafter enumerated may be landed in the United 
Kingdom without report, entry, or warrant;—(that is to say,) diamonds 
and bullion,! fresh fish, British taken and imported in British ships, 
turbots and lobsters fresh, however taken or imported. § 2. 

All British ships, and all ships with tobacco , to have manifests .—No 
goods shall be imported into the United Kingdom, or into the Isle of 
Man, from parts beyond the seas, in any British ship,—nor any tobacco 
in any ship,—unless the master shall have on board a manifest of 
such goods, or of such tobacco, made out and dated and signed by 
him at the place or respective places where the same or the different 
parts of the same was or were taken on board, and authenticated in 
the manner hereinafter provided ;—and every such manifest shall set 
forth the name and the tonnage of the ship, the name of the master, 
and of the place to which the ship belongs, and of the place or places 
where the goods were taken on board respectively, and of the place 
or places for which they are destined respectively;—and shall contain 
a particular account and description of all the packages on board, 
with the marks and numbers thereon, and the sorts of goods and 
different kinds of each sort contained therein, to the best of the master’s 
knowledge, and of the particulars of such goods as are stowed loose ;— 
and the names of the respective shippers and consignees, as far as the 
same can be known to the master;—and to such particular account 
shall be subjoined a general account or recapitulation of the total num¬ 
ber of the packages of each sort, describing the same by their usual 
names, or by such descriptions as the same can best be known by, and 
the different goods therein, and also the total quantities of the different 
goods stowed loose :—Provided always, that every manifest for tobacco 
shall be a separate manifest, distinct from any manifest for any other 
goods,—and shall, without fail, contain the particular weight of tobacco 
in each hogshead, cask, chest, or case, with the tare of the same ;—and 
if such tobacco be the produce of the dominions of the Grand Signior , 
then the number of the parcels or bundles within any such hogshead, 
cask, chest, or case, shall be stated in such manifest. § 3. 

To be produced to officers in colonies, Sfc. —Before any ship shall be 
cleared out or depart from any place in any of the British possessions 
abroad,—or from any place in China, —with any goods for the United 
Kingdom or for the Isle of Man,— the master of such ship shall pro¬ 
duce the manifest to the collector or comptroller of the customs, or 
other proper officer, who shall certify upon the same the date of the 
production thereof to him :—Provided alw ays, that' in all places within 

* See also 6 Geo. IV. c. 108. § 32. Smuggling. 

j Bullion not .to be brought on shore without the presence of the proprietors or con¬ 
signee, or some person ou his behalf.—Customs’ Minute, 28 Feb. 1823. 




443 


REGULATION— Inwards —REPORT. 

the territorial possessions of the East India company, the servant of 
the said company by whom the last despatches of such ship shall be 
delivered, shall be the proper officer to authenticate the manifest as 
aforesaid,—and in all places in China the chief supercargo of the said 
company shall be the proper officer for such purpose. § 4. 

To be produced to consuls. —Before the departure of any ship from 
any place beyond the seas, not under the British dominions, where any 
tobacco has been taken on board such ship for the United Kingdom or 
for the Isle of Man, —the master of such ship shall produce the manifest 
of such tobacco to the British consul or other chief British officer, if 
there be any such resident at or near such place ;—and such consul or 
other officer shall certify upon the same the date of the production 
thereof to him, § 5. 

If waiitmg, master to forfeit <s£l00.—If any goods shall be imported 
into the United Kingdom or into the Isle of Man , in any British ship, 
—or any tobacco in any ship,—without such manifest,—or if any goods 
contained in such manifest be not on board,—the master of such ship 
shall forfeit the sum of one hundred pounds. § 6. 

Manifest to be produced within four leagues ; and copies delivered to 
officers. —The master of every ship required to have a manifest on 
board shall produce such manifest to any officer of the customs who 
shall come on board his ship, after her arrival within four leagues of 
the coast of the United Kingdom, or of the coast of the Isle of Man, 
and who shall demand the same, for his inspection ;—and such master 
shall also deliver to any such officer, who shall be the first to demand 
it, a true copy of such manifest signed by the master;—and shall also 
deliver another copy to any other officer of the customs, who shall be the 
first to demand the same within the limits of the port to which such 
ship is bound ;—and thereupon such officers respectively shall notify 
on such manifest and on such copies the date of the production of such 
manifest and of the receipt of such copies,—and shall transmit such 
copies to the collector and comptroller of the port, to which such vessel is 
first bound, and shall return such manifest to the master;—and if such 
master shall not in any case produce such manifest, or deliver such 
copy, he shall forfeit the sum of one hundred pounds. § 7. 

Master , within twenty four hours, and before breaking bulk , shall re¬ 
port* —The master of every ship arriving from parts beyond the seas at 
any port in the United Kingdom or in the Isle of Man, —whether laden 
or in ballast,—shall, within tw r enty-tour hours after such arrival, and 
before bulk be broken,—make due report of such ship, upon oath, 
before the collector or comptroller of such port;—and such report shall 
contain an account of the particular marks, numbers, and contents of all 
the different packages or parcels of the goods on board such ship, and 
the particulars of such goods as are stowed loose, to the best of his 
knowledge,—and of the place or places where such goods were re¬ 
spectively taken on board,—and of the burthen of such ship, and of the 
country where such ship was built, or, if British, of the port of registry, 
—and of the country of the people to whom such ship belongs,—and of 
the name and country of the person who was master during the voyage, 
and of the number of the people by whom such ship was navigated, 
stating how many are subjects of the country to which such ship belongs, 
and how many are of some other country ;—and in such report it shall 
be further declared, whether and in what cases such ship has broken 


Respecting Lettish bags, see pages 332, 337. 



444 REGULATION — Inwards —RE PORT. 

bulk in the course of her voyage,—and what part of the cargo, if any, 
is intended for importation at such port;—and what part, if any, is in¬ 
tended for importation at another port in the United Kingdom, or at 
another port in the Isle of Man respectively ;—and what part, if any, is 
prohibited to be imported, except to be warehoused for exportation 
only,—and what part, if any, is intended for exportation in such ship 
to parts beyond the seas,—and what surplus stores* or stock remain on 
board such ship;—and, if a British ship, what foreign-made sails or 
cordage, not being standing or running rigging, are in use on board 
such ship ;—and the master of any ship who shall fail to make such 
report, or who shall make a false report, shall forfeit the sum of one 
hundred pounds. §8. 

Packages reported “ contents unknown ,” may he opened and exa¬ 
mined. —If the contents of any package so intended for exportation in 
such ship to parts beyond the seas, shall be reported by the master as 
being unknown to him,—it shall be lawful for the officers of the customs 
to open and examine such package on board, or to bring the same to the 
King’s warehouse for that purpose;—and if there be found in such 
package any goods which may not be entered for home use, such goods 
shall b e forfeited; —or if the goods be such as may be entered for home 
use, the same shall be chargeable with the duties of importation ;— 
unless in either case the commissioners of his Majesty’s customs, in 
consideration of the sort or quality of such goods, or the small rate of 
duty payable thereon, shall see fit to deliver the same for exportation. 

§ 9 - 

Master to deliver manifest; and , if required, hill of lading or copy. 
-—The master of every ship shall, at the time of making such report, 
deliver to the collector or comptroller the manifest of the cargo of such 
ship, where a manifest is required ;—and if required by the collector or 
comptroller, shall produce to him any bill or bills of lading, or a true 
copy thereof, for any and every part of the cargo laden on board;— 
and shall answer upon oath all such questions relating to the ship and 
cargo, and crew and voyage, as shall be put to him by such collector 
or comptroller;—and in case of failure or refusal to produce such mani¬ 
fest,—or to answer such questions,—or to produce such bill of lading 
or copy;—or if such manifest, or bill of lading or copy, shall be false ; 
—or if any bill of lading be uttered by any master, and the goods ex¬ 
pressed therein shall not have been bond fide shipped on board such 
ship;—or if any bill of lading, uttered or produced by any master, shall 
not have been signed by him; or any such copy shall not have been re¬ 
ceived or made by him previously to his leaving the place where the 
goods expressed in such bill of lading or copy were shipped ;—then and 
in every such case such master shall forfeit the sum of one hundred 
pounds. § 10. 

Part of cargo reported for another port. —If any part of the cargo 
of any ship for which a manifest is required, be reported for importation 
ut some other port in the United Kingdom, or at sofne other port in 
the Isle of Man respectively,—the collector and comptroller of the port 
at which some part of the cargo has been delivered, shall notify such 
delivery on the manifest, and return the same to the master of such 
ship. § 11. 

Ships to come quickly to place of unlading , hut to bring to at stations 
for boarding officers. —Every ship shall come as quickly up to the pro- 


* 


* See § 33. 





REGULATION— Inwards —REPORT. 415 

per place of mooring* or unlading as the nature of the port will admit, 
and without touching at any other place ;—and in proceeding to such 
place shall bring to at stations appointed by the commissioners of his 
Majesty’s customs for the boarding of ships by the officers of the 
customs ;—and after arrival at such place of mooring or unlading, 
such ship shall not remove from such place, except directly to some 
other proper place, and with the knowledge of the proper officer of the 
customs,—on penalty of one hundred pounds , to be paid by the master 
of such ship :—Provided always, that it shall be lawful for the commis¬ 
sioners of his Majesty’s customs to appoint places to be the proper places 
for the mooring or unlading of ships importing tobacco, and where 
such ships only shall be moored or unladen ;—and in case the place so 
appointed for the unlading of such ships shall not be within some dock 
surrounded with walls, if any such ship after having been discharged 
shall remain at such place,—or if any ship not importing tobacco shall 
be moored at such place,—the master shall in either case forfeit and pay 
the sum of twenty pounds. § 12. 

Officers to board ships ; and to have free access to all parts. —It shall 
be lawful for the proper officers of the customs to board any ship arriving 
at any port in the United Kingdom, or in the Isle of Man, —and freely 
to stay on board until all the goods laden therein shall have been 
duly delivered from the same;—and such officers shall have free access 
to every part of the ship, with power to fasten down hatchways,—and 
to mark any goods before landing,—and to lock up, seal, mark, or 
otherwise secure any goods on board such ship ;—and if any place, or 
any box or chest, be locked, and the keys be withheld, such officers, if 
they be of a degree superior to tidesmen or watermen, may open any 
such place, box, or chest, in the best manner in their power;—and if 
they be tidesmen or watermen, or only of that degree, they shall send 
for their superior officer, who may open or cause to be opened any such 
place, box, or chest in the best manner in his power;— and if any goods 
be found concealed on board any such ship, they shall be forfeited ;— 
and if the officer shall place any lock, mark, or seal upon any goods on 
board, and such lock, mark, or seal be wilfully opened, altered, or 
broken before due delivery of such goods,—or if any of such goods be 
secretly conveyed away ;—or if the hatchways, after having been fastened 
down by the officer, be opened,—the master of such ship shall forfeit 
the sum of one hundred pounds. § 13. 

National ships, British or foreign, having goods on board, persons in 
charge to deliver an account and answer on oath. —If any ship (having 
commission from his Majesty, or from any foreign prince or state) arriv¬ 
ing as aforesaid at any port in the United Kingdom or in the Isle of 
Man, shall have on board any goods laden in parts beyond the seas,— 
the captain, master, purser, or other person having the charge of such 
ship, or of such goods for that voyage, shall, before any part of such 
goods be taken out of such ship, or when called upon so to do by any 
officer of the customs,—deliver an account in writing under his hand, 
to the best of his knowledge, of the quality and quantity of every 
package or parcel of such goods, and of the marks and numbers 
thereon,—and of the names of the respective shippers and consignees of 
the same ;—and shall answer upon oath to the collector or comptroller 
such questions concerning such goods as shall be required of him ;— 
and on failure thereof such captain, master, purser, or other person 
shall forfeit the sum of one hundred pounds ;—and all such ships shall 
be liable to such searches as merchant ships are liable to ;—and the 


416 REGULATION— Inwards —ENTRY. 

officers of the customs may freely enter and go onboard all such ships, 
and bring from thence on shore into the King’s warehouse any goods 
found on board any such ship as aforesaid;—subject nevertheless to 
such regulations in respect of ships of war belonging to his Majesty, as 
shall from time to time be directed in that respect by the commissioners 
of his Majesty’s treasury of the United Kingdom of Great Britain and 
Ireland. § 14. 

Master to deliver list of crew. —The master of every British ship arriv¬ 
ing at any port in the United Kingdom, on her return from any British 
possessions in America? shall, within ten days of such arrival, deliver 
upon oath to the collector or comptroller, a list,—containing the names 
and descriptions of the crew which was on board at the time of clearing 
from the United Kingdom,—and of the crew on board at the time of 
arrival in any of the said possessions,—and of every seaman who has 
deserted or died during the voyage;—and also the amount of wages 
due at the time of his death to each seaman so dying ;—and every mas¬ 
ter omitting so to do shall forfeit the sum of fifty pounds; and such 
list shall be kept by the collector for the inspection of all persons in¬ 
terested therein. §15. 

After fourteen days , officer may land goods not entered , and certain 
goods before fourteen days. —Every importer of any goods shall, within 
fourteen days after the arrival of the ship importing the same, make 
perfect entry inwards of such goods, or entry by bill of sight in manner 
hereinafter provided, and shall within such time land the same;—and 
in default of such entry and landing, it shall be lawful for the officers 
of the customs to convey such goods to the King’s warehouse ;—and 
whenever the cargo of any ship shall have been discharged, with the ex¬ 
ception only of a small quantity of goods, it shall be lawful for the 
officers of the customs to convey such remaining goods,—and at any 
time to convey any small packages or parcels of goods to the King’s 
warehouse, although such fourteen days shall not have expired,—there 
to be kept waiting the due entry thereof, during the remainder of such 
fourteen days ;—and if the duties due upon any goods so conveyed to 
the King’s warehouse shall not be paid within three months after such 
fourteen days shall have expired, together with all charges of removal 
and warehouse rent, the same shall be sold,—and the produce thereof 
shall be applied, first, to the payment of freight and charges, next of 
duties, and the overplus, if any, shall be paid to the proprietor of the 
goods. § 16. 

Bill of entry to be delivered. —The person entering any goods inwards 
(whether for payment of duty, or to be warehoused upon the first perfect 
entry thereof, or for payment of duty upon the taking out of the ware¬ 
house, or whether such goods be free of duty,) shall deliver to the col¬ 
lector or comptroller a bill of the entry of such goods, fairly written in 
words at length,—expressing the name of the ship, and of the master 
of the ship in which the goods were imported,—and of the place from 
whence they were brought,—and the description and situaiion of the 
warehouse, if they are to be warehoused,—and the name of the person 
in whose name the goods are to be entered,—and the quantity and de¬ 
scription of the goods,—and the number and denomination or descrip¬ 
tion of the respective packages containing the goods ;—and in the margin 
of such bill shall delineate the respective marks and numbers of such 
packages,—and shall pay down any duties which may be payable upon 
the goods menti oned in such entry;—and such person shull also deliver 

* By the 7 Geo. IV. c. 48. § 4. any British possessions in the West Indies. 






REGULATI ON— Inwards —ENT R Y. 


417 


at the same time two or more duplicates, as the case may require, of 
such bill, in which all sums and numbers may be expressed in figures, 
—and the particulars to be contained in such bill shall be written and 
arranged in such form and manner, and the number of such duplicates 
shall be such as the collector and comptroller shall require ,—and such 
bill being duly signed by the collector and comptroller, and transmitted 
to the landing waiter, shall be the warrant to him for the landing or 
delivering of such goods. § 17. 

Not valid unless agreeing with manifest , report , and other documents * 
—No entry nor any warrant for the landing of any goods, or for the 
taking of any goods out of any warehouse, shall be deemed valid,— 
unless the particulars of the goods and packages in such entry shall 
correspond with the particulars of the goods and packages purporting 
to be the same, in the report of the ship,—and in the manifest, where 
a manifest is required,—and in the certificate or other document, where 
any is required, by which the importation or entry of such goods is 
authorized;—nor unless the goods shall have been properly described 
in such entry by the denominations, and with the characters and circum¬ 
stances according to which such goods are charged with duty—or may 
be imported, either to be used in the United Kingdom,—or to be 
warehoused for exportation only ;—and any goods taken or delivered 
out of any ship,—or out of any warehouse,—by virtue of any entry or 
warrant, not corresponding or agreeing in all such respects,—or not 
properly describing the same,—shall be deemed to be goods landed 
or taken without due entry thereof, and shall he forfeited. § 18. 

Goods by number , measure , or weight , or ad valorem .t—If the goods 
in such entry be charged to pay duty according to the number, measure, 
or weight thereof, such number, measure, or weight shall be stated in 
the entry;—and if the goods in such entry be charged to pay duty 
according to the value thereof, such value shall be stated in the entry,— 
and shall be affirmed by the declaration of the importer or his known 
agent, written upon the entry and attested by his signature ;—and if 
any person make such declaration, not being the importer or proprietor 
of such goods nor his agent duly authorized by him—such person 
shall forfeit the sum of one hundred pounds; —and such declaration 
shall be made in manner and form following, and shall be binding 
upon the person by or in behalf of whom the same shall be made ; 
(that is to say), § 19. 

“ I, A. B., do hereby declare, that I am [the importer, or authorized 
by the importer] of the goods contained in this entry, and that I enter 
the same [stating which , if part only ] at the sum of 

Witness my hand the day of 

“ a. Br 

Goods undervalued , officers may detain.% —If upon examination it 
shall appear to the officers of the customs that such goods are not 
valued according to the true value thereof, it shall be lawful for such 
officers to detain and secure such goods,—and (within five days from 
the landing thereof, if it be in the ports of London , Leith , of Dublin , 
or within seven days if in any other port in the United Kingdom, or 
if in any port in the Isle of Man )—to take such goods for the use of 
the crown :—and if a different rate of duty shall be charged upon any 



* See 7 and 8 Geo. IV. c. 56. § 2. 

f Entry of silk goods, see 10 Geo. IV. c. 23. § 4. 

♦ See 10 Geo. IV. c. 23. $ 4. 




448 REGULATION— Inwards —BILL OF SIGHT. 

goods, according as the value of the same shall be described in the 
entry to be above or to be below any particular price or sum, and such 
goods shall be entered so as to be liable to the lower rate of duty, and 
it shall appear to the officers of the customs that such goods, by reason 
of their real value, are properly liable to the higher rate of duty, it 
shall be lawful lor such officers in like manner to take such goods fot 
the use of the crown;—and the commissioners of his Majesty’s cus 
toms shall thereupon in any of such cases cause the amount of such 
valuation, together with an addition of ten pounds per centum thereon, 
and also the duties paid upon such entry, to be paid to the importer 
or proprietor of such goods in full satisfaction for the same,—and shall 
dispose of such goods for the benefit of the crown ;—and if the produce 
of such sale shall exceed the sums so paid, and all charges incurred by 
the crown, one moiety of the overplus shall be given to the officer or 
officers who had detained and taken the goods ;—and the money re¬ 
tained for the benefit of the crown shall be paid into the hands of the 
collector of the customs, with the knowledge of the comptroller, and 
carried to account as duties of customs. § 20. 

Value of East India goods according to sales. —The value of goods 
imported by the East India company,—and of all goods called “ piece 
goods,”* being articles manufactured of silk, hair, or cotton, or any mix¬ 
ture thereof, imported by any person into the port of London , from places 
within the limits of the charter of the said company,—shall be ascertained 
by the gross price at which the same shall have been sold by auction at 
the public sales of the said company ;—and that such goods shall be 
landed and secured in such places and in such manner as the commis¬ 
sioners of his Majesty’s customs shall require, until the duties thereon 
shall have been duly paid, or the same shall have been duly exported. § 21. 

East India company to sell goods. —The East India company shall 
fairly and openly expose to sale, and cause to be sold, all such goods 
so charged to pay duty according to the value thereof, by way of public 
auction in the city of London , within three years from the importation 
thereof;—and shall give due notice at the custom-house in London , to 
the officers appointed to attend such sales, of the time and place 
thereof. § 22. 

Bill of sight if goods be not known. —If the importer of any goods, 
or his agent, after full conference with him, shall declare upon oath, 
before the collector or comptroller,—that he cannot for want of full 
information make a perfect entry thereof,—it shall be lawful for the 
collector and comptroller to receive an entry by bill of sight, for the 
packages or parcels of such goods, by the best description which can be 
given, and to grant a warrant thereupon,—in order that the same 
may be landed,! and may be seen and examined by such importer, in 
presence of the proper officers ;—and within three days after any goods 
shall have been so landed, the importer shall make a perfect entry 
thereof,—and shall either pay down all duties which shall be due and 
payable upon such goods,—or shall duly warehouse the same, accord¬ 
ing to the purport of the perfect entry or entries so made for such 
goods,—or for the several parts or sorts thereof:!—Provided always, 
that if any sum of money shall have been deposited upon any entry by 
bill of sight, on account of the duties which may be found to be pay¬ 
able on the goods intended therein, it shall be lawful for the officers of 


* Repealed, as to n Piece Goods,” by 2 and 3 Wm. IV. c. 84. § 7. See pao-e 49 
f- See 7 Geo. IV. c. 48. § 5. ! See 7 and 8 Geo. IV. c. 56. 



REGULATION —Inwards —BILL OF SIGHT. 449 

the customs to deliver, in virtue of the warrant for landing the same, 
any quantity of goods, the duty on which shall not exceed the sum so 
..deposited. §23.* 

Or goods to be taken to the King’s warehouse; and in one month sold. 
—In default of perfect entry, within such three days, such goods shall 
be taken to the King’s warehouse by the officers of the customs;—and 
if the importer shall not, within one month after such landing, make 
perfect entry or entries of such goods, and pay the duties thereon, or on 
such parts as can be entered for home use, together with charges of 
removal and of warehouse rent,—such goods shall be sold for the 
payment of such duties, (or for exportation, if they be such as cannot 
be entered for home use, or shall not be worth the duties and charges,) 
and for the payment of such charges; and the overplus, if any, shall 
be paid to the importer or proprietor thereof. § 24. 

East India company may enter by bill of sight , and make perfect 
entry within three months. —It shall be lawful for the East India 
company, without making the proof herein-before required, to enter 
by bill of sight, to be landed and secured in such manner as the 
commissioners of his Majesty’s customs shall require, any goods im¬ 
ported by them,—and also any goods imported by any other person, 
from places within the limits of the charter of the said company, with 
the consent of such person,—upon condition to cause perfect entry to be 
made of such goods within three months from the date of the im¬ 
portation thereof; either to warehouse the same—or to pay the duties 
thereon within the times and in the manner hereinafter mentioned ; 
(that is to say,)—if such goods be charged to pay duty according to 
the value, then to pay such duty within four months from the sale of 
the goods ;—and if such goods be charged to pay duty according to the 
number, measure, or weight thereof, then to pay one moiety of such 
duties within six calendar months from the time of the importation of 
such goods, and the other moiety within twelve calendar months from 
such time ;—and such goods shall be secured in such places and in 
such manner as the commissioners of his Majesty's customs shall re¬ 
quire, until the same shall have been duly entered, and the duties 
thereon shall have been duly paid, or until the same shall have been 
duly exported:—Provided also, that it shall be lawful for any other 
person who shall have imported any goods from places within the said 
limits into the port of London , in like manner to enter such goods by 
bill of sight in his own name, — upon giving sufficient security by 
bond, to the satisfaction of the commissioners of his Majesty’s customs, 
with the like conditions as are required of the said company, for making 
perfect entries, and for selling at the sales of the said company, all such 
of the said goods as are called “ piece goods,” and for the securing 
and the paying of duties;—provided such goods be entered by such 
bill of sight, to be warehoused in some warehouse under the superin¬ 
tendence of the said company, and in which goods imported by the 
said company may be secured in manner before mentioned. § 25. 

In default of payment of duties , goods to be sold .—In default of 
perfect, entry within three months as aforesaid,—or of due entry and 
payment of duty within the times and in the manners hereinbefore re¬ 
spectively required,—it shall be lawful for the commissioners of his 
Majesty’s customs to cause any such goods, in respect of which such 
default shall have been made, to be sold for the payment of such duties, 
(or for exportation, if they be such as cannot be entered for home use.) 

* See Minute of the Board of Customs, 21 Oct. 1826, at the end of this chapter. 

2 G 





450 REGULATION— Inwards —DAMAGE. 

and for the payment of all charges incurred by the crown in respect of 
such goods; and the overplus, if any, shall be paid to the proprietor 
thereof. § 26. 

East India company to pay duties to receiver-general. —The East 
India company shall pay into the hands of the receiver-general of the 
customs, every sum of money due from the said company on account 
of the duties of customs, at the respective times when the same shall 
become due; and that the said receiver-general shall give to the said 
company a receipt for the monies so paid, on the account of the collector 
of the customs, which receipt, when delivered to such collector, shall be 
received by him as cash. § 27 

Goods damaged on voyage; abatement of duties * —If any goods 
which are rated to pay duty according to the number, measure, or 
weight thereof, (except certain goods hereinafter mentioned,) shall receive 
damage during the voyage, an abatement of such duties shall be 
allowed in proportion to the damage so received ;—provided proof be 
made to the satisfaction of the commissioners of his Majesty’s customs, 
pr of any officers of customs acting therein under their directions, that 
such damage was received after the goods were shipped abroad in the 
ship importing the same, and before they were landed in the United 
Kingdom ;—and provided claim to such abatement of duties be made 
at the time of the first examination of such goods. § 28. 

Officers to examine damage , and state proportion; or choose two 
merchants. —The officers of the customs shall thereupon examine such 
goods, with reference to such damage, and may state the proportion 
of damage which, in their opinion, such goods have so received, and 
may make a proportionate abatement of duties;—but if the officers of 
customs be incompetent to estimate such damage,—or if the im¬ 
porter be not satisfied with the abatement made by them, the collector 
and comptroller shall choose two indifferent merchants, experienced 
in the nature and value of such goods, who shall examine the same, 
and declare upon oath in what proportion, according to their judgment, 
such goods are lessened in their value by reason of such damage,—and 
thereupon the officers of customs may make an abatement of the duties 
according to the proportion of damage so declared by such merchants; 
—-and if any of such goods be afterwards exported for drawback, an 
abatement of the drawback in the like proportion shall be made, and 
shall be declared in the bills of the entry of such goods, and in the 
clearance of the same for shipment. § 29. 

No abatement for certain goods. —Provided always, that no abate¬ 
ment of duties shall be made on account of any damage received by 
any of the sorts of goods hereinafter enumerated ; (that is to say), 
coffee, currants, figs, lemons, oranges, raisins, tobacco, and wine. § 30. 
—[And pepper, 7 Geo. IV. c. 48. § 37.] 

Returned goods ; if foreign goods, duties to be paid again ; or goods 
may be warehoused , and certain goods may not be returned for home 
use. —It shall be lawful to reimport into the United Kingdom from 
any place, in a ship of any country, any goods (except as hereinafter 
excepted) which shall have been" legally exported from the United 
Kingdom, and to enter the same by bill of store, referring to the entry 
outwards, and exportation thereof;—provided the property in such 
goods continue in the person by whom or on whose account the same 

* Damage. Application to be made in writing to the board with the usual proofs 
annexed within four days from the time of the first examination of the goods, and 
whilst they remain in the custody of the officers. Commis. Minute, 3 January, 1829. 






REGULATION— Inwards —BILL OF STORE. 451 

have been exported;—and if the goods so returned be foreign goods 
which had before been legally imported into the United Kingdom, the 
same duties shall be payable thereon as would, at the time of such 
reimportation, be payable on the like goods, under the same circum¬ 
stances of importation as those under which such goods had been 
originally imported;—or such goods may be warehoused as the like goods 
might be warehoused upon a first importation thereof:—Provided 
always, that the several sorts of goods enumerated or described in the 
table following, shall not be reimported into the United Kingdom for 
home use, upon the ground that the same had been legally exported 
from thence,—but that the same shall be deemed to be foreign goods, 
whether originally such or not,—and shall also be deemed to be im¬ 
ported for the first time into the United Kingdom ; (that is to say), 
§31. 

A Table of Goods exported which may not be reimported for 

Home Use. 

CORN, grain, meal, flour, and malt. Hops. 

Tobacco. Tea. . 

Goods for which any bounty or any drawback of excise had been received on export¬ 
ation, unless by special permission of the commissioners of his Majesty’s customs, 
and on repayment of such bounty or such drawback. 

All goods for which bill of store cannot be issued in manner hereinafter directed; 
except small remnants of British goods by special permission of the commissioners 
of his Majesty’s customs, upon proof to their satisfaction that the same are British, 
and had not been sold. 

Bill of store* by whom may be taken out; and by whom to be 
granted. —The person in whose name any goods so reimported were 
entered for exportation, shall deliver to the searcher at the port of 
exportation,—an exact account signed by him of the particulars of 
such goods, referring to the entry and clearance outwards, and to the 
return inwards of the same, with the marks and numbers of the 
packages, both inwards and outwards;—and thereupon the searcher, 
finding that such goods had been legally exported, shall grant a bill of 
store for the same ;—and if the person in whose name such goods were 
entered for exportation was not the proprietor thereof, but his agent, he 
shall, declare upon oath on such bill of store the name of the person 
by whom he was employed as such agent;—and if the person to whom 
such returned goods are consigned shall not be such proprietor and 
exporter, he shall declare upon oath on such bill of store the name of 
the person for whose use such goods have been consigned to him;— 
and the real proprietor ascertained to be such, shall make oath upon 
such bill of store to the identity of the goods so exported and so returned, 
—and that he was at the time of exportation and of reimportation the 
proprietor of such goods,—and that the same had not during such 
time been sold or disposed of to any other person;—and such affidavits 
shall be made before the collectors or comptrollers at the ports of ex¬ 
portation and of importation respectively;—and thereupon the collector 
and comptroller shall admit such goods to entry by bill of store, and 
grant their warrant accordingly. § 32. 

Surplus stores subject as goods. —The surplus stores of every ehip 
arriving from parts beyond the seas, in the United Kingdom, or in the 
Isle of Man , shall be subject to the same duties, and the same pro¬ 
hibitions, restrictions, and regulations, as the like sorts of goods shall 
be subject to when imported by way of merchandise;—but if it shall 

* See for goods uot reimported within six years, 10 Geo. IV. c. 43. § 4. 

2 g 2 







4 52 It E G UL ATI O N— Inwards —CE RTIFIC ATE S. 

appear to the collector and comptroller, that the quantity or description 
of such stores is not excessive or unsuitable under all the circumstances 
of the voyage, it shall be lawtul for them to permit such surplus stores 
to be entered for the private use of the master, purser, or owner of 
such ship, or of any passenger of such ship, to whom any such surplus 
stores may belong, on payment of the proper duties, or to be warehoused 
for the future use of such ship,—although the same could not be legally 
imported by way of merchandise. § 33 

Goods from 'plantations. —No goods shall be entered as being of or 
from any British possession in America , (if any benefit attach to such 
distinction,) unless the master of the ship importing the same shall have 
delivered to the collector or comptroller a certificate, under the hand 
of the proper officer of the place where such goods were taken on 
board, of the due clearance of such ship from thence, containing an 
account of such goods. § 34. 

Certificate of gro wth of sugar, coffee , cocoa nuts , spirits , and maho¬ 
gany, from plantations. —Before any sugar, coffee, cocoa nuts, spirits, 
or mahogany, shall be entered as being of the produce of some British 
possession in America ,—or the Island of Mauritius, —the master of 
the ship importing the same shall deliver to the collector or comptroller 
a certificate, under the hand of the proper officer of the place where 
such goods were taken on board, testifying that proof had been made 
in manner required by law, that such goods are of the produce of some 
British possession in America, or the island of Mauritius, —stating the 
name of the place where such goods were produced,—and the quan¬ 
tity and quality of the goods,—and the number and denomination of 
the packages containing the same,—and the name of the ship in which 
they are laden, and of the master thereof;—and such master shall also 
make oath before the collector or comptroller, that such certificate was 
received by him at the place where such goods were taken on board, and 
that the goods so imported are the same as are mentioned therein. § 35. 

Certificate of sugar from limits of charter. —Before any sugar shall 
be entered as being the produce of any British possession in the limits 
of the East India company’s charter, the master of the ship importing 
the same shall deliver to the collector or comptroller a certificate under 
the hand and seal of the proper officer at the place where such sugar 
was taken on board,—testifying that oath had been made before him by 
the shipper of such sugar, that the same was really and bond fide the 
produce of such British possession ;—and such master shall also make 
oath before the collector or comptroller, that such certificate was received 
by him at the place where such sugar was taken on board, and that the 
sugar so imported is the same as is mentioned therein. § 36. 

Certificate of wine, produce of Cape of Good Hope. —Before any 
wine shall be entered as being the produce of the Cape of Good Hope, 
the master of the ship importing the same shall deliver to the collector 
or comptroller, a certificate under the hand of the proper officer of the 
Cape of Good Hope, —testifying that proof had been made in manner 
required by law, that such wine is of the produce of the Cape of Good,. 
Hope, or the dependencies thereof,—stating the quantity and sort of such 
wine,—and the number and denomination of the packages containing 
the same ;—and such master shall also make oath before the collector or 
comptroller that such certificate was received by him at the Cape of 
Good Hope, and that the wine so imported is the same as is mentioned 
therein. § 37. 

Goods of Guernsey , Jersey, §e. duty free; with exceptions. —It shall 


REGULATION— Inwards —CERTIFICATES. 4o3 

be lawful to import into the United Kingdom any goods of the produce 
or manufacture of the Islands of Guernsey, Jersey , Alderney, Sark, or 
Man, from the said islands respectively, without payment of any duty 
(except in the cases hereinafter mentioned) ;—and that such goods shall 
not be deemed to be included in any charge of duties, imposed by any 
act hereafter to be made on the importation of goods generally from 
parts beyond the seas:—Provided always, that such goods may never¬ 
theless be charged with any proportion of such duties as shall fairly 
countervail any duties of excise, or any coast duty, payable on the like 
goods, the produce of the part of the United Kingdom into which they 
shall be imported :—Provided also, that such exemption from duty 
shall not extend to any manufactures of the said islands, made from 
materials the produce of any foreign country; except manufac¬ 
tures of linen and cotton made in and imported from the Isle of Man, 
§ 38. 

Master to deliver certificate of produce, and make oath to certificate .* 
—Before any goods shall be entered as being the produce of the said 
islands, (if any benefit attach to such distinction,) the master of the ship 
or vessel importing the same shall deliver to the collector or comptroller 
a certificate from the governor, lieutenant-governor, or commander-in¬ 
chief of the island from whence such goods were imported,—that proof 
had been made in manner required by law, that such goods were of the 
produce of such island,—stating the quantity and quality of the goods, 
— and the number and denomination of the packages containing the 
same;—and such master shall also make oath before the collector or 
comptroller, that such certificate was received by him at the place where 
such goods were taken on board, and that the goods so imported are 
the same as are mentioned therein. § 39. 

Treasury may permit produce of colonial fisheries to be imported 
from Guernsey , fyc. —It shall be lawful for the commissioners of his 
Majesty’s treasury, when and so long as they shall see fit,—to permit, 
any goods the produce of the British possessions or fisheries in North 
America , which shall have been legally imported into the islands of 
Guernsey or Jersey direct from such possessions,—to be imported into 
the United Kingdom for home use direct from those islands, under 
such regulations as the said commissioners shall direct; any thing in 
the law of navigation to the contrary notwithstanding. § 40. 

Vessels with stone from Guernsey, fyc. not to be piloted. —No vesse, 
arriving on the coast of England from Guernsey, Jersey, Alderney . 
Sark, or Man, wholly laden with stone the production thereof, shall be 
liable to be conducted or piloted by pilots appointed and licensed by 
the corporation of the Trinity-house of Deptford Stroud; any law, cus¬ 
tom, or usage to the contrary notwithstanding. § 41. 

Fish, British taking and curing, and lobsters and turbots, free < f 
duty on importation, —Fresh fish of every kind, of British taking, and 
imported in British ships,—and fresh lobsters and turbots, however 
taken, or in whatever ship imported,—and cured fish of every kind, of 
British taking and curing, imported in British ships,—shall be imported 
free of all duties, and shall not be deemed to be included in any charge 
of duty imposed by any act hereafter to be made on the importation of 
goods generally :—Provided always, that before any cured fish shall be 
entered free of duty, as being of such taking and curing, the master of 
the ship importing the same shall make oath before the collector or 


* See as to the Isj.b of Man, 9 Geo. IV. c. 76. § 28. 



454 REGULATION— Inwards —SALVAGE 

comptroller, that such fish was actually caught, taken, and cured wholly 
by his Majesty’s subjects. § 42. 

Certificate of blubber, train oil, Sec. British colonial taking. —Before 
any blubber, train oil, spermaceti oil, head matter, or whale fins, shall 
be entered as being the produce of fish or creatures living in the sea 
taken and caught wholly by his Majesty’s subjects usually residing in 
some part of his Majesty’s dominions, and imported from some British 
possession,—the master of the ship importing the same shall deliver to 
the collector or comptroller a certificate under the hand of the proper 
officer of such British possession where such goods were taken on 
board, (or if no such officer be residing there, then a certificate under 
the hands of two principal inhabitants at the place of shipment,)—noti¬ 
fying that oath had been made before him or them by the shipper of 
such goods, that the same were the produce of fish or creatures living 
in the sea taken wholly by British subjects usually residing in some 
part of his Majesty’s dominions;—and such master shall also make 
oath before the collector or comptroller, that such certificate was re¬ 
ceived by him at the place where such goods were taken on board, and 
that the goods so imported are the same as mentioned therein ;—and 
the importer of such goods shall also make oath before the collector or 
comptroller at the time of entry, that to the best of his knowledge and 
belief the same were the produce of fish or creatures living in the sea 
taken wholly by British subjects usually residing in some part of his 
Majesty’s dominions. § 43. 

Before entry of blubber , 8fc. of British fishing, master and importer 
to make oath of the same. —Before any blubber, train oil, spermaceti 
oil, head matter, or whale fins, shall be entered as being the produce of 
fish or creatures living in the sea taken and caught wholly by the crews 
of ships fitted out in the United Kingdom, or in one of the islands of 
Guernsey , Jersey, Alderney, Sark, or Man, —the master of the ship 
importing such goods shall make oath,—and the importer of such 
goods (to the best of his knowledge and belief) shall make oath—that 
the same are the produce of fish or creatures living in the sea taken and 
caught wholly by the crew of such ship, or by the crew of some other 
ship (naming the ship) fitted out in the United Kingdom, or in one of 
the islands of Guernsey, Jersey, Alderney , Sark, or Man, (stating 
which). § 44. 

Blubber from Greenland may be boiled, and entered as oil. —It shall 
be lawful upon the return of any ship from the Greenland Seas or 
Davis’s Straits to the United Kingdom, with any blubber, being the 
produce of whales or other creatures living in the sea, for the importers 
thereof to cause the same to be boiled into oil at the port of importation, 
under the care and inspection of the proper officers of the customs;— 
and the oil so produced shall be admitted to entry, and the duties be 
paid thereon as if imported in that state. § 45. 

Importation direct. —No goods shall be deemed to be imported from 
any particular place, unless they be imported direct from such place, 
and shall have been there laden on board the importing ship, either as 
the first shipment of such goods, or after the same shall have been 
actually landed at such place. § 46. 

Salvor may sell goods sufficient to defray salvage. —It shall be lawful 
for the owner or salvor of any property liable to the payment of duty 
saved from sea, and in respect of which any sum shall have been 
awarded under any law at the time in force, or in respect of which any 
sum shall have been paid or agreed to be paid by the owner thereof or 


REGULATION— Inwards —DERELICT. 


455 


his agent, to the salvors to defray the salvage of the same, to sell so 
much of the property so saved as will be sufficient to defray the salvage 
so awarded, or such other sum so paid or agreed to be paid ;—and that 
upon the production of an award made in execution of any such law to 
the commissioners of his Majesty’s customs, or upon proof to the satis¬ 
faction of the said commissioners that such sum of money has been paid, 
or has been agreed to be paid, the said commissioners are hereby em¬ 
powered and required to allow the sale of such property aforesaid, free 
from the payment of all duties, to the amount of such sum so awarded, 
paid, or agreed to be paid, or to the amount of such other sum as to the 
said commissioners shall seem just and reasonable :—Provided always, 
that if such owner or salvor shall be dissatisfied with any determination 
of the said commissioners as to the amount of such property to be sold 
duty free, it shall be lawful for such owner or salvor to refer any such de¬ 
termination of the said commissioners to the judgment and revision of the 
high court of admiralty,—and in that case such sale shall be suspended 
until the decision of such court shall have been had thereon. § 47. 

Foreign goods derelict * Sfc. to be subject to same duties as on import¬ 
ation. —All foreign goods, derelict, jetsam, flotsam, and wreck, brought 
or coming into the United Kingdom, or into the Isle of Man , shall at 
all times be subject to the same duties as goods of the like kind im¬ 
ported into the United Kingdom respectively are subject to ;—and if any 
person shall have possession of any such goods, either on land or within 
any port in the United Kingdom, and shall not give notice thereof to 
the proper officer of the customs within twenty-four hours after such 
possession, or shall not on demand pay the duties due thereon, or deliver 
the same into the custody of the proper officer of the customs, such person 
shall forfeit the sum of one hundred pounds ;—and if any person shall 
remove or alter in quantity or quality any such liquors or tobacco, or 
shall open or alter any package containing any such liquors or tobacco, 
or shall cause any such act to be done, or assist therein, before such 
liquors or tobacco shall be deposited in a warehouse, in the custody of 
the officers of the customs, every such person shall forfeit the sum of 
one hundred pounds ; —and in default of the payment of the duties on 
such liquors or tobacco within eighteen months from the time when the 
same were so deposited, the same may be sold in like manner, and for 
the like purposes, as goods imported may in such default be sold:— 
Provided always, that any lord of the manor having by law just claims 
to such liquors or tobacco, or if there be no such lord of the manor, 
then the person having possession of the same shall be at liberty to 
retain the same in his own custody,—giving bond, with two sufficient 
sureties, to be approved by the proper officer of the customs, in treble 
the value of such goods, for the payment of the duties thereon at the 
end of one year and one day,—or to deliver such goods to the proper 
officer of the customs in the same state and condition as the same were 
in at the time of taking possession thereof. § 48. 

Goods under excise permit regulations. —And whereas it may be 
expedient to subject some sorts of goods imported into the United King¬ 
dom to certain internal regulations and restraints, after the full duties of 
customs have been paid thereon, and to place such regulations and re¬ 
straints under the management of the commissioners of excise;—be it 
therefore enacted, that no goods which are subject to any regulations 
of excise shall be taken or delivered out of the charge of the officers of 
customs, (although the same may have been duly entered with them, 


* See 2 and 3 Wm. IV. c. 84. § 10. post. 



456 


REGULATION— Inwards —LANDING. 

and the full duties due thereon may have been paid,) until such goods 
shall also have been duly entered with the officers of excise,—and per¬ 
mit granted by them for delivery of the same,—nor unless such permit 
shall correspond in all particulars with the warrant of the officers of the 
customs :*—Provided always, that such entry shall not be received by 
the officers of the excise, nor such permit granted by them,—until a 
certificate shall have been produced to them of the particulars of the 
goods, ar.d of the warrant for the same, under the hand of the officers 
of the customs who shall have the charge of the goods :—Provided also, 
that if upon any occasion it shall appear necessary, it shall be lawful for 
the proper officers of excise to attend the delivery of such goods by the 
officers of the customs, and to require that such goods shall be delivered 
only in their presence ;—and it shall be lawful for such officers of excise 
to count, measure, gauge, or weigh any such goods, and fully to exa¬ 
mine the same, and to proceed in all respects relating to such goods in 
such manner as they shall be authorized or required by any act for the 
time being in force relating to the excise. § 49. 

Times and places for landing goods. —No goods whatever—(except 
diamonds, bullion, fresh fish, British taken, and imported in British 
ships, and turbots and lobsters,)—shall be unshipped from any ship 
arriving from parts beyond the seas, or landed or put on shore, but only 
on days not being Sundays or holidays, and in the daytime, that is to 
say,—from the first day of September until the last day of March be¬ 
tween sun-rising and sun-setting,—and from the last day of March to 
the first day of September between the hours of seven of the clock in 
the morning and four of the clock in the afternoon ;—nor shall any 
goods, except as aforesaid, be so unshipped or landed, unless in the pre¬ 
sence or with the authority of the proper officer of the customs ;—and 
such goods, except as aforesaid, shall be landed at one of the legal quays 
appointed by his Majesty for the landing of goods,—or at some wharf, 
quay, or place appointed by the commissioners of the customs for the 
landing of goods by sufferance;—and that no goods, except as afore¬ 
said, after having been unshipped, shall be transhipped,—or after having 
been put into any boat or craft to be landed, shall be removed into any 
other boat or craft previously to their being duly landed, without the 
permission or authority of the proper officer of the customs. § 50. 

Goods to be unshipped , fyc. at the expence of importer. —The unship¬ 
ping, carrying, and landing of all goods, and the bringing of the same 
to the proper place after landing, for examination or fqr weighing, and 
the putting of the same into the scales, and the taking of the same out 
of and from the scales after weighing, shall be performed by or at the 
expence of the importer. § 51. 

Restrictions absolute or modified as to goods imported. —And whereas 
it is expedient for the due encouragement of trade and manufactures, 
and for the security of the revenue, to prohibit or restrict the importa¬ 
tion of certain goods ;—be it therefore enacted, that the several sorts of 
goods enumerated or described in the Table following, denominated 
“ A Table of Prohibitions and Restrictions inwards,” shall either be 
absolutely prohibited to be imported into the United Kingdom,—or 
shall be imported only under the restrictions mentioned in such Table, 
—according as the several sorts of such goods are respectively set forth 
therein ; that is to say, 


* Permit not required for coffee or cocoa, 9 Geo. IV. c. 44. § 5. 



REGULATION. 


457 


A TABLE OF PROHIBITIONS AND RESTRICTIONS 

INWARDS. 

A List of Goods absolutely Prohibited to be Imported, 

Arms, Ammunition, and Utensii.s of War, by way of merchandise, except by licence 
from his Majesty, for furnishing his Majesty's public stores only. 

Beef. 

-but so much of the above act as prohibits the importation of Beef or Pork 

salted, (not being Beef or Pork commonly called Corned Beef or Pork,) and 
Beef from the Isle of Man , being the produce of that island, repealed. \7 and 
8 Geo. IV. c. 56. § 3.] 

Books; viz. 

-first composed or written or printed in the United Kingdom, and printed or 

reprinted in any other country, imported for sale ,— except books not reprinted 
in the United Kingdom within twenty years;—or being parts of collections,— 
the greater parts of which had been composed or written abroad. 

Cards. Foreign playing Cards, unless the name and place of residence of the 
foreign maker of such cards be printed or marked in distinct and legible 
characters on one card of every pack of such cards, and on every wrapper 
thereof—and Cards, or -any wrapper, jew, label, or other paper, matter, or thing, 
inclosing, annexed to, or deposited with any one or more of such cards, printed 
or marked in any way with the name of any maker of cards duly licensed 
within the United Kingdom. [9 Geo. IV. c. 18. § 33.] 

Cattle, great. 

-except from the Isle of Man , being the produce of that island. [7 and 8 

Geo. IV. c. 56. $ 3.] 

Clocks and Watches, impressed with any mark or stamp appearing to be or to re¬ 
present any legal British assay mark or stamp,—or purporting by any mark or 
appearance to be of the manufacture of the United Kingdom,—or not having 
the name and place of abode of some foreign maker abroad visible on the frame 
and also on the face,—or not being in a complete state with all the parts pro¬ 
perly fixed in the case. [9 Geo. IV. c. 76. § 4.] 

Coin ;* viz. 

-False money, or counterfeit sterling. 

-Silver, of the realm, or any money purporting to be such, not being of the 

established standard in weight or fineness. 

Fish of foreign taking or curing, or in foreign vessels;—except turbots and lobsters, 
stockfish, live eels, anchovies, sturgeon, botargo, and caviare. 

Goods Prohibited to be imported into the United Kingdom from foreign countries, 
shall not be imported from Guernsey , Jersey , Alderney , Sark , or Man , though 
made in those islands, if the materials of which they be made be the produce 
of any foreign country. [9 Geo. IV. c. 76. § 5.] 

Gunpowder ; except by licence from his Majesty,—such licence to be granted for the 
furnishing his Majesty’s stores only. 

Lamb. 

-- except from the Isle of Man , being the produce of that island. 

[7 and 8 Geo. IV. c. 56. § 3.] 

Mutton. 

- except from the Isle of Man, being the produce of that island. 

Pork. 

- except from the Isle of Man , being the produce of that island. 

» 

Sheep. 

- except from the Isle of Man , being the produce of that island. 


9fit Ol 
uq 9iil 
bus lo 


Snuff-work. 

Spirits from the Isle of Man. 
Swine. 


fjsummuns aboo^ 
'•><<! V* sfcfsT A ** 

i y;9.tuk>adis 


except from the Isle of Man , being the produce of that island. 


Tobacco-stalks stripped from the leaf, whether manufactured or not. 

--- flour. 

Tobacco, the growth of Ireland ’, (manufactured or unmanufactured, mixed or un¬ 
mixed,) into Great Britain as merchandise. [2 Wm. IV. c. 20.] 


* For the penalty, see page 496. 











458 REGULATION. 

List of Goods subject to certain Restrictions on Importation. 

China ; Goods from, unless by the East India company, and into the port of London , 
China Ware, or Porcelain, —being the produce of places within the limits of the 
East India company’s charter, except into the ports of London, Plymouth, 
Bristol, Liverpool, Hull, Newcastle, Leith, Greenock, Dublin, Cork, and 
Belfast. [7 Geo. IV. c. 48. § 6.] 

Corn ground for home use (except wheat meal, wheat flour, and oatmeal). [9 Geo. 
IV. c. 60. $ 5.] 

East India, Goods of places within the limits of the East India company’s charter;— 
unless into such ports as shall be approved of by the lords of the treasury, and 
declared by order in council to be fit and proper for such importation. 

Gloves, in packages, eaeh containing 100 dozen pairs at least,—and in ships of 70 
tons and upwards. [7 Geo. IV. c. 48. § 7.] 

Hides, Skins, Horns, or Hoofs, or any other part of cattle or beast, his Majesty may, 
by order in council, prohibit, in order to prevent any contagious distemper. 

Parts of articles, viz. 

-«— any distinct or separate part of any article not accompanied by the 

other part,—or all the other parts of such article, so as to be complete and per¬ 
fect,— if such article be subject to duty according to the value thereof. 

Silk, manufactures of, unless in ships of 70 tons— -except by licence from the commis¬ 
sioners of the customs for vessels belonging to Dover (direct from Calais) of 
60 tons ; and if of the manufacture of Europe into the port of London —or 
into the port of Dublin from Bordeaux— or into the port of Dover direct from 
Calais. [10 Geo. IV. c. 23. § 2 and 3.] 

Spirits, —not being perfumed or medicinal spirits; viz. 

- all spirits unless in ships of 70 tons or upwards. 

- - - Rum of and from the British plantations, unless in casks containing not less 

than 20 gallons,—or in cases containing not less than three dozen reputed quart 
bottles; but this is not to extend to spirits in square rigged vessels, provided 
the spirits are contained in glass bottles. [10 Geo. III. c. 43. § 5.] 

- all other spirits, unless in casks containing not less than 40 gallons,—or 

in cases containing not less than three dozen reputed quart bottles. 

Tea ; unless from the place of its growth,—and by the East India company,—and 
into the port of London. 

Tobacco and Snuff ; viz. 

• -unless in a ship of the burthen of 120 tons or upwards. 

--and unless in hogsheads, casks, chests, or cases, each of which 

shall contain, of neat tobacco or snuff, at least—lOOlbs. weight if from the East 
Indies, or 450 lbs. weight if from any other place;—and not packed in bags or 
packages within any such hogshead, cask, chest, or case, nor separated, nor 
divided in any manner whatever ;—except 

— . Tobacco of the dominions of the Turkish empire , which may be packed in 

inward bags or packages, or separated or divided in any manner within the 

outward package,—provided such outward package be a hogshead, cask, chest, 
or case, and contain 450 lbs. net at least. And except 
■ Tobacco made up in rolls, being the produce of and imported from the state 

of Columbia, —and in packages containing at least 320 pounds weight of such 
rolls. [7 Geo. IV. c. 48. § 6.] 

• -and unless the particular weight of tobacco or snuff in each hogs¬ 

head, cask, chest, or case, with the tare of the same, be marked thereon. 

-and unless into the ports of London, Liverpool, Bristol, Lancaster, 

Cowes, Falmouth, Whitehaven, Hull, Port Glasgow, Greenock, Leith, New¬ 
castle-upon-Tyne, Plymouth, Belfast, Cork, Drogheda, Dublin, Galway, 
Limerick, Londonderry, Newry, Sligo, Waterford, and Wexford* 

-— but any ship wholly laden with tobacco may come into the port of 

Cowes or Falmouth to wait for orders, and there remain fourteen days, provided 
due report of such ship be made by the master with the collector or comptroller 
of such port. 

-- Segars, So much of the 6 Geo. IV. c. 107. as prohibits the importation of 

segars in packages containing 100 lbs. weight of segars, repealed. [9 Geo. 


And all goods from the Isle of Man, except such as be of the growth, produce, or 
manufacture thereof. But see article, Goods Prohibited, in the list of absolute 
prohibitions. 


* But see 2 and 3 Win. IV. c. 84. pos/. 


















REGULATION. 


459 


Forfeiture. —And if any goods shall be imported into the United 
Kingdom contrary to any of the prohibitions or restrictions mentioned 
in such table in respect of such goods, the same shall be forfeited. 
§ 'o2. 

But goods may be warehoused for exportation only , although pro¬ 
hibited. —Provided always, that any goods of whatsoever sort may be 
imported into the United Kingdom, to be warehoused under the re¬ 
gulations of any act in force for the time being for the warehousing of 
goods, without payment of duty at the time of the first entry thereof, 
—or notwithstanding that such goods may be prohibited to be imported 
into the United Kingdom to be used therein, except the several sorts 
of goods enumerated or described in manner following; (that is to say) 

Goods prohibited on account of the package in which they are contained,—or the 
tonnage of the ship in which they are laden. 

Tea and Goods from China in other than British ships,—or by other persons than the 
East India company. 

Gunpowder, Arms, Ammunition, or Utensils of War. 

Fish, dried or salted, not being stock fish. 

Beef, Pork, or Bacon ; except for exportation only. 7 Geo. IV. c. 48. § 5. 

Hides, infected, Skins, Horns, Hoofs, or any other part of any cattle or beast. 

Coin, counterfeit, or Tokens. 

Books first composed or written, or printed and published in the United Kingdom, and 
reprinted in any other country or place. 

Prints, copies of, first engraved, etched, drawn, or designed in the United Kingdom. 

Casts of Sculptures or Models, copies of, first made in the United Kingdom. 

Clocks or Watches impressed with any mark or stamp, appearing to be or to repre¬ 
sent any legal British assay mark or stamp, or purporting, by any mark or 
appearance, to be of the manufacture of the United Kingdom, or not having 
the name and place of abode of some foreign maker abroad visible on the frame 
and also on the face, or not being in a complete state, with all the parts pro¬ 
perly fixed in the case. § 53. 

Cards, foreign playing, unless the name and the place of residence of the foreign 
maker of such cards shall be printed and marked in distinct and legible charac¬ 
ters on one card of every pack, and on every wrapper thereof.— 

-, or any wrapper, jew, label, or other paper, matter or thing, enclosing, annexed, 

or deposited with any one or more of such cards, printed or marked in any way 
with the name of any maker of cards duly licensed within the United Kingdom. 
9 Geo. IV. c. 18. § 33. 


Goods to be entered to be warehoused for exportation only .—If by 
reason of the sort of any goods,—or of the place from whence,—or the 
country or navigation of the ship in which any goods have been im¬ 
ported,—they be such,—or be so imported,—as that they may not be 
used in the United Kingdom,—they shall not be entered, except to be 
warehoused;—and it shall be declared upon the entry of such goods,— 
that they are entered to be warehoused for exportation only. § 54. 



460 


REGULATION— Outwards —ENTRY, 


General 'provision as to the entry of the ship. —And whereas it is ex¬ 
pedient that the officers of customs should have full cognizance of all 
ships departing from any port or place in the United Kingdom or in 
the Isle of Man, for parts beyond the seas,—and of all goods taken out 
of the United Kingdom or out of the Isle of Man, —and it is therefore 
necessary to make regulations for the entering and clearing outwards of 
all such ships,—and for the entering, clearing, and shipping of all such 
goods;—be it therefore enacted, that no goods shall be shipped or 
waterborne to be shipped on board any ship, in any port or place in the 
United Kingdom, or in the Isle of Man, to be carried to parts beyond 
the seas,—before due entry outwards of such ship, and due entry of 
such goods shall have been made—and cocket granted,—nor before 
such goods shall have been duly cleared for shipment, in manner here¬ 
inafter directed ;—and that no stores shall be shipped for the use of any 
such ship bound to parts beyond the seas,—nor shall any goods be 
deemed or admitted to be such stores,—except such as shall be borne 
upon the victualling bill duly granted for such ship;—and that no 
goods shall be so shipped, or waterborne to be so shipped, except at 
such times and places, and in such manner, and by such persons, and 
under the care of such officers, as is and are hereinafter directed ; and 
all goods and stores which shall be shipped or be waterborne to be 
shipped contrary hereto shall b e forfeited. § 55. 

Ships to be cleared on pain of i£l00.—No ship, on board of which 
any goods or stores shall have been shipped in any port in the United 
Kingdom, or in the Isle of Man , for parts beyond the seas, shall depart 
from such port—until such ship shall have been duly cleared outwards 
for her intended voyage, in manner hereinafter directed,—under forfei¬ 
ture of the sum of one hundred pounds by the master of such ship. 
§ 56. 

Victualling bill for stores. —The master of every ship which is to 
depart from any port in the United Kingdom, or in the Isle of Man , 
for parts beyond the seas, shall, upon due application made by him,— 
receive from the searcher, a victualling bill for the shipment of such 
stores as he shall require, and as shall be allowed by the collector and 
comptroller for the use of such ship, according to the voyage upon 
which she is about to depart;—and that no articles taken on board any 
ship shall be deemed to be stores,—except such as shall be borne upon 
the victualling bill for the same. § 57. 

Master to deliver certificate of clearance of last voyage, and to make 
entry outwards. —The master of every ship in which any goods are to 
be exported from the United Kingdom, or from the Isle of Man, to 
parts beyond the seas, shall, before any goods be taken on board, deliver 
to the collector or comptroller—a certificate from the proper officer of 
the clearance inwards or coastwise of such ship of her last voyage— 
specifying what goods, if any, have been reported inwards for exporta¬ 
tion,—and shall also deliver to the collector or comptroller an account, 
signed by the master or his agent, of the entry outwards of such ship 
for her intended voyage,—setting forth the name and tonnage of the 
ship,—the name of the place to which she belongs if a British ship, or 
of the country if a foreign ship,—the name of the master,—and the 
name or names of the place or places for which she is bound, if any 
goods are to be shipped for the same,—and the name of the place in 
such port at which she is to take in her lading for such voyage,—and 
if such ship shall have commenced her lading at some other port, the 


REGULATION— Outwards —ENTRY. 461 

master shall state the name of any port at which any goods have been 
laden,—and shall produce a certificate from the searcher that the cockets 
for such goods have been delivered to him ;—and the particulars of 
such account shall be written and arranged in such form and manner 
as the collector and comptroller shall require ; and such account shall 
be the entry outwards of such ship, and shall be entered in a book to 
be kept by the collector, for the information of all parties interested ;— 
and if any goods be taken on board any ship before she shall have 
been entered outwards,—the master shall forfeit the sum of one hundred 
pounds : Provided always, that where it shall become necessary to lade 
any heavy goods on board any ship before the whole of the inward 
cargo is discharged, it shall be lawful for the collector and comptroller 
to issue a stiffening order for that purpose, previous to the entry outwards 
of the ship. § 58. 

Entry of goods outwards. —The person entering outwards any goods 
to be exported to parts beyond the seas from any port in the United 
Kingdom or in the Isle of Man , shall deliver to the collector or comp¬ 
troller—a bill of the entry thereof, fairly written in words at length,— 
expressing the name of the ship,—and of the master,—and of the place 
to which the goods are to be exported,—and of the person in whose 
name the goods are to be entered,—and the quantities and proper de¬ 
nominations or descriptions of the several sorts of goods,—and shall 
pay down any duties which may be due upon the exportation of any 
such goods ;—and such person shall also deliver at the same time one 
or more duplicates of such bill, in which all sums and numbers may be 
expressed in figures ;—and the particulars to be contained in such bill 
shall be written and arranged in such form and manner, and the number 
of such duplicates shall be such, as the collector and comptroller shall 
require;—and thereupon the collector and comptroller shall cause a 
cocket to be written for such goods, making it known that such goods 
have been so entered :—and every cocket shall be signed by such collector 
and comptroller,—and be delivered to the person who shall have made 
such entry,—and such person shall keep and be responsible for the 
proper use of the same. § 59. 

Goods for drawback or bounty. —If any drawback or bounty be al¬ 
lowable upon the exportation of any such goods,—or any duty be 
payable thereon,—or any exemption from duty claimed,—or if any such 
goods be exportable on-ly according to some particular rule or regula¬ 
tion,—or under some restriction or condition,—or for some particular 
purpose or destination,—such goods shall be entered and cleared for 
shipment by such denominations or descriptions as are used, mentioned, 
or referred to in the granting of such drawback or bounty,—or in the 
levying of such duty,—or granting such exemption,—or in the directing 
of such rules, regulations, restrictions, conditions, purpose, or destina¬ 
tion ;—and if the goods in such entry are charged to pay duty according 
to the value thereof, such value shall be stated in the entry,—and shall 
be affirmed by the declaration of the exporter or his known agent, to 
be made upon the entry, and attested by his signature ;—and if any 
person shall make such declaration, not being the exporter of such 
goods, nor his agent duly authorized by him, such person shall forfeit 
the sum of one hundred pounds; —and such declaration shall be made 
in manner and form following,—and shall be binding upon the person 
making the same ; that is to say, § 60. 

“ I, A. B. do hereby declare, that I am the exporter of the goods 


462 


REGULATION— Outwards —CLEARANCE. 


mentioned in this entry, [or that I am duly authorized by him,] and I 
do enter the same at the value of 

“ Witness my hand, the day of 

“ A, B.” 

Goods undervalued. —If upon examination it shall appear to the 
officers of the customs that such goods are not valued according to the 
true value thereof, the same may be detained, and (within two days) 
taken and disposed of for the benefit of the crown, in like manner as is 
hereinbefore provided in respect of goods imported ;—except that no 
sum in addition to the amount of the valuation, and the duties paid, 
shall be paid to the exporter or proprietor of the goods. § 61. 

For drawback , or from warehouse , duties to be first paid. —The per¬ 
son intending to enter outwards any foreign goods for drawback,—or 
any foreign goods which are to be exported from the warehouse,—or 
any foreign goods upon which the duties inwards are required to have 
been paid before the same be exported,—shall first deliver to the col¬ 
lector or comptroller of the port where such goods were imported or are 
warehoused,—two or more bills, as the case may require, of the par¬ 
ticulars of the importation of such goods, and of the entry outwards 
intended to be made ;—and thereupon such collector and comptroller, 
finding such bills to agree with the entry inwards, shall write off such 
goods from the same,—and shall issue a certificate* of such entry for 
warehousing or payment of duties, as the case may be, with such parti¬ 
culars thereof as shall be necessary—for the computation of the drawback 
allowable on such goods,—or for the due delivery thereof from the 
warehouse, and setting forth in such certificate the destination of the 
goods,—and the person in whose name they are to be entered for export¬ 
ation,—and also the ship in which they are to be exported, if they are to 
be exported from the port where such certificate is issued, but if from 
another port, then only the name of such other port;—and such certifi¬ 
cate, together with two or more bills of the same, as the case may require, 
in which all sums and numbers may be expressed in figures, being deli¬ 
vered to the collector or comptroller of the port from which the goods 
are to be exported, shall be the entry outwards of such goods and such 
collector and comptroller shall thereupon cause a cocket to be written 
and delivered for such goods, in manner hereinbefore directed. § 62. 

Coals export bond to Isle of Man a?id British possessions. —No cocket 
shall be granted tor the exportation of any coals to the Isle of Man , or 
to any British possession, until the exporter thereof shall have given 
security by bond in a penal sum of forty shillings the chaldron, with 
condition that the same shall be landed at the place for which they 
shall be exported,—or otherwise accounted for to the satisfaction of the 
commissioners of the customs;—and also with condition to produce 
(within such time as the said commissioners shall require, to be ex¬ 
pressed in such bond) a certificate of the landing of such coals at such 
place, under the hand ot the collector or comptroller, or other proper 
officer at such place : Provided always, that the bond so to be given in 
respect of coals shall not be liable to any duty of stamps. § 63. 

Clearance of goods —Before any part of the goods for which any 
cocket shall have been granted shall be shipped, or waterbo r ne to be 
shipped, the same shall be duly cleared for shipment with the searcher; 
—and before any goods be cleared for shipment, the particulars of the 
goods for each clearance shall be endorsed on such cocket, together with 




* The issuing of this certificate no longer required. See 2 and 3 Wra, IV. c. 84 
§ 6. page 496. 





REGULATION— Outwards —CLEARANCE. 463 

the number and denomination or description of the respective packages 
containing the same ;—and in the margin of each such endorsement 
shall be delineated the respective marks and numbers of such packages ; 
—and to each such endorsement shall be subjoined, in words at length, 
an account of the total quantities of each sort of goods intended in such 
endorsement, and the total number of each sort of package in which 
such goods are contained,—distinguishing such goods, if any, as are 
to be cleared for any bounty or drawback of excise or customs,—and 
also such goods, if any, as are subject to any duty on exportation, or 
entitled to any exemption from such duty,—and also such goods, if 
any, as can only be exported by virtue of some particular order or 
authority,—or under some particular restriction or condition,—or for 
some particular purpose or destination;—and all goods shipped, or 
waterborne to be shipped, not being duly cleared as aforesaid, shall be 
forfeited. § 64. 

Cocket endorsed. —The person clearing such goods for shipment shall, 
upon each occasion, produce the cocket so endorsed to the searcher,— 
and shall also deliver a shipping bill or copy of such endorsement, 
referring by names and date to the cocket upon which such endorse¬ 
ment is made,—and shall obtain the order of the searcher for the ship¬ 
ment of such goods;—and the particulars to be contained in such 
endorsement, and in such shipping bill, shall be written and arranged in 
such form and manner as the collector and comptroller shall require. § 65. 

Coals , fyc. for exportation may be transhipped. —It shall be lawful 
for the searcher and coastwaiter in any port to permit any quantity of 
coals or of slates, duly entered and cleared for exportation,—to be 
shipped directly by transhipment out of any coasting ship in which the 
same shall have been brought coastwise into such port, and without 
payment of any coast duty thereon.* § 66. 

Coals brought coastwise need not be landed. —If any coals shall have 
been brought coastwise from one port of the United Kingdom to 
another, and the master shall be minded to proceed with such coals 
or any part of them to parts beyond the seas,—it shall be lawful for 
such master to enter such ship—and such coals outwards for the in¬ 
tended voyage,—without first landing the coals intended for exporta¬ 
tion ;—provided the officers of the customs shall be satisfied that the 
quantity of coals left on board, added to any which may have been 
landed, does not exceed the quantity set forth in the transire for the 
same. § 67. 

Export of free goods. —And in order that correct accounts may 
be taken of the value of the exports of free goods, be it further 
enacted,—That upon the clearance for shipment of any goods, the 
produce or manufacture of the United Kingdom, not liable to any 
export duty,—an account, containing an accurate specification of 
the quantity, quality, and value of such goods, together with a decla¬ 
ration to the truth of the same, signed by the exporter, or his known 
agent, shall be delivered to the searcher by the person clearing such 
goods ;—and if such declaration be false, the person signing the same 
shall forfeit the sum of twenty pounds ;—and that it shall be lawful for 
the searcher to call for the invoice, bills of parcels, and such other 
documents relating to the goods, as he may think necessary for ascer¬ 
taining the true value of the same :—Provided always, that if such ex¬ 
porter or agent shall make and sign an affidavit before the collector or 
comptroller, that the value of the goods cannot be ascert ained in time 
* Coast duties repealed by 1 and 2 Wm. IV. c. 16. 




464 REGULATION —Outwards —ENTRY OF SHIP. 

for the shipment of the same, and such affidavit shall be delivered to 
the searcher at the time of clearance,—a further time of three months 
shall be allowed for the delivery of such separate shipping bill,—on 
failure whereof such exporter or agent shall forfeit the sum of twenty 
pounds. § 68. 

Goods for excise drawback. —No drawback of excise shall be allowed 
upon any goods so cleared, unless the person intending to claim such 
drawback shall have given due notice to the officer of excise, in form 
and manner required by any law in force relating to the excise,—and 
shall have obtained and have produced to the searcher at the time of 
clearing such goods a proper document under the hand of the officer 
of excise, containing the necessary description of the goods tor which 
such drawback is to be claimed —and if the goods to be cleared and 
shipped under the care of the searcher shall, upon examination, be 
found to correspond in all respects with the particulars of the goods 
contained in such document,—and such goods shall be duly shipped 
and exported,—the searcher shall, if required, certify such shipment 
upon such document,—and shall transmit the same to the officer of 
excise. § 69. 

Officer of excise may attend examination. —It shall be lawful for the 
officer of excise to attend and assist at such examination, and to mark 
or seal the packages, and to keep joint charge of the same, together 
with the searcher,—until the same shall have been finally delivered by 
him into the sole charge of the searcher, to be shipped and exported 
under his care. § 70. 

Goods for duty , bounty, or drawback, brought for shipment. —If 
any goods, which are subject to any duty or restriction in respect of 
exportation,—or if any goods which are to be shipped for any drawback 
or bounty,—shall be brought to any quay, wharf, or other place, to be 
shipped for exportation,—and such goods shall not agree with the 
endorsement on the cocket, or with the shipping bill, the same shall 
be forfeited; —and if any goods prohibited to be exported be found in 
any package brought as aforesaid, such package and every thing con¬ 
tained therein shall b z forfeited. § 71. 

Searcher may open any package. —It shall be lawful for the searcher 
to open all packages, and fully to examine all goods shipped or brought 
for shipment at any place in the United Kingdom, or in the Isle of 
Man ;—and if the goods so examined shall be found to correspond in 
all respects with the cocket and clearance purporting to be for the same, 
—such goods shall be repacked at the charge of such searcher, who 
may be allowed such charge by the commissioners of the customs, if 
they shall see fit so to do. § 72. 

Content of clearance of ship to be delivered to searcher. —Before 
any ship shall be cleared outwards at any port in the United Kingdom, 
or in the Isle of Man, for parts beyond the seas, with any goods 
shipped on board the same in such port,—the master shall deliver a 
content of such ship to the searcher, setting forth the name and tonnage 
of such ship,—and the place or places of her destination,—and the 
name of the master,—and also an account of the goods shipped on 
board, and of the packages containing such goods, and of the marks 
and numbers upon such packages,—and a like account of the goods on 
board, if any, which had been reported inwards for exportation in such 
ship,—so far as any of such particulars can be known by him ;—and 
also, before the clearance of such ship, the cockets, with the endorse¬ 
ments and elegances thereon for the goods shipped, shall be finally 


REGULATION— Outwards —CLEARANCE OF SHIP. 465 

delivered by the respective shippers of such goods to the searcher,— 
who shall file the same together, and shall attach with a seal a label to 
the file, showing the number of cockets contained in the file,—and 
shall compare the particulars of the goods in the cockets with the 
particulars of the goods in such content,—and shall attest the correct¬ 
ness thereof by his signature on the label and on the content;—and the 
master of the ship shall make oath before the collector or comptroller 
to the truth of such content;—and shall also answer upon oath to the 
collector or comptroller such questions concerning the ship, the cargo, 
and the intended voyage, as shall be demanded of him ;—and there¬ 
upon the collector or comptroller shall clear such ship for her intended 
voyage,—and shall notify such clearance and the date thereof upon the 
content,—and upon the label to the file of cockets,—and upon the 
victualling bill,—and also in the book of ship’s entries outwards, for 
the information of all parties interested;—and shall transmit the 
content, and the cockets, and the victualling bill to the searcher ;-~-and 
the particulars to be contained in such content shall be written and 
arranged in such form and manner as the collector and comptroller shall 
require. § 73. 

File of cockets and victualling bill delivered to master as the clear¬ 
ance. —The file of cockets and the victualling bill shall thereupon be 
delivered by the searcher to the master of such ship, at such station 
within the port, and in such manner as shall be appointed by the com¬ 
missioners of his Majesty’s customs for that purpose;—and such file of 
cockets and victualling bill so delivered shall be kept by the master of 
such ship,—as the authority for departing from the port with the 
several parcels and packages of goods and of stores on board, so far 
as they shall agree with the particulars in the endorsements on such 
cockets, or with such victualling bill. § 74. 

In ballast. —If any ship is to depart in ballast from the United King¬ 
dom, or from the Isle of Man , for parts beyond the seas,—having no 
goods on board except the stores of such ship borne upon the vic¬ 
tualling bill,—or any goods reported inwards for exportation in such 
ship,—the master of such ship shall, before her departure, answer upon 
oath to the collector or comptroller such questions touching her de¬ 
parture and destination as shall be demanded of him ;—and thereupon 
the collector or comptroller shall clear such ship in ballast,—and shall 
notify such clearance and the date thereof on the victualling bill,—and 
also in the book of ship’s entries outwards, for the information of all 
parties interested ;—and such victualling bill shall be kept by the 
master of such ship as the clearance of the same. § 75. 

Part of former cargo reported for exportation. —If there be on 
board any ship any goods of the inward cargo which were reported for 
exportation in the same, the master shall, before clearance outwards of 
such ship from any port in the United Kingdom, or in the Isle of Man , 
deliver to the searcher a copy of the report inwards of such goods, 
certified by the collector and comptroller ;—and such copy, being found 
to correspond with the goods so remaining on board, shall be the au¬ 
thority to the searcher to pass such ship with such goods on board;— 
and being signed by the searcher, and filed with the cockets, shall be 
the clearance of the ship for those goods. § 76. 

If any passengers , master may enter baggage in his name. —If any 
passengers are to depart in any ship from the United Kingdom, or 
from the Isle of Man , for parts beyond the seas, it shall be lawful for 
the master of such ship to pass an entry and to receive a cocket in his 

2 H 



466 R EGUL ATI ON— Outwards —DE BENTU RES. 

name for the necessary personal baggage of all such passengers,—and 
duly to clear such baggage for shipment in their behalf, stating in such 
clearances the particulars of the packages, and the names of the re¬ 
spective passengers ;—and if such ship is to take no other goods than 
the necessary personal baggage of passengers actually going the 
voyage, it shall be lawful for such master to enter such ship outwards 
in ballast for passengers only;—and if no other goods than such 
baggage, duly entered and cleared, be taken on board such ship, the 
same shall be deemed to be a ship in ballast, notwithstanding such 
baggage, and shall be described in the clearance, on the content, and 
on the label to the cocket or cockets, and on the victualling bill, and in 
the book of ships’ entries, as a ship—cleared in ballast, except as to the 
necessary personal baggage of passengers going the voyage. § 77. 

Master . may enter goods for private use of self and crew. —If the 
master and crew of any foreign ship which is to depart in ballast from 
the United Kingdom for parts beyond the seas, shall be desirous to 
take on board chalk rubbish by way of ballast, to take with them for 
their private use any small quantities of goods of British manufacture, 
it shall be lawful for such master, without entering such ship outwards, 
—to pass an entry in his name, and receive a cocket free of any export 
duty for all such goods,—under the general denomination of British 
manufactures not prohibited to be exported, being for the use and privilege 
of the master and crew,—and not being of greater value,—than in the 
proportion of twenty pounds for the master,—and ten pounds for the 
mate,—and five pounds for each of the crew,—and stating that the 
ship is in ballast;—and the master shall duly clear such goods for 
shipment in behalf of himself and crew, stating in such clearances the 
particulars of the goods and packages,—and the names of the crew 
who shall jointly or severally take any of such goods under this pri¬ 
vilege and such ship shall be deemed to be a ship in ballast, and be 
cleared as such, and without a content, notwithstanding such goods, or 
such cocket or cockets;—and such clearance shall be notified by the 
collector or comptroller on the label to the cocket or cockets,—and on 
the victualling bill,—and in the book of ships’ entries,—as a clearance 
in ballast, except as to the privilege of the master and crew. § 7S. 

Officers may board any ship after clearance. —It shall be lawful for 
the officers of the customs to go on board any ship after clearance out¬ 
wards, within the limits of any port in the United Kingdom or in the 
Isle of Man ,—or within four leagues of the coast thereof,—and to de¬ 
mand the file of cockets, and the victualling bill ;—and if there be any 
goods or stores on board not contained in the endorsements on the 
cockets, nor in the victualling bill, such goods or stores shall b e forfeited; 
—and if any goods contained in such endorsements be not on board, 
the master shall forfeit the sum of twenty pounds for every package or 
parcel of goods contained in such endorsements and not on board;— 
and if any cocket be at any time falsified, the person who shall have 
falsified the same, or who shall have wilfully used the same, shall forfeit 
the sum of one hundred pounds. § 79. 

Ships to bring to at stations. —Every ship departing from any port 
in the United Kingdom, or in the Isle of Man , shall bring to at such 
stations within the port as shall be appointed by the commissioners of 
his Majesty’s customs for the landing of officers from such ships,—or 
for further examination previous to such departure. § 80. 

Debenture goods to be entered in name of real owner; or of the. 
commission merchant. —No drawback or bounty shall be allowed upon 


REGULATION— Outwards —DEBENTURES. 


467 


the exportation from the United Kingdom of any goods, unless such 
goods shall have been entered in the name of the person who was the 
real owner thereof at the time of entry and shipping,—or of the person 
who had actually purchased and shipped the same, in his own name 
and at his own liability and risk, on commission, according to the 
practice of merchants, and who was and shall have continued to be 
entitled in his own right to such drawback or bounty,—except in the 
cases hereinafter provided for. §81. 

Oath to exportation, and to property , and to right to drawback or 
bounty. —Such owner or commission merchant shall make oath upon 
the debenture that the goods mentioned therein have been actually ex¬ 
ported,—and have not been relanded, and are not intended to be re¬ 
landed in any part of the United Kingdom, nor in the Isle of Man, 
(unless entered for the Isle of Man,) nor in the islands of Faro or 
Ferro, —and that he was the real owner thereof at the time of entry 
and shipping, or that he had purchased and shipped the said goods in 
his own name, and at his own liability and risk, on commission, as the 
case may be,—and that he was and continued to be entitled to the 
drawback or bounty thereon in his own right:—Provided always, that 
if such owner or merchant shall not have purchased the right to such 
drawback or bounty, he shall declare under his hand upon the entry, 
and in his oath upon the debenture,—the person who is entitled thereto ; 
and the name of such person shall be stated in the cocket,—and in the 
debenture ;—and the receipt of such person on the debenture shall be 
the discharge for such drawback or bounty. § 82. 

Agent may pass entry, and receive drawback. —If such owner or 
merchant shall be resident in some part of the United Kingdom, being 
more than twenty miles from the custom-house of the port of shipment, 
he may appoint any person to be his — agent to make and pass his 
entry, and to clear and ship his goods,—and to receive for him the 
drawback or bounty payable on his debenture, if payable to him,—pro¬ 
vided the name of such agent and the residence of such owner or mer¬ 
chant be subjoined to the name of such owner or merchant in the entry 
and in the cocket for such goods ;—and such agent being duly informed 
shall make declaration upon the entry, if any be necessary, and shall 
also make oath upon the debenture, in behalf of such owner or mer¬ 
chant, to the effect before required of such owner or merchant,—and 
shall answer upon oath such questions, touching his knowledge of the 
exportation of such goods and the property therein, and of the right to 
the drawback or bounty, as shall be demanded of him by the collector 
or comptroller ;—and if any such goods be exported by any corporation 
or company trading by a joint stock, it shall be lawful for them to ap¬ 
point any person to be their agent for the like purposes, and with the 
like powers to act in their behalf. § 83. 

Property of persons abroad consigned here to an agent, and exported. 
—If any goods which are to be exported for drawback be the property 
of any person residing abroad, having been consigned by the owner 
thereof to some person as his — agent residing in the United Kingdom, 
to be exported through the same to parts beyond the seas, by such 
agent, upon account of such owner,—it shall be lawful for such person, 
(being the consignee by whom and in whose name the duties inwards 
on such goods had been paid, or his legal representative,) in like man¬ 
ner,—as agent for such owner, to enter, clear, and ship such goods for 
him, and upon like conditions to receive for him the drawback payable 
thereon. § 84. 


2 h 2 


46S REGULATION— Outwards — DEBENTURES. 

Shipment within three years and payment within two years .—No 
drawback shall be allowed upon the exportation of any goods, unless 
such goods be shipped within three years after the payment of the duties 
inwards thereon; and no debenture for any drawback or bounty 
allowed upon the exportation of any goods shall be paid after the expi¬ 
ration of two years from the .date of the shipment of such goods ;—and 
no drawback shall be allowed upon any goods which, by reason of 
damage or decay, shall have become of less value for home use than 
the amount of such drawback ;—and all goods so damaged which shall 
be cleared for any drawback shall be forfeited;—and the person who 
caused such goods to be so cleared shall forfeit the sum of two hundred 
pounds, or treble the amount of the drawback in such case, at the elec¬ 
tion of the commissioners of the customs. § 85. 

Issuing and passing debenture. —For the purpose of computing and 
paying any drawback or bounty payable upon any goods duly entered, 
shipped, and exported,—a debenture shall, in due time after such entry, 
be prepared by the collector and comptroller, certifying in the first in¬ 
stance the entry outwards of such goods ;—and so soon as the same 
shall have been duly exported, and a notice containing the particulars of 
the goods shall have been delivered by the exporter to the searcher,— 
the shipment and exportation thereof shall be certified to the collector and 
comptroller, upon such debenture, by the searcher ;—and the debenture 
shall thereupon be computed and passed with all convenient dispatch, 
and be delivered to the person entitled to receive the same. § 86. 

Guernsey , fyc. certificate of landing* —No drawback or bounty shall 
be allowed for any goods exported from the United Kingdom to Guern¬ 
sey, Jersey, Alderney, Sark, or the Isle of Man, until a certificate shall 
be produced from the collector and comptroller of the customs of the 
Isle of Man, or from the register of certificates or other chief officer of 
the customs in Guernsey, Jersey , Alderney, or Sark, of the due landing 
of such goods. § 87. 

Press packing, and oath of packer. —No drawback or bounty shall 
be allowed for any goods exported from the United Kingdom in bales 
cleared as being press-packed,—unless the quantities and qualities of 
the goods in each of such bales shall be verified by the master packer 
thereof,—or in case of unavoidable absence, by the foreman of such 
packer, having knowledge of the contents of the bales,—by oath made 
and subscribed upon the cocket before the collector or comptroller;—or 
if such packer reside more than ten miles from the port, then by oath 
made and subscribed, upon an account of such goods, before a magis¬ 
trate or justice of the peace for the county or place where such packer 
shall reside;—and if such bales be not cleared as being press-packed, 
then the searcher having opened any such bale shall not be required to 
repack the same at his charge. § 88. 

Licensed lightermen only to ship debenture or warehoused goods. — 
No goods cleared fur drawback or bounty,—or from the warehouse,— 
shall be carried waterborne, to be put on board any ship for exportation 
from the United Kingdom, by any person,—unless such person shall 
be authorized for that purpose by licence under the hands of the com¬ 
missioners of the customs; and that, before granting such licence, it 
shall be lawful for the said commissions to require such security by 
bond, for the faithful and incorrupt conduct of such person, as they 
shall deem necessary ;—and that, after granting such licence, it shall be 
lawful for the said commissioners to revoke the same,—if the person to 
* Repealed by 2 and 3 Wm. IV. c. 84. § 3. See page 4967 





REGULATION— Outwards —WINE, &c. FOR THE NAVY. 469 

whom the same shall have been granted shall be convicted of any 
offence against the laws relating to the customs or excise:—Provided 
always, that all such licences, which shall be in force at the time of the 
commencement of this act, shall continue in force as if the same had 
been afterwards granted under the authority of this act. § 89. 

Warehouse or debenture goods not exported, or if relanded without 
entry, forfeited. —If any goods which have been taken from the ware¬ 
house to be exported from the same,—or any goods which have been 
cleared to be exported for any drawback or bounty,—shall not be duly 
exported to parts beyond the seas,—or shall be relanded in any part of 
the United Kingdom, (such goods not having been duly relanded or 
discharged as short-shipped under the care of the proper officers,)—or 
shall be landed in the islands of Faro or Ferro ,—or shall be carried to 
the islands of Guernsey , Jersey, Alderney, Sark, or Man , (not having 
been duly entered, cleared, and shipped to be exported directly to such 
island,)—the same shall b e forfeited, together with the ship from or by 
which the same had been so relanded,—landed,—or carried,—and any 
other ship, vessel, boat, or craft which may have been used in so re¬ 
landing,—landing, or carrying such goods ;—and any person by whom 
or by whose orders or means such goods shall have been so taken or 
cleared,—or so relanded,—landed,—or carried,—shall forfeit a sum 
equal to treble the value of such goods. § 90. 

Drawback of duties on wine allowed for officers in the navy. —A 
drawback of the whole of the duties of customs shall be allowed for 
wine intended for the consumption of officers of his Majesty’s navy,— 
on board such of his Majesty’s ships in actual service as they shall serve 
in,—not exceeding the quantities of wine, in any one year, for the nse 
of such officers, hereinafter respectively mentioned ; (that is to say,) 

Gallons. 


For every admiral. 1260 

-vice-admiral. 1050 

-rear-admiral. 810 

-captain of the first and second rate. 63® 

-captain of the third, fourth, and fifth rate. 420 

-captain of an inferior rate. 210 

-lieutenant, and other commanding officer, and for 

every marine officer. 105 


Provided always, that such wine be shipped only at one of the ports 
hereinafter mentioned ; that is to say, London, Rochester, Deal, Dover, 
Portsmouth, Plymouth, Yarmouth, Falmouth, Belfast, Dublin, Cork, 
Leith, or Glasgow. § 91. 

Persons entering such wine for drawback. —The person entering such 
wine, and claiming the drawback for the same, shall state in the entry, 
—and declare upon oath on the debenture,—the name of the officer for 
whose use such wine is intended,—and of the ship in which he serves ; 
—and such wine shall be delivered into the charge of the officers of the 
customs at the port of shipment,—to be secured in the King’s ware¬ 
house,—until the same shall be shipped under their care ;—and such 
officers having certified upon the debenture the receipt of the wine into 
their charge,—the debenture shall be computed and passed, and be de¬ 
livered to the person entitled to receive the same. § 92. 

Officers leaving the service, wine to be transferred to others. —If any 
such officer shall leave the service,—or be removed to another ship,—it 
shall be lawful for the officers of the customs, at any of the ports before 
mentioned, to permit the transfer of any such wine from one officer to 











470 REGULATION— Outwards —WINE, &c. FOR THE NAVY. 

another,—as part of his proportion,—whether on board the same ship 
or another,—or the transhipment from one ship to another for the same 
officer,—or the relanding and warehousing for future reshipment;— 
and it shall also be lawful for the officers of customs at any port to re¬ 
ceive back the duties for any of such wine,—and deliver the same for 
home use:—Provided always, that if any of such wine be not laden on 
board the ship for which the same was intended,—or be unladen from 
such ship without permission of the proper officer of the customs, the 
same shall b o forfeited. § 93. 

Pursers of his Majesty's ships of war may ship tobacco for use of 
crew, free of duty, on giving bond. —And whereas it is expedient to make 
provisions for supplying the crews of his Majesty’s ships of war with 
tobacco for their use, without payment of any duty ; be it therefore 
enacted,—that it shall be lawful for the purser of any of his Majesty’s 
ships of war in actual service,—to enter and ship at the ports of Roches¬ 
ter , Portsmouth, or Plymouth, in the proportions hereinafter mentioned, 
—any tobacco there warehoused in his name,—or transferred into his 
name,—for the use of the ship in which he shall serve ;—provided such 
purser shall deliver to the collector or comptroller of such port a certifi¬ 
cate from the captain of such ship, stating the name of the purser and 
the number of men belonging to the ship;—and shall also give bond, 
with one sufficient surety, in treble the duties payable on the tobacco, 
that no part thereof shall be relanded in the United Kingdom,—without 
leave of the officers of the customs,—or be landed in either of the islands 
of Guernsey , Jersey , Alderney, Sark, or Man. § 94. 

Purser removed from one ship to another may tranship with per¬ 
mission of collector. —If any purser shall be removed from one ship to 
another,—it shall be lawful for the collector and comptroller of the port 
where such ships shall be,—to permit the transhipment of the remains 
of any such tobacco, for the use of such other ship,—upon due entry of 
such tobacco by such purser, setting forth the time when, and the port 
at which such tobacco was first shipped ;—and if any such ship shall be 
paid off,—it shall be lawful for the collector and comptroller of any port 
where such ship shall be paid off,—to permit the remains of any such 
tobacco to be landed, and to be entered by the purser of such ship,— 
either for payment of duties,—or to be warehoused for the term of six 
months, for the supply of some other such ship,—in like manner as any 
tobacco may be warehoused and supplied at either of the ports before 
mentioned,—or for payment of all duties within such six months:— 
Provided always, that all tobacco warehoused for the purpose of so sup¬ 
plying his Majesty’s ships of war, shall be subject to the provisions of 
this act made for the warehousing of tobacco generally,—as far as the 
same are applicable, and are not expressly altered by any of the pro¬ 
visions herein particularly made. § 95. 

Quantity of tobacco allowed. —No greater quantity of such tobacco 
shall be allowed to any ship of war, than — two pounds by the lunar 
month for each of the crew of such ship—nor shall any greater quantity 
be shipped at any one time than sufficient to serve the crew of such ship 
for six months after such rate of allowance ;—and the collector and 
comptroller of the port at or from which any such tobacco shall be sup¬ 
plied to any such ship,—or landed from any such ship,—or transferred 
from one such ship to another,—shall transmit a particular account 
thereof to the commissioners of his Majesty’s customs,—in order that a 
general account may be kept of all the quantities supplied to and con- 


REGULATION — Outwards — PROHIBITIONS. 471 

sumed on board each of such ships,—under the allowances before 
granted. § 96. 

Times and places for shipping goods. — No goods shall be put off 
from any wharf, quay, or other place,—or shall be waterborne in order 
to be exported,—but only on days not being Sundays or holidays, and 
in the daytime,—that is to say,—from the first day of September until 
the last day of March —betwixt sun-rising and sun-setting,—and from 
the last day of March until the first day of September —between the 
hours of seven of the clock in the morning and four of the clock in the 
afternoon ;—nor shall any such goods be then put off or waterborne for 
exportation,—unless in the presence or with the authority of the pro¬ 
per officer of the customs,—nor except from a legal quay appointed by 
his Majesty,—or at some wharf, quay, or place appointed by the com¬ 
missioners of his Majesty’s customs for the shipping of such goods by 
sufferance. § 97. 

Penalty for exporting prohibited goods. —If any goods liable to for¬ 
feiture for being shipped for exportation—shall be shipped and exported 
without discovery by the officers of the customs,—the person or persons 
who shall have caused such goods to be exported shall forfeit double, the 
value of such goods. § 98. 

Prohibitions Outwards. 

The several sorts of goods enumerated or described in the Table fol¬ 
lowing, (denominated “ A Table of Prohibitions and Restrictions Out¬ 
wards,”) shall be either absolutely prohibited to be exported from the 
United Kingdom,—or shall be exported only under the restrictions 
mentioned in such Table,—according as the several sorts of such goods 
are respectively set forth therein ; that is to say, 


A Table of Prohibitions and Restrictions Outwards. 

Cards and Dice made for exportation may not, by 9 Geo. IV. c. 18. § 28, be exported 
unless they be in packs, enclosed in wrappers or jews, marked as the com¬ 
missioners of stamps shall approve; and the ace of spades in every pack be 
duly marked or stamped with the proper mark or stamp appointed to be used 
for cards to be exported,—nor unless a certificate under some officer of stamps, 
setting forth the quantity of such cards or dice, and the name of the ship, tbe 
master, and destination of the exporting ship be first delivered to the proper 
officer of the customs at the port of exportation. But see the act. 

Clocks and Watches ; viz. 

.-any outward or inward box, case, or dial plate, of any metal, without the 

movement in or with every such box, case, or dial plate, made up fit for use,— 
with the clock or watch maker’s name engraven thereon. 

Lace, viz.—G oi.d and Silver Lace. 

--any Metal inferior to Silver, which shall be spun, mixed, wrought, or set 

upon silk,—or which shall be gilt,—or drawn into Wire,—or flatted into Plate, 
and spun or woven, or wrought into or upon, or mixed with lace, fringe, cord, 
embroider, tambour work, or buttons, made in the gold or silver lace manu¬ 
factory,—or set upon silk, or made into Bullion Spangles, or Pearl, or any other 
materials made in the gold or silver lace manufactory,—or which shall imitate 
or be meant to imitate such lace, fringe, cord, embroidery, tambour work, or 
buttons.—Nor shall any person export any 

-Copper, Brass, or other Metal, which shall be silvered,—or drawn into Wire, 

—or flatted into Plate,—or made into Bullion Spangles, or Pearl, or any other 
materials used in the gold or silver lace manufactory,—or in imitation of such 
lace, fringe, cord, embroidery, tambour work, or buttons,—or of any of the 
materials used in making the same and which shall hold more, or bear a greater 
proportion than three pennyweights of fine silver to the pound avoirdupois of 
such copper , brass , or other metal. 





472 REGULATION-Outwards— PROHIBITIONS. 

Lace, viz.—G old and Silver Lace. 

-any Metal inferior to Silver,—whether gilt, silvered, stained or coloured, or 

otherwise,—whinh shall be worked up or mixed with gold or silver, in any manu¬ 
facture of lace, fiinge, cord, embroidery, tambour work, or buttons. 

Tooi.s and Utensils 

In the Woollen, Cotton, Linen, or Silk Manufactures. 

. ..— any machine, engine, tool, press, paper, utensil or instrument used in 

or proper for the preparing, working, pressing, or finishing of the woollen, cot¬ 
ton, linen, or silk manufactures of this kingdom, or any other goods wherein 
wool, cotton, linen, or silk is used,—or any part of such machines, engines, 
tools, presses, paper, utensils or instruments, or any model or plan thereof, or 
any part thereof,—except wool-cards, or stock-cards, not worth above 4s. per 
pair, and spinners’ cards, not worth above Is. 6d. per pair, used in the woollen 
manufactures. 

In the Calico, Cotton, Muslin, or Linen Puinting^KFvnufactures. 

--blocks, plates, engines, tools or utensils, commonly used in or proper 

for the preparing, working up, or finishing of the calico, cotton, muslin, or linen 
printing manufactures,—or any part of such blocks, plates, engines, tools or 
utensils. 

-■ Rollers. 

-either plain, grooved, or of any other form or denomination, of cast 

iron, wrought iron, or steel, for the rolling of iron or any sort of metals, 
and frames, beds, pillars, screws, pinions, and each and every implement, tool, 
or utensil thereunto belonging. 

-rollers, slitters, frames, beds, pillars, and screws for slitting mills. 

-Presses. 

-presses of all sorts, in iron and steel, or other metals, which are used 

with a screw exceeding one inch and a half in diameter, or any parts of these 
several articles, or any model of the before-mentioned utensils, or any parts 
thereof. 

-Boring of Cannon. 

--— all sorts of utensils, engines, or machines used in the casting or boring 

of cannon or any sort of artillery, or any parts thereof, or any model of tools, 
utensils, engines or machines used in such casting or boring, or any parts 
thereof. 

Stamps. 

-hand stamps, dog’s-head stamps, pulley stamps, hammers and anvils for 

stamps. 

-Presses. 

-presses of all sorts, called cutting-out presses; beds or punches to be 

used therewith, either in parts or pieces, or fitted together;—presses for horn 
buttons. 

-Burnishing Stones, commonly called blood stones, either in the rough state 

or finished for use. 

■ - Dies for Horn Buttons. 

-.— parts of Buttons not fitted up into buttons, or in an unfinished state. 

■>-Die-sinking tools of all sorts. 

-Engines for Chasing. 

- ---for making Button-shanks. 

——-Scoring or Shading. 

■ - Frames for making Wearing Apparel. 

- Glass— tools for pinching. 

-purcellas, pincers, shears, and pipes, used in blowing glass. 

- Laps of all sorts. 

-Metal, Bars of, covered with gold or silver. 

■ Rolled, with Silver thereon. 

- Stocks for casting Buckles, Buttons, Rings. 

r Wheels of metal, stone, or wood, for cutting, roughing, smoothing, polishing, 

or engraving glass. 

-Potters’ Wheels and Lathes for plain, round, and engine turning. 

» - - Whips— engines for covering. 

- Wire Moulds for making paper. 

- Tools used by Saddlers, harness makers, and bridle makers, viz. candle 

strainers, side strainers, point strainers, creasing irons, screw creasers, wheel 
irons, seat irons, pricking irons, bolstering irons, clams, and head knives’. 

*** Tea, for the restriction for ships’ use in ships trading to India, see 53 Geo III. 
c. 153. § 9. page 335. 



































REGULATION— Coastwise —ENTRY. 473 

A List of Goods which may be Prohibited to be Exported, by 
Proclamation or Order in Council. 

Arms, Ammunition, and Gunpowder. 

Ashes, Pot and Pearl. 

Military Stores and Naval Stores, and any articles (except Copper) which his Ma¬ 
jesty shall judge capable of being converted into, or made useful in increasing 
the quantity of military and naval stores. 

Provisions, or any sort of Victual which may be used as food by man. 

And if any goods shall be exported, or be waterborne to be exported, 
from the United Kingdom, contrary to any of the prohibitions or re¬ 
strictions mentioned in such table in respect of such goods, the same 
shall be forfeited. §99. 

And whereas it is necessary to make regulations for the coasting 
trade of the United Kingdom, and of the Isle of Man, and that the 
officers of the customs should have cognizance of all ships carrying any 
goods coastwise, from one part of the United Kingdom, or of the Isle 
of Man, to another of the same, and of all goods so carried, in order 
that such trade may be confined to British ships, and that all duties 
levied coastwise* may be duly collected, and that the laws for regulating 
the importation and exportation of goods from and to parts beyond the 
seas may not be evaded ; be it therefore enacted,—that all trade by sea 
from any one part of the United Kingdom to any other part thereof.— 
or from one part of the Isle of Man to another thereof,—shall be 
deemed to be a coasting trade,—and all ships while employed therein 
shall be deemed to be coasting ships ;—and that no part of the United 
Kingdom, however situated with regard to any other part thereof, shall 
be deemed in law,—with reference to each other,—*-to be parts beyond 
the seas, in any matter relating to the trade or navigation or revenue of 
tjiis realm. § 100. 

Lords of treasury to regulate what shall be deemed trading by sea 
under this act. —And whereas some parts of the coast of the United 
Kingdom may be so situated with regard to other neighbouring parts 
thereof, that doubts may arise in some cases whether the passage be¬ 
tween them by water shall be deemed to be a passage by sea, within 
the meaning of this act; and that in other cases, although such passage 
be by sea, it may be unnecessary for the purposes of this act, or of any 
act relating to the customs, to subject ships passing between such places 
to the restraints of coast regulations ; be it therefore enacted,—that it 
shall be lawful for the said commissioners of his Majesty’s treasury to 
determine and direct in what cases—the trade by water from any place 
on the coast of the United Kingdom to another of the same, shall or 
shall not be deemed—a trade by sea within the meaning of this act or 
of any act relating to the customs. § 101. 

Coasting ship confined to coasting voyage. —No goods shall be car¬ 
ried in any coasting ship, except such as shall be laden to be so carried 
at some port or place in the United Kingdom, or at some port or place 
in the Isle of Man respectively ;—and that no goods shall be laden on 
board any ship to be carried coastwise,—until all goods—brought in 
such ship from parts beyond the seas—shall have been unladen;—and 
that if any goods shall be taken into—or put out of—any coasting ship 
at sea or over the sea;—or if any coasting ship shall touch at any place 
over the sea,—or deviate from her voyage,—unless forced by unavoida¬ 
ble circumstances;—or if the master of any coasting ship,—which shall 
have touched at any place over the sea,—shall not declare the same in 
writing under his hand to the collector or comptroller at the port—in 

* These duties repealed by 1 and 2 Win. IV. c 16. 



474 REGULATION— Coastwise —ENTRY OF SHIP. 


the United Kingdom or in the Isle of Man ,—where such ship shall 
afterwards first arrive;—the master of such ship shall forfeit the sum of 
two hundred pounds. §102. 

Before goods be laden or unladen, notice to be given, and proper 
documents to issue* —No goods shall be laden on board any ship in any 
port or place in the United Kingdom, or in the Isle of Man , to be car¬ 
ried coastwise,—nor having been brought coastwise, shall be unladen 
in any such port or place from any ship,—until due notice in writing, 
signed by the master, shall have been given to the collector or comp¬ 
troller, by the master, owner, wharfinger, or agent of such ship,—of 
the intention to lade goods on board the same to be so carried,—or ot 
the arrival of such ship with goods so brought,—as the case may be ;— 
nor until proper documents shall have been granted as hereinafter 
directed for the lading—or for the unlading of such goods;—and such 
goods shall not be laden—or unladen,—except at such times and places 
and in such manner, and by such persons, and under the care ot such 
officers,—as is and are hereinafter directed ;—and all goods laden to be 
so carried,—or brought to be so unladen,—contrary hereto, shall be 
forfeited. § 103. 

Particulars in notice. —In such notice shall be stated the name and 
tonnage of the ship,—and the name of the port to which she belongs,— 
and the name of the master, and the name of the port to which she is 
bound—or from which she has arrived,—and the name or description 
of the wharf or place at which her lading is to be taken in—or dis¬ 
charged,—as the case may be;—and such notice shall be signed by the 
master, owner, wharfinger, or agent of such ship,—and shall be entered 
in a book to be kept by the collector for the information of all parties 
interested;—and every such notice for the unlading of any ship or 
vessel shall be delivered within twenty-four hours after the arrival of 
such ship or vessel,—under a penalty of twenty pounds, to be paid by 
the master of such ship or vessel;—and in every such notice for the 


* With reference to the Board’s general order of the 19 May, 1824, specifying the 
articles exempt from coast regulations on removal from one port in Great Britain to 


another, viz.— 

Live Fish, 

Chippings of Granite, 
Cobble Stones, 

Whin Stones, 

Kentish Rag Stones, 
Flints picked off Land, 
Pebbles, 


Gravel and Chalk, 

Faggots or Bavins for bakers’ use, 
Hay and Straw 
Fresh Meat, 

Soap Ashes for Manure, 

Coal Ashes and Iron Stone. 


I have it in command to acquaint you that these articles are to be considered exempt 
from the coast regulations prescribed by the act of the last session, c. 107. 

I am, Gentlemen, 

Custom-house, London, Your most obedient Servant, 

2 March, 1826. 

Kelp, added by order of 10 May, 1826. 

Bones, solely for manure 1 Dec. 1826. 

Bricks.15 Aug. 1827. 


City Dues .—For the purpose of enabling the mayor, &c. of the city of London to 
collect the dues payable upon the several articles hereinafter mentioned, imported 
coastwise into the port of London, be it enacted, that if any firkins of butter, tons of 
cheese, fish, eggs, salt, fruit, roots eatable, and onions, brought coastwise into the port 
of the said city, and which are liable to the said dues, shall be landed or unshipped at 
or in the said port before a proper certificate of the payment of the said dues shall have 
been obtained, such goods shall be forfeited , and may be seized by any officer of cus¬ 
toms empowered to seize any goods landed without due entry thereof; and such for¬ 
feiture may be sued for, by action of debt, bill, plaint, or information, in any court of 
record at Westminster, in the name of the chamberlain of the said city, on behalf of 
♦he said mayor and commonalty and citizeus. 7 and 8 Geo. IV. c. 56. \ 15. 




REGULATION— Coastwise —SUFFERANCE. 


475 


lading of any ship or vessel shall be stated—the last voyage on which 
such ship or vessel shall have arrived at such port;—and if such voy¬ 
age shall have been from parts beyond the seas, there shall be pro¬ 
duced with such notice,—a certificate from the proper officer of the dis¬ 
charge of all goods, if any, brought in such ship,—and of the due 
clearance of such ship or vessel inwards of such voyage. § 104. 

From and to Ireland. —Upon the arrival of any coasting ship at any 
port in Great Britain from Ireland, —or at any port in Ireland from 
Great Britain, —the master of such ship shall, within twenty-four hours 
after such arrival,—attend and deliver such notice, signed by him, to 
the collector or comptroller;—and if such ship shall have on board any 
goods subject on arrival to any duty of excise,—or any goods which 
had been imported from parts beyond the seas,—the particulars of such 
goods, with the marks and numbers of the packages containing the 
same, shall fie set forth in such notice ;—and if there shall be no such 
goods on board,—then it shall be declared in such notice,—that no such 
goods are on board ;—and the master shall also answer on oath any 
questions relating to the voyage, as shall be demanded of him by the 
collector or comptroller;—and every master who shall fail in due time 
to deliver such notice,—and truly to answer such questions,—shall for¬ 
feit the sum of one hundred pounds. § 105. 

After notice given of lading goods, collector may grant a general 
sufferance. —When due notice shall have been given to the collector or 
comptroller at the port of lading, of the intention to lade goods on 
board any coasting ship,—such collector or comptroller shall grant a 
general sufferance for the lading of goods (without specifying the same) 
on board such ship,—at the wharf or place which shall be expressed in 
such sufferance ;—and such sufferance shall be a sufficient authority for 
the lading of any sort of goods,—except such, if any, as shall be ex¬ 
pressly excepted therein :—Provided always, that before any sufferance 
be granted for any goods prohibited to be exported,—or subject to any 
export duty other than any ad valorem duty,—the master or owner of 
any such ship, or the shipper of such goods, shall give bond,—with one 
sufficient surety, in treble the value of the goods,—that the same shall 
be landed at the port for which such sufferance is required,—or shall 
be otherwise accounted for to the satisfaction of the commissioners of 
his Majesty’s customs. § 106. 

Master of coasting vessel to keep a cargo book. —The master of every 
coasting ship shall keep or cause to be kept a cargo book of the same, 
—stating the name of the ship,—and of the master,—and of the port 
to which she belongs,—and of the port to which bound on each voy¬ 
age ;—and in which book shall be entered, at the port of lading, an 
account of all goods taken on board such ship,—stating the descriptions 
of the packages,—and the quantities and descriptions of the goods 
therein,—and the quantities and descriptions of any goods stowed 
loose,—and the names of the respective shippers and consignees,—as 
far as any of such particulars shall be known to him ;—and in which 
book at the port of discharge shall be noted the respective days upon 
which any of such goods be delivered out of such ship,—and also the 
respective times of departure from the port of lading,—and of arrival at 
any port of unlading ;—and such master shall produce such book for 
the inspection of the coastwaiter, or other proper officer, so often as the 
same shall be demanded, and who shall be at liberty to make and note 
or remark therein ;—and if such master shall fail correctly to keep such 
book, or to produce the same;—or if at anytime there be found on 


476 GENERAL REGULATION. 

board such ship—any goods not entered in the cargo book as laden,—* 
or any goods noted as delivered ;—or if at any time it be found that— 
any goods entered as laden,—or any goods not noted as delivered,—be 
not on board,—the master of such ship shall forfeit the sum of fifty 
pounds ; —and if, upon examination at the port of lading, any package 
>—entered in the cargo book as containing any foreign goods,—shall be 
ound not to contain such goods,—such package, with its contents, 
shall be forfeited;—and if at the port of discharge any package shall 
be found to contain any foreign goods which are not entered in such 
book,—such goods shall be forfeited. § 107. 

Accounts of foreign goods, and of goods subject to coast duty, or 
export duty, to be delivered to collector. —Before any coasting ship shall 
depart from the port of lading, an account,—together with a duplicate 
and triplicate of the same,—all fairly written and signed by the master, 
—shall be delivered to the collector or comptroller;—and in such ac¬ 
count shall be set forth such particulars as are required to be entered 
in the cargo book,—of all foreign goods,—and of all goods subject 
to coast duty,—and of all goods subject to export duty (other than any 
ad valorem duty),—and of all corn, grain, meal, flour, or malt laden 
on board ;—and generally—whether any other British goods, or no 
other British goods be laden on board,—as the case may be;—or 
whether such ship be wholly laden with British goods, not being of 
any of the descriptions before mentioned,—as the case may be ;—and 
the collector or comptroller shall select and retain—two of such ac¬ 
counts,—and shall return the third,—dated and signed by him, and 
noting the clearance of the ship thereon,—and such account shall be 
the clearance of the ship for the voyage,—and the transire for the goods 
expressed therein;—and the collector and comptroller shall transmit 
one of such accounts to the collector and comptroller of the port of 
destination ;—and if any such account be false, or shall not correspond 
with the cargo book,—the master shall forfeit the sum of fifty pounds. 
§108. 

Transire to be delivered to the collector before goods be unladen .— 
Before any goods be unladen from any coasting ship at the port of 
discharge, the master, owner, wharfinger, or agent of such ship—shall 
deliver the transire to the collector or comptroller of such port,—who 
shall thereupon grant an order for the unlading of such ship at the 
wharf or place specified in such order:—Provided always, that if any 
of the goods on board such ship be subject to any duty* of customs or 
excise payable on arrival coastwise at such port,—the master, owner, 
wharfinger, or agent of such ship, or the consignee of such goods, 
shall also deliver to the collector or comptroller—a bill of the entry of 
the particulars of such goods, expressed in words at length, together 
with a copy thereof, in which all sums and numbers may be expressed 
in figures,—and shall pay down all duties of customs,—or produce a 
permit in respect of all duties of excise, which shall be due and pay¬ 
able on any of such goods,—as the case may be,—and thereupon the 
collector and comptroller shall grant an order—for the landing of such 
goods, in the presence or by the authority of the coastwaiter. § 109. 

Collector, in certain cases, may grant general transire for coasting 
vessels. —Provided always, that it shall—be lawful for the collector and 
comptroller, in the cases hereinafter mentioned, to grant for any coasting 
ship—a general transire,—to continue in force for any time not ex- 


* See note, page 473. 




GENERAL REGULATION. 


477 


ceeding one year from the date thereof,—for the lading of any goods 
(except such goods, if any, as shall be expressly excepted therein), 
—and for the clearance of the ship in which the goods shall be laden,— 
and for the unlading of the goods at the place of discharge ; (that 
is to say), 

For any ship regularly trading between places in the river Severn 
eastward of the Holmes : 

For any ship regularly trading between places in the river Humber: 
For any ship regularly trading between places in the Firth of Forth: 
For any ship regularly trading between places to be named in the 
transire, and carrying only, 

Manure, lime, chalk, stone, gravel, or any earth, not being fuller’s earth. 

—Provided always, that such transire shall be written in the cargo 
book hereinbefore required to be kept by the masters of coasting ships : 
—Provided also, that if the collector and comptroller shall at any time 
revoke such transire,—and notice thereof shall be given to the master 
or owner of the ship,—or shall be given to any of the crew when on 
board the ship,—or shall be entered in the cargo book by any officer of 
the customs,—such transire shall become void,—and shall be delivered 
up by the master or owner to the collector or comptroller. § 110. 

Commissioners of customs to appoint coal meters for any port in the 
United Kingdom. —For the better ascertaining and collecting of the 
duties of customs upon coals, culm, or cinders,* it shall be lawful for the 
commissioners of his Majesty’s customs—to appoint proper persons to 
be coal meters in the service of the customs, in and for any port in the 
United Kingdom ;—and such meters shall measure or weigh all coals, 
culm, or cinders, brought coastwise into such port,—and shall give to 
the collector or comptroller a certificate under his hand of the total 
quantities of each unladen from such ship;—and if any such meter 
shall give a false certificate, he shall forfeit and pay the sum of one 
hundred pounds ; —and if any coals, culm, or cinders be landed without 
the presence or permission of a proper meter,—the same shall be for¬ 
feited, together with all duties which may have been paid thereon :— 
Provided always, that nothing herein contained shall extend to repeal 
or in any way alter or affect—any right of appointment of any meters 
possessed under any law or charter by any corporate body at the time 
of the commencement of this act. § 111. 

Coaslwaiter , landing-waiter, or searcher may go on board and ex¬ 
amine any coasting ship. —Tt shall be lawful in any case and at all 
legal times, for the coastwaiter,—and also for the landing waiter,—and 
for the searcher,—and for any other proper officer of the customs,—to 
goon board any coasting ship in any port or place in the United King¬ 
dom or in the Isle of Man, —or at any period of her voyage,—and 
strictly to search such ship,—and to examine all goods on board,—and 
all goods being laden or unladen,—and to demand all documents which 
ought to be on board such ship. § 112. 

Times and places for landing and shipping. —No goods shall be 
unshipped from any ship arriving coastwise in the United Kingdom 
or in the Isle of Man, —and no goods shall be shipped, or water¬ 
borne to be shipped, in the United Kingdom or in the Isle of Man to 
be carried coastwise,—but only on days not being Sundays or holidays 


See note, page 473. 




478 REGULATION—CONSTRUCTION IN GENERAL. 


—and in the daytime,—that is to say,—from the first day of September 
until the last day of March —betweixt sun rising and sun setting,— 
and from the last day of March until the first day of September —be¬ 
tween the hours of seven of the clock in the morning and four of the 
clock in the afternoon ;—nor shall any such goods be so unshipped, 
shipped, or waterborne,—unless in the presence or with the authority 
of tiie proper officer of the customs,—nor unless at places which shall 
be appointed or approved by the proper officer of the customs. § 113. 

Goods prohibited or restrained. —Whenever any goods which may 
be prohibited to be exported by proclamation, or by order in council, 
under the authority of this act, shall be so prohibited,—it shall be 
lawful in such proclamation or order in council to prohibit or restrain 
the carrying of such goods coastwise ;—and if any spirits or any such 
goods shall be carried coastwise, or shall be shipped or waterborne to be 
carried coastwise, contrary hereto, or to any such prohibition or restraint, 
the same shall be forfeited. § 114. 

Construction in general. —And in order to avoid the frequent use of 
numerous terms and expressions in this act, and in other acts relating to 
the customs, and to prevent any misconstruction of the terms and ex¬ 
pressions used therein ; be it further enacted,—that whenever the several 
terms or expressions following shall occur in this act, or in any other act 
relating to the customs, the same shall be construed respectively in the 
manner hereinafter directed; (that is to say,) that the term “ Ship” shall 
be construed to mean ship or vessel generally, unless such term shall be 
u^ed to distinguish a ship from sloops, brigantines, and other classes of 
vessels ;—that the term “ Master” of any ship shall be construed to 
mean the person having or taking the charge or command of such 
ship;—that the term “ Owners” and the term “ Owner” of any ship 
shall be construed alike to mean one owner, if there be only one, and 
any or all the owners, if there be more than one ;—that the term 
“ Mate” of any ship shall be construed to mean the person next in com¬ 
mand of such ship to the master thereof;—that the term “ Seaman” 
shall be construed to mean alike seaman, mariner, sailor, or landsman, 
being-one of the crew of the ship ;—that the term “ British possession” 
shall be construed to mean colony, plantation, island, territory, or set¬ 
tlementbelonging to his Majesty ;—that the term “ PI is Majesty” shall 
be construed to mean his Majesty, his heirs and successors;—that the 
term “ East India company” shall be construed to mean the united 
company of merchants of England trading to the East Indies ; —that 
the term “ Limits of the East India company’s charter” shall be con¬ 
strued to mean all places and seas eastward of the Cape of Good Hope 
to the Straits of Magellan ;—that the terms “ Collector and comp¬ 
troller” shall be construed to mean the collector and comptroller of the 
customs of the port intended in the sentence;—that whenever mention 
is made of any public officer, the officer mentioned shall be deemed to 
be such officer for the time being;—that the term “ Warehouse” shall 
be construed to mean any place, whether house, shed, yard, timber 
pond, or other place, in which goods entered to be warehoused upon 
importation may be lodged, kept, and secured, without payment of 
duty, or although prohibited to be used in the United Kingdom ;— 
that the term “ King’s warehouse” shall be construed to mean any 
place provided by the crown for lodging goods therein for security of 
the customs. § 115. 

The island of Malta and its dependencies shall be deemed to be in 
Europe. § 116. 


REGULATION—GENERAL REGULATIONS. 479 

Weights, measures, currency , management. —All duties, bounties, 
and drawbacks of customs shall be paid and received in every part of 
the United Kingdom and in the Isle of Man in British currency,—and 
according to imperial weights and measures;—and in all cases 
where such duties, bounties, and drawbacks are imposed and allowed 
according to any specific quantity—or any specific value,—the same 
shall be deemed to apply in the same proportion to any greater or less 
quantity—or value;—and all such duties, bounties, and drawbacks 
shall be under the management of the commissioners of the customs. 
§ 117 . 

Collector to take bonds in respect of goods relating to the customs .— 
All bonds relating to the customs, required to be given in respect of 
goods or ships,—shall be taken by the collector and comptroller for the 
use of his Majesty ;—and after the expiration of three years from the 
date thereof,—or of the time, if any, limited therein for the performance 
of the condition thereof,—every such bond upon which no prosecution 
or suit shall have been commenced shall be void, and may be cancelled 
and destroyed. § 118. 

Mode of ascertaining strength of foreign spirits. —And whereas it is 
expedient that the mode of ascertaining the strengths and quantities of 
foreign spirits imported into the United Kingdom,—should at all times 
be exactly similar to the mode in practice for ascertaining the strengths 
and quantities of spirits made within the United Kingdom ;—be it 
therefore enacted,—that the same instruments,—and the same tables 
and scales of graduation,—and the same rules and methods,—as the 
officers of the excise shall by any law in force for the time being be 
directed to use, adopt, and employ—in trying and ascertaining the 
strengths and quantities of spirits made within the United Kingdom, 
for the purpose of computing and collecting the duties of excise payable 
thereon,—shall be used, adopted, and employed by the officers of the 
customs,—in trying and ascertaining the strengths and quantities of 
spirits imported into the United Kingdom, for the purpose of computing 
and collecting the duties of customs payable thereon. § 119. 

Coal owners to deliver two certificates to collector previous to clearance. 
—No ship shall be cleared from any port,—either for a coasting or a 
foreign voyage,—laden with any coals or culm which had not been 
previously brought coastwise into such port,—until the fitter, or the 
coal owner or his agent vending or shipping the same, shall have deli¬ 
vered to the collector or comptroller—two certificates under his hand, 
expressing the total quantities of coals, culm, and cinders respectively 
shipped or intended to be shipped by him in such ship;—and the col¬ 
lector or comptroller shall retain one of such certificates,—and shall deliver 
the other signed by him to the master of the ship;—and every fitter, 
coal owner, or agent, who shall refuse to give such certificates,—or 
shall give a false certificate,—shall forfeit and pay the sum of one hun¬ 
dred pounds ;—and the master of such ship shall keep such certificate, 
—and produce the same to any officer of customs demanding such 
production,—and shall, before bulk be broken, deliver such certificate 
to the collector or comptroller of any port in the United Kingdom to 
which such coals shall be carried in such ship. § 120. 

Officers of customs to take samples of goods. —It shall be lawful for 
the officers of the customs to take such samples of any goods as shall 
be necessary for ascertaining the amount of any duties payable on the 
same ;—and all such samples shall be disposed of and accounted for 


480 REGULATION-GENERAL REGULATIONS. 

in such manner as the commissioners of his Majesty’s customs shall 
direct. § 121. 

Time of an importation and of an exportation defined. —If—upon 
the first levying or repealing of any duty,—or upon the first granting 
or repealing of any drawback or bounty,—or upon the first permitting 
or prohibiting of any importation or exportation,—whether inwards, 
outwards, or coastwise, in the United Kingdom or in the Isle of Man , 
—it shall be necessary to determine the precise time at which—an 
importation—or exportation of any goods made and completed shall be 
deemed to have had effect,—such time, in respect of importation, shall 
be deemed to be—the time at which the ship importing such goods had 
actually come within the limits of the port at which such ship shall in 
due course be reported, and such goods be discharged;—and that such 
time in respect of exportation shall be deemed to be—the time at which 
the goods had been shipped on board the ship in which they had been 
exported;—and that if such question shall arise upon the arrival—or 
departure—of any ship, in respect of any charge or allowance upon 
such ship, exclusive of any cargo,—the time of such arrival shall be 
deemed to be—the time at which the report of such ship shall have 
been or ought to have been made;—and the time of such departure 
shall be deemed to be—the time of the last clearance of such ship with 
the collector and comptroller for the voyage upon which she had de¬ 
parted. § 122. 

Return of duty overpaid .*—If any duty of customs shall have been 
overpaid,—or if after any duty of customs shall have been charged and 
paid, it shall appear that the same had been charged under an erro¬ 
neous construction of the law,—it shall not be lawful to return any 
such overcharge, unless the right to the same shall have been acknow¬ 
ledged or judicially established, and unless the same be duly claimed 
—within three years from the date of such payment. § 123. 

Tonnage or burden of ships declared. —The tonnage or burden of 
every British ship within the meaning of this act, shall be the tonnage 
set forth in the certificate of registry of such ship,—and the tonnage 
or burden of every other ship shall, for the purposes of this act be 
ascertained in the same manner as the tonnage of British ships is ascer¬ 
tained. § 124. 

Officers may refuse master of British ship unless endorsed on register. 
—It shall be lawful for the officers of custom? at any port under British 
dominion where there shall be a collector and comptroller of the 
customs, to refuse to admit any person to do any act at such port as 
master of any British ship,—unless his name shall be inserted in or 
have been endorsed upon the certificate of registry of such ship, as being 
the master thereof,—or until his name shall have been so endorsed by 
such collector and comptroller. § 125. 

Falsifying documents. —If any person shall counterfeit or falsify,— 
or wilfully use when counterfeited or falsified,—any entry, warrant, 
coeket, or transire, or other document, for the unlading, lading, enter¬ 
ing, reporting, or clearing of any ship or vessel, or for the landing or 
shipping of any goods, stores, baggage, or article whatever,—or shall 
by any false statement procure any writing or document to be made for 
any of such purposes,—every person so offending shall for every such 
offence forfeit the sum of two hundred pounds: —Provided always, that 


* See 9 Geo. IV. c. 76. § 6. page 494. 



REGULATION—GENERAL REGULATIONS. 481 


this penalty shall not attach to any particular offence for which any 
other penalty shall be expressly imposed by any law in force for the 
time being. § 126. 

Authority of an agent may be required. —Whenever any person shall 
make any application to any officer of the customs to transact any 
business on behalf of any other person,— it shall be lawful for such 
officer to require of the person so applying, to produce a written autho¬ 
rity from the person on whose behalf such application shall be made; 
—and in default of the production of such authority, to refuse to 
transact sucfi business. § 127. 

Seizures—Ship to include tackle, Sfc.—Goods to include package— 
Goods restricted deemed prohibited. —All goods, and all ships, vessels, 
and boats, which by this act or any act at any time in force relating to 
the customs shall be declared to be forfeited,—shall and may be seized 
by any officer of the customs,—and such forfeiture of any ship, vessel, 
or boat, shall be deemed to include the guns, tackle, apparel, and fur¬ 
niture of the same ;—and such forfeiture of any goods shall be deemed 
to include the proper package in which the same are contained :— 
Provided always, that all goods, the importation of which is restricted, 
either on account of the packages—or the place from whence the same 
shall be brought,—or otherwise,—shall be deemed and taken to be 
prohibited goods;—and if any such goods shall be imported into the 
United Kingdom other than to be legally deposited or warehoused for 
exportation,—the same shall b e forfeited. § 118. 

Restoration of seized goods , ships, vessels, or boats to be in the com¬ 
missioners of customs. —In case any goods, ships, vessels or boats shall 
be seized as forfeited,—or detained as undervalued,—by virtue of any 
act of parliament relating to the customs,—it shall be lawful for the 
commissioners of his Majesty’s customs to order the same to be re¬ 
stored, in such manner and on such terms and conditions as they shall 
think fit to direct;—and if the proprietor of the same shall accept the 
terms and conditions prescribed by the said commissioners, he shall 
not have or maintain any action for recompense or damage on account 
of such seizure or detention,—and the person making such seizure shall 
''not proceed in any manner for condemnation. § 129. 

Remission of forfeitures and penalties by commissioners, on proof of 
innocence of owners and masters. —If any ship shall have become liable 
to forfeiture on account of any goods laden therein or unladen there¬ 
from,—or if the master of any ship shall have become liable to any 
penalty on account of any goods laden in such ship or unladen there¬ 
from,—and such goods shall be small in quantity or of trifling value,— 
and it shall be made appear to the satisfaction of the commissioners of 
his Majesty’s customs, that such goods had been laden or unladen 
contrary to the intention of the owners of such ship,—or without the 
privity of the master thereof, as the case may be,—it shall be lawful for 
the said commissioners to remit such forfeiture,—and also to remit— 
or mitigate such penalty,—as they shall see reason to acquit such 
master of all blame in respect of such offence,—or more or less to 
attribute the commission of such offence to neglect of duty on his part 
as master of such ship;—and every forfeiture and every penalty or 
part thereof so remitted shall be null and void,—and no suit or action 
shall be brought or maintained by any person whatever on account 
thereof. § 130. 

Ships not bringing to at stations, masters to forfeit <£100 —It any 
ship coming up—or departing out of—any port in the United Kingdom, 

2 i 


4S2 REGULATION-GENERAL REGULATIONS. 

or in the Isle of Man , shall not bring to at the proper stations in such 
port—appointed by the commissioners of his Majesty’s customs for the 
boarding—or landing—of officers of the customs,—the master of such 
ship shall for every such offence forfeit the sum of one hundred pounds. 
§ 131. 

Officers may be stationed in ships in the limits of any port. —It shall 
be lawful for the commissioners of his Majesty’s customs, and for the 
collector and comptroller of any port under their directions,—to station 
officers on board any ship while within the limits of any port in the 
United Kingdom or in the Isle of Man ;—and the master of every 
ship on board of which any officer is so stationed shall provide every 
such officer sufficient room under the deck, in some part of the fore¬ 
castle or steerage, for his bed or hammock,—and in case ot neglect or 
refusal so to do, shall forfeit the sum of one hundred pounds. § 132. 

Power to charge rent in King’s warehouse. —Whenever any goods 
shall be taken to and secured in any of the King’s warehouses in the 
United Kingdom or in the Isle of Maji> —for security of the duties 
thereon,—or to prevent the same from coming into home use,—it shall 
and may be lawful for the commissioners of his Majesty’s customs to 
charge and demand and receive—warehouse rent for such goods,—for 
all such time as the same shall remain in such warehouse, at the same 
rate as may be payable for the like goods when warehoused in any 
warehouse in which such goods may be warehoused without payment 
of duty. § 133. 

Power to sell goods not cleared from King’s warehouse. —In case 
such goods shall not be duly cleared from the King’s warehouse within 
three calendar months, (or sooner, if they be of a perishable nature,)— 
it shall be lawful for the commissioners of his Majesty’s customs to 
cause such goods to be publicly sold by auction,—for home use or for 
exportation, as the case may be ;—and the produce of such sale shall 
be applied towards the payment of the duties, if sold for home use, and 
of the warehouse rent and all other charges ;—and the overplus, if any, 
shall be paid to the person authorized to receive the same:—Provided 
always, that it shall be lawful for the said commissioners to cause any 
of such goods to be destroyed as cannot be sold for a sum sufficient to 
pay such duties and charges, if sold for home use,—or sufficient to pay 
such charges, if sold for exportation :—Provided also, that if such 
goods shall have been landed by the officers of the customs, and the 
freight of the same shall not have been paid,—the produce of such sale 
shall be first applied to the payment of such freight. § 134. 

Power to appoint ports and legal quays. —It shall be lawful for his 
Majesty, by his commission out of the court of exchequer, from time to 
time—to appoint any port, haven, or creek in the United Kingdom, or 
in the Isle of Man ,—and to set out the limits thereof,—and to appoint 
the proper places within the same, to be legal quays for the lading and 
unlading of goods:—Provided always, that all ports, havens, and 
creeks, and the respective limits thereof,—and all legal quays—ap¬ 
pointed and set out, and existing as such at the commencement of this 
act, under any law till then in force,—shall continue to be such ports, 
havens, creeks, limits, and legal quays respectively,—as if the same 
had been appointed and set out under the authority of this act. § 135. 

Commissioners may appoint sufferance wharfs. —It shall be lawful 
for the commissioners of his Majesty’s customs, from time to time, by 
any order under their hands,—to appoint places to be sufferance wharfs, 
for the lading and unlading of goods by sufferance, to be duly issued 


REGULATION—LICENSED AGENTS. 483 

by them, or by the proper officers under their directions, in such manner 
and in such cases as they shall see fit. § 136. 

Ships engaged in the carriage, of letters *—No ship or boat ap¬ 
pointed and employed ordinarily for the carriage of letters, shall import 
or export any goods—without permission of the commissioners of his 
Majesty’s customs,—under the penalty of the forfeiture of one hundred 
pouttds, —to be paid by the master of such ship or boat. § 137. 

Apprentices indenture to be enrolled with collector. —No person shall 
be deemed to be an apprentice for the purposes of an Act passed in the 
fourth year of the reign of his present Majesty, intituled, “ An Act for 
regulating the number of apprentices to be taken on board British 
merchant vessels, and for preventing the desertion of seamen —unless 
the indenture of such apprentice shall have been enrolled with the col¬ 
lector and comptroller of the port from which any such apprentice shall 
first go to sea after the date of such indenture,—or in default of 
such enrolment,—until the same shall have been enrolled at some port 
from which the ship in which such apprentice shall afterwards go to 
sea shall be cleared. § 138. 

Persons entering or clearing ships, fyc. as agents, to be licensed and 
give bond. —It shall not be lawful for any person to act as an agent for 
transacting any business at the Custom House in the port of London , 
which shall relate to the entry or clearance of any ship,—or of any 
goods,—or of any baggage,—unless authorized so to do by licence of 
the commissioners of his Majesty’s customs,—who are hereby em¬ 
powered to require bond to be given by every person to whom such 
licence shall be granted, with one sufficient surety, in the sum of one 
thousand pounds , for the faithful and incorrupt conduct of such person 
and of his clerks acting for him :—Provided always, that such bond 
shall not be required of any person who shall be one of the sworn 
brokers of the city of London ; —and if any person shall act as such 
agent, not being so licensed,—or if any person shall be in partnership 
in such agency with any person not so licensed,—such person shall in 
either case for every such offence forfeit the sum of one hundred 
pounds. § 139. 

Treasury may revoke licence. —It shall be lawful for the said com¬ 
missioners of his Majesty’s treasury, by any order under their hands,— 
to revoke any such licence,—and that after a copy of such order shall 
have been delivered to such person or to his clerk, or left at his usual 
place of abode or business,—such licence shall be void. § 140. 

Not to extend to clerks or servants of individuals , nor to clerks in 
long room. —Provided always, that nothing herein contained shall 
extend to prevent the clerk or servant of any person, or of any persons 
in copartnership, from transacting any business at the custom-house, 
on account of—such person or persons, without such licence ;—pro¬ 
vided such clerk or servant shall not transact any such business as 
clerk, servant, or agent to—any other person;—nor to prevent any 
officer or clerk in the long room from passing entries under the autho¬ 
rity of this act. § 141. 

Agent may appoint clerks to act for him only. —It shall be lawful 
for any such agent, or agents in copartnership, to appoint any person 
without licence to be his or their clerk in transacting such agency :— 
Provided always, that no person shall be admitted to be such clerk to 
more than one agent or copartnership of agents,—nor until his name 


# See “ Conveyance of Ship Letters,” p. 334, 335. 
2 i 2 





434 REGULATION—PERFECT ENTRY. 

and residence, and the date of his appointment, shall have been en¬ 
dorsed on the licence of every such agent and signed by him, and 
witnessed by the signature of the collector and comptroller of the cus¬ 
toms,—unless such person shall have been appointed with consent of 
the commissioners of his Majesty’s customs before the commencement 
of this act. § 142. 

Treasury may extend regvlations to other ports. —It shall be lawful 
for the said commissioners of his Majesty’s treasury, by their warrant, 
to be published in the London or Dublin Gazette, to extend the regu¬ 
lations hereinbefore made relating to agents in the port of London , to 
agents at any other port in Great Britain , or at any port in Ireland. 
§ 143* 

Act may be altered this session. —This act may be amended, altered, 
or repealed, by any act to be passed in the present session of parlia¬ 
ment. § 144. 

7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

List of crews of skips from West Indies. —And whereas an act was 
passed in the last session of parliament, 6 Geo. IV. c. 107. and it is 
expedient to alter and amend the same ; be it therefore enacted, that 
so much of the said act as requires that the master of every British ship 
arriving at any port in the United Kingdom, on her return from any 
British possession in America, shall deliver upon oath to the collector 
or comptroller a certain list of the crew of such ship, shall apply only to 
ships so arriving on their return from the West Indies. § 4. 

Perfect entry after bill of sight. —And whereas by the said act it is 
enacted, that no goods shall be unladen from any ship arriving from 
parts beyond the seas, before due entry of such goods shall have been 
made;—and that no entry for the landing of any goods shall be valid, 
unless made in manner therein directed;—and that any goods taken or 
delivered out of any ship, by virtue of any entry not so made, shall be 
deemed to be goods landed without due entry thereof, and shall be 
forfeited ;—and whereas provision is nevertheless made for the landing 
of goods in certain cases by bill of sight, for examination by the im¬ 
porter, in presence of the proper officers, prior to his making a perfect 
entry for the same; be it therefore enacted, that such goods, (although 
landed by bill of sight,) shall not be deemed to be landed, or to be 
delivered out of the ship within the meaning of the said act, except in 
virtue of such perfect entry when the same shall have been made ; and 
that if such perfect entry be not made in manner required by the said 
act for the landing of goods as hereinbefore mentioned, such goods 
shall then be deemed to be goods landed without due entry thereof, 
and shall be forfeited. § 5. 

Restriction on certain articles repealed. —So much of the said act 
made for the general regulation of the customs as prohibits the im¬ 
portation of any Spirits on account of the strength thereof,—and also 
so much of the said act as prohibits the importation of Beef, Pork, or 
Bacon, to be warehoused for exportation only, —shall be and the same 
is hereby repealed; and also so much of the said act as restricts in any 
way the importation of Bonnets, Hats, or Platting of bast or straw, 

* See the 6 Geo. IV. c. 41. as to penalty on agents, entering goods belonging to 
more than one person in the same bond in “ Management,” page440. 



485 


REGULATION—ACTS not REPEALED. 

chip, cane, or horsehair , and also of Cambrics or Lawns, and also of 
Coffee, and also of Or-molu, and also of China-ware or Porcelain, (not 
being the produce of places within the limits of the East India com¬ 
pany’s charter,) and also any Tobacco made up in rolls, being the pro¬ 
duce of and imported from the state of Columbia, and in packages 
containing at least 320 pounds weight of such rolls of tobacco, shall be 
and the same is hereby repealed. § 6. 

Gloves to be imported into port of London only , till bth July, 1827, 
Sfc. —And whereas it is expedient to subject the importation of gloves to 
certain restrictions; be it therefore enacted, that it shall not be lawful 
to import any leather gloves into any port other than the port of Lon¬ 
don until after the bth day of July, 1827,—nor unless in packages, 
each of which shall contain one hundred dozen pairs of such gloves at 
least,—nor unless in ships of the burthen of 70 tons or upwards ;—and 
that such restrictions shall be complied with and enforced in like man¬ 
ner as if the same were set forth in a table, denominated “ A Table of 
Prohibitions and Restrictions Inwards,” contained in the said act for 
the regulation of the customs. § 7. 

Stamps on bonds for plate exported. —All Bonds given to prevent the 
relanding of Plate, (in respect of which any drawback shall be allowed 
upon the exportation thereof,) shall be liable only to the same duties of 
stamps as any bonds given for or in respect of the duties of customs, or 
for preventing frauds or evasions thereof, are or shall be liable to under 
any act for the time being in force for granting duties of stamps. § 8. 

Power to fix rate of rent in the king’s warehouse. —It shall and may 
be lawful for the commissioners of his Majesty’s treasury of the United 
Kingdom of Great Britain and Ireland, or the commissioners of his 
Majesty’s customs, by warrant or order under their hands respectively, 
to fix the amount of warehouse rent to be paid for any goods taken to 
and secured in any of the King’s warehouses in the United Kingdom, 
or in the Isle of Man, for the security of the duties thereon, or to pre¬ 
vent the same from coming into home use. § 9. 

Coast duty ad valorem. —Sect. 10 repealed. 

Coffee imported into the Isle of Man. —It shall be lawful to export 
from the United Kingdom to the Isle of Man,—and to import into the 
Isle of Man direct from the United Kingdom,—without the licence of 
the commissioners of the customs,—any quantity of coffee of the British 
plantations upon which the duty payable in the United Kingdom shall 
have been paid; and that a drawback of fourpence for every pound of 
such coffee shall be allowed upon the exportation thereof. §11. 

Certain acts not to be repealed. —And whereas another act was passed 
in the last session of parliament, c. 105. intituled “ An Act to Repeal 
the several Laws relating to the Customs;” and it is expedient to amend 
the same, in order that certain acts mentioned therein should not be re¬ 
pealed, viz.— 

The 4 Geo. IV. c. 25. intituled “ An Act for regulating the Number 
of Apprentices to be taken on board British Merchant Vessels, and for 
preventing the Desertion of Seamen therefrom — 

43 Geo. III. c. 25. intituled “An Act for the better securing the 
Freedom of Elections of Members to serve in Parliament for any Place 
in Ireland, by disabling certain Officers employed in the Collection and 
Management of his Majesty’s Revenues in Ireland from giving their 
Votes at such Elections — 

6 Geo. II. c. 13. intituled “ An Act for the better securing and 


486 


REGULATION—ACTS not REPEALED. 


encouraging the Trade of his Majesty’s Sugar Colonies in America,” so 
far as imposes any duty to be paid to his Majesty ;— 

7 Geo. III. c. 46. intituled “ An Act for granting certain Duties 
in the British Colonies and Plantations in America, for allowing a 
Drawback of the Duties of Customs upon the Exportation from this 
Kingdom of Coffee and Cocoa Nuts of the Produce of the said Colonies 
and Plantations, for discontinuing the Drawbacks payable on China 
Earthenware exported to America, and for more effectually preventing 
the Running of Goods in the said Colonies and Plantations,” so far as 
imposes any duty to be paid to his Majesty ;— 

4 Geo. IV. c. 30. intituled “ An Act to regulate the Importation 
and Exportation of certain Articles subject to Duties of Excise, and 
certain other Articles, the produce and manufacture of Great Britain 
and Ireland respectively, into and from either Country, from and to the 
other,” so far as relates to the excise, and which were enumerated in the 
said act, shall be and the same is hereby repealed. § 50. 

Certain acts of last session to be repealed. —And whereas by the said 
act passed in the last session of parliament, to repeal the several laws 
relating to the customs, the several acts and parts of acts, therein par¬ 
ticularly enumerated and referred to, (passed prior to the last session of 
parliament,) are repealed,—or will, from and after the 5th day of July, 
1826,—be repealed;—and it is expedient to repeal also several acts 
passed in the last session of parliament; be it therefore enacted, that 
the several acts hereinafter mentioned, passed in the last session of par¬ 
liament, shall be and the same are hereby repealed ; that is to say, an 
act intituled— 

6 Geo. IV. c. 13. “ An Act to reduce the Duties on Wine, Coffee, 
and Hemp, imported into the United Kingdom — 

6 Geo. IV. c. 73. intituled “ An Act for further regulating the Trade 
of his Majesty’s Possessions in America and the West Indies, and for 
the Warehousing of Goods therein — 

6 Geo. IV. c. 76. intituled “ An Act to extend to the Island of 
Mauritius the Duties and Regulations which relate to the British Islands 
iii the West Indies — 

6 Geo. IV. c. 104. intituled “ An Act to repeal certain Duties of 
Customs, and to grant other Duties in lieu thereof; to continue, until 
the 5th day of July, 1826, the Bounties on refined Sugar; and to 
alter the Bounty on Cordage.” § 51. 

General repeal of the laws of the customs , except certain laws herein- 
'after described or enumerated to be saved.—Certain acts to be saved.— 
Dublin coal acts.—Harbour and Dock acts.—Local and personal acts. 
—Duties for particular purposes—Churches.—Excise acts. — Jurisdic¬ 
tion in Ireland or Newfoundland.—Exportation of tea not to be pre¬ 
vented. —“ And whereas by the said act of the last session of parlia¬ 
ment for repealing the several laws relating to the customs, tooether 
with this act, all the laws relating to the customs, made prior to the 
said act, are repealed, or are intended to be repealed, save and except 
certain acts hereinafter mentioned or described, relating to some par 
ticular subjects, and which are not intended to be repealed: and whereas, 
in conjunction with the said act, passed in the last session of parliament 
to repeal the laws of the customs, several other acts were passed for 
consolidating the laws of the customs, in order, as therein stated, that 
the purposes for which the former laws so repealed had, from time to 
time been made, should be secured by new enactments, exhibiting more 
perspicuously and compendiously the various provisions contained in 


REGULATION. 


467 


them, and which several acts came into force and operation on the 6th 
day of January in the present year; and whereas it is expedient that 
no doubt should remain whether any, or what, if any, former or other 
acts relating in any way to the customs, continue to have any force;” 
be it therefore enacted, that all statutes and acts, and all parts of sta¬ 
tutes and acts, made in the respective parliaments of England, of Great 
Britain, of Ireland, and of the United Kingdom, relating to the revenue 
of customs,—to navigation,— or to the prevention of smuggling,—in 
any part of the British dominions, which were in force on the said 5th 
day of January, 1826, besides the several acts and parts of acts expressly 
repealed by the said repealing act of last session, as hereinbefore 
amended, and by this act, shall be and the same are hereby repealed; 
save and except such acts and parts of acts as are hereinafter mentioned 
or described, and declared to be saved and excepted from the effect of 
this general repeal; that is to say,— 

The 18 Geo. III. c. 12. intituled “ An Act for removing all Doubts 
and Apprehensions concerning Taxation by the Parliament of Great 
Britain in any of the Colonies, Provinces, and Plantations in North 
America and the West Indies; and for repealing so much of an Act 
made in the seventh year of the reign of his late Majesty, as imposes a 
Duty on Tea imported from Great Britain into any Colony or Planta¬ 
tion in America, as relates thereto ;”— 

And also so much of any act, or the part of any act, now in force, 
which was passed prior to the last-mentioned act, and by which any 
duties in any of the British possessions in America were granted, and 
still continue payable to the crown, as relates to the collection and ap¬ 
propriation of such duties ;— 

The 31 Geo. III. c. 31. intituled “ An Act to repeal certain Parts of 
an Act passed in the fourteenth year of his Majesty’s reign, intituled 
* An Act for making more effectual Provisions for the Government of 
the Province of Quebec in North America, and to make further Pro¬ 
visions for the Government of the said Province — 

51 Geo. III. c. 47. intituled “ An Act for carrying into effect 
the Provisions of a Treaty of Amity, Commerce, and Navigation, con¬ 
cluded between his Majesty and his Royal Highness the Prince Regent 
of Portugal— 

59 Geo. III. c. 54. intituled “ An Act to carry into effect a 
Convention of Commerce concluded between his Majesty and the 
United States of America, and a Treaty with the Prince Regent of 
Portugal— 

The acts relating to Corn repealed by 9 Geo. IV. c. 60. 

56 Geo. III. c. 127. intituled “ An Act to reduce the Duty on 
the Exportation from Great Britain of Small Coals of a certain descrip¬ 
tion — 

59 Geo. III. c. 69. intituled “ An Act to prevent the Enlisting 
or Engagement of his Majesty’s Subjects to serve in Foreign Service, 
and the fitting out or equipping, in his Majesty’s Dominions, Vessels 
for warlike Purposes, without his Majesty’s Licence;”— 

4 Geo. IV. c. 77. intituled “ An Act to authorize his Majesty, 
under certain Circumstances, to regulate the Duties and Drawbacks on 
Goods imported or exported in Foreign Vessels, and to exempt certain 
Foreign Vessels from Pilotage,” as the said act is amended by the 5 
Geo. IV. c. 1;— 

4 Geo. IV. c. 80. intituled “ An Act to consolidate and amend 


488 


REGULATION. 


the several Laws now in force with respect to Trade from and to Places 
within the Limits of the Charter of the East India Company, and to 
make further Provisions with respect to such Trade ; and to amend an 
Act of the present Session of Parliament for the registering of Vessels, 
so far as relates to Vessels registered in India— 

4 Geo. IV. c. 88. intituled “ An Act for regulating Vessels car¬ 
rying Passengers between Great Britain and Ireland — 

5b Geo. III. c. 57. intituled “ An Act to repeal the Provisions 
of former Acts, granting exclusive Privileges of Trade to the South Sea 
Company, and to indemnify the said Company for the loss of such Pri¬ 
vileges;” and also amended by the 55 Geo. III. c. 141 ;— 

5 Geo. IV. c. 64. intituled “ An Act to amend the several Acts 
for the Encouragement and Improvement of the British and Irish 
Fisheries;” and all other acts and parts of acts relating to the said 
Fisheries, which were in force upon the said 5th day of January, 
1826;— 

6 and 7 Will. III. c. 10. 15 Geo. III. c. 27. 31 Geo. III. c. 36. 
which several acts relate to certain keel-boats and carriages, and for 
loading coals on board ships ;— 

6 Geo. IV. c. 78. intituled “An Act to repeal the several Laws 
relating to the Performance of Quarantine, and to make other Provisions 
in lieu thereof;”— 

43 Geo. III. c. 25. intituled “ An Act for the better securing 
the Freedom of Elections of Members to serve in Parliament for any 
Place in Ireland, by disabling certain Officers employed in the Collec¬ 
tion or Management of his Majesty’s Revenues in Ireland from giving 
their Votes at such Elections ;”— 

4 Geo. IV. c. 25. intituled “ An Act for regulating the Number 
of Apprentices to be taken on board British Merchant Vessels, and for 
preventing the Desertion of Seamen therefrom —and which act it is 
hereby declared and enacted doth and shall extend to Ireland ; — 

21 and 22 Geo. III. (Ireland) for the Improvement of the city 
of Dublin, by making wide and convenient passages through the same, 
and for regulating the coal trade thereof, and any act or acts for amend¬ 
ing or continuing the same;— 

Also —save and except all such acts and parts of acts as relate to 
the maintaining or improving of any harbours, havens, ports, rivers, 
piers, lighthouses, docks, canals, basins, or warehouses ;— 

All acts and parts of acts which are of a local or personal nature, 
(not being public general acts,) although declared public;— 

All acts and parts of acts whereby any duties are made applicable to 
any particular purpose, or for the use or benefit of any particular per¬ 
son or persons, or body or bodies corporate or politic,—or of any society 
or company;— 

All acts whereby any drawback of duty is granted in respect of ma¬ 
terials used in building of Churches and Chapels ;— 

All acts and parts of acts relating to the Excise, so far only as the 
provisions of any of such acts might and are to be put in force by the 
commissioners of the excise or their officers in the United Kingdom,— 
or by the commissioners of customs or their officers in Ireland ;— 

And also so much of any acts which create or regulate any jurisdic¬ 
tion for the trial of offences in Ireland ,—or in Newfoundland ,—against 
the laws of Customs, Navigation, or Excise, as shall be in force imme¬ 
diately before the passing of this act:—Provided always, that nothing 
herein contained, or in any other act or acts contained, relating to the 


REGULATION. 


189 


excise, shall extend to prevent the exportation of tea * from the ware¬ 
house in like manner as other goods warehoused upon the first entry 
thereof may be exported under the laws of the customs,—any thing in 
any law relating to the excise to the contrary notwithstanding. All 
which said several acts so saved and excepted shall continue in such 
force and effect, to all intents and purposes, as if this act had not been 
passed. § 52. 

7 and 8 Geo. IV. c. 56. 

An Act to amend the Laws relating to the Customs. 

Demand for delivery of goods from warehouse, to be deemed a de¬ 
livery. —Whereas by one of the said acts, intituled “ An Act for the 
general Regulation of the Customs,” it is enacted, that no entry, nor 
any warrant for the taking of any goods out of any warehouse, shall be 
valid, unless made in manner therein directed ; and that any goods 
taken or delivered out of any warehouse by virtue of any entry not so 
made, shall be deemed to be goods taken without due entry thereof; 
and doubts have arisen whether such goods can be deemed to be taken 
or delivered, until they be actually removed away from the warehouse, 
and out of the custody of the officers of the customs; it is therefore 
enacted, that when demand shall have been made for the delivery, or 
for any order for the delivery, of any goods in virtue of any such entry, 
such goods shall be deemed to have been taken and delivered within the 
meaning of the said act. § 2. 

Prohibition of importation of beef and pork salted, and of cattle from 
Isle of Man, repealed. —So much of the said last-mentioned act as pro¬ 
hibits the importation of beef or pork salted, not being beef or pork 
commonly called corned beef or pork, and also so much of the said act. 
as prohibits the importation of cattle, sheep, swine, beef, lamb, mutton, 
or pork, from the Isle of Man, being the produce of that island, are 
hereby repealed. § 3. 


9 Geo. IV. c. 18. 

An Act to repeal the Stamp Duties on Cards and Dice made in the 
United Kingdom, and to grant other Duties in lieu thereof; and to 
amend and consolidate the Acts relating to such Cards and Dice , 
and the Exportation thereof. 

Playing cards or dice , not being stamped for home use , may be ex¬ 
ported under the regulations herein mentioned. —And whereas it is ex¬ 
pedient to permit the exportation of playing cards and dice, without the 
same being stamped for use in the United Kingdom, and without hav¬ 
ing paid the duties imposed by this act, and that regulations should be 
made with respect to such exportation; be it therefore enacted, that 
playing cards or dice, not being stamped for use in the United Kingdom, 
and not having paid the duties imposed by this act, may be exported 
under the conditions and regulations hereinafter mentioned and set 
forth ; that is to say, before such playing cards or dice, not having 
been stamped for use in the United Kingdom, not having paid the 
duties imposed by this act, shall be removed from the licensed house or 
place of any maker thereof, for the purpose of being exported from 

* But tea not to be removed to Ireland until duty be paid. 9 Geo. IV. c. 44. § 3, 





490 


REGULATION—CARDS AND DICE. 

the United Kingdom to any parts beyond the seas, or to the Isle of 
Man , three days’ notice in writing shall be given to the proper officei 
at the head office of stamps in London or Dublin respectively, or at 
the office of the distributor of stamps, at Cork, (so long as it shall be 
lawful to make cards at Cork,') by the licensed maker thereof, of the 
quantity intended to be exported, the port or place in the United King¬ 
dom from whence the same are intended to be exported, the name of 
the ship or vessel, and of the master thereof, in which the same are 
intended to be exported, and the port or place and country to which the 
same are intended to be carried and conveyed;—and such maker shall 
within such space of three days enter into a bond, with sufficient surety, 
to be approved by the commissioners of stamps or their officer, to 
his Majesty, his heirs, or successors, in the penal sum of treble the 
amount of all the duties which would be payable on such cards or dice 
respectively if the same had been made or intended for use or sale in 
the United Kingdom, conditioned to export such cards or dice, in the 
ship or vessel to be named in such bond, to some port or place beyond 
the seas, to be mentioned in such bond, within a time to be limited in 
such bond, and to land the same (the dangers of the seas excepted) in 
such port or place, and not to lade or put any such cards or dice on 
board any other ship or vessel, either in any port or place in the United 
Kingdom, or elsewhere, or at open sea, and that such cards or dice, or 
any part thereof, shall not be relanded in any part of the United King¬ 
dom,—and also conditioned to produce to the said commissioners, within 
the respective times hereinafter mentioned, a certificate that such cards 
or dice have been duly landed at such port or place;—and after the 
expiration of such three days mentioned in such notice, a certificate 
under the hand of some officer of stamps shall be given, expressing the 
several matters required in such notice, and also certifying that such 
bond has been given according to the provisions of this act for the ex¬ 
portation of any such cards or dice, and shall be delivered to the proper 
officer of the customs at such port or place in the United Kingdom 
from which such cards or dice are intended to be exported, and such 
certificate shall be given and received without fee or reward;—and after 
such notice shall have been given, and such bond as hereinbefore men¬ 
tioned shall have been duly made and executed, and such certificate 
granted, (but not otherwise,) it shall and may be lawful for any licensed 
maker to remove such playing cafds or dice intended for exportation, 
when completely finished for use, from the house or place where the 
same shall be made, without payment of any duties for the same ;— 
provided that every pack of such playing cards shall contain an ace of 
spades duly marked or stamped with the proper mark or stamp ap¬ 
pointed to be used for cards to be exported ;—and provided also, that 
such cards or dice shall, before being so removed, be respectively en¬ 
closed in packs or pairs in such wrappers or jews as the commissioners 
of stamps shall approve, and shall be tied and fastened by a label or 
thread or seal marked with the proper mark, stamp, or device ap¬ 
pointed to be used for cards or dice to be exported ;—and all such cards 
or dice so entered for exportation shall be laden or put on board the 
ship or vessel mentioned in such bond as aforesaid in the presence of 
the proper officer of customs. § 28. 

How bonds shall be discharged. —Such bond hereinbefore directed 
to be given with relation to cards and dice exported shall be discharged 
upon producing to the said commissioners of stamps, within the re¬ 
spective times hereinafter limited, a certificate that the cards or dice in 


REGULATION—CARDS AND DICE. 491 

such bond mentioned were duly landed in the proper port or place 
beyond the seas; that is to say—within six months from the date of 
such bond, in the case of cards or dice entered to be landed in any port 
or place in the Isle of Man ; —and within twelve months from the date 
of such bond, in the case of cards or dice entered for or landed in any 
other port or place in Europe;— and within eighteen months from the date 
of such bond in the case of cards or dice entered for or landed in any of 
his Majesty’s colonies or plantations in America or Africa, or in any 
of the territories of the United States of America; —and within twenty- 
four months from the date of such bond, in the case of cards or dice 
entered for or landed in any port or place at or beyond the Cape of 
Good Hope; —and every # such certificate for such cards or dice as afore¬ 
said, which shall be landed at any port or place where any officer of his 
Majesty’s customs shall be resident, shall be signed by the proper officer 
of his Majesty’s customs there; and if no officer of his Majesty’s 
customs shall be resident there, then by the British consul, or other 
person acting as such there; and if no officer of customs or British 
consul, or other person acting as such, shall be there resident, then 
such certificate shall be under the seal of the chief magistrate in such 
port or place, or under the hands and seals of two known British 
merchants, then being at such port or place:—Provided always, that if 
in any case it shall be proved that such cards or dice so exported were 
taken by enemies, or were lost in the seas or by fire, the examination 
and proof whereof shall be left to the judgment of the commissioners 
of stamps, then, and in such case it shall be lawful for the said com¬ 
missioners and they are hereby authorized to discharge such bond. 
§ *29. 

Cards or dice exported contrary to law, or relanded after entry for 
export , may be seized, fyc. —All playing cards and dice which shall be 
exported contrary to the directions of this act, or which, after entry 
thereof for exportation, shall be landed at or found in any place in the 
United Kingdom,—or which shall be landed at or found in the Isle of 
Man after entry thereof for exportation elsewhere than to the said Isle, 
(except for the purpose of exporting the same under the regulations of 
this act), shall be forfeited, and shall and may be seized by any officer 
of customs or excise, and may be proceeded upon to condemnation, 
according to any laws of customs or excise then in force, or may be 
seized and carried away by any officer of stamps, or person duly autho¬ 
rized by the commissioners of stamps, and shall and may be lodged 
and secured in any place appointed by the said commissioners for that 
purpose, and shall be sold or destroyed as the commissioners shall 
direct;—and if any person shall sell or expose to sale, or shall offer for 
use, in any part of the United Kingdom,—or shall knowingly have in 
his possession or upon his premises,—or shall use or permit to be used 
in any place in the United Kingdom,—any playing cards marked, 
stamped, and distinguished as cards for use in the Isle of Man , or for 
exportation, such cards shall be forfeited, and may be seized and 
carried away, and lodged and secured as above in this act provided ;— 
and every person so offending, for every pack of cards so sold or ex¬ 
posed to sale, or offered for use, or used or permitted to be used, or in 
the possession of such persons, contrary to this act, shall forfeit the sum 
of twenty pounds. § 30. 

Penalty on fraudulently relanding cards, after entry and shipment 
for exportation, elsewhere than in the port of consignment. —If any 
person shall reland, or shall cause or procure to be relanded, or shall 


402 


REGULATION-CARDS AND DICE. 

assist in the relanding, in any part of the United Kingdom, any parcel 
of cards or dice after the same shall have been entered and shipped for 
exportation from any part of the United Kingdom, or shall land such 
cards or dice, or cause the same to be landed, in any port or place 
other than the port or place to which such cards or dice shall be con¬ 
signed and named in the certificate to be delivered by the officer of 
stamps to the officer of customs in pursuance of this act, every such 
person shall for every such offence forfeit and pay the sum of fifty 
pounds. § 31, 

No cards to be exported into or used in the Isle of Man, unless 
stamped for such island, or for use in the United Kingdom. —It shall 
not be lawful for any person to put on boafd any ship or vessel for 
exportation to the Isle of Man , or to import into or to use in that 
island, any playing cards, unless in packs each containing an ace of 
spades stamped or marked with the stamp or device appointed by the 
commissioners of stamps for cards intended for use in the Isle of Man, 
in the manner by this act directed, or an ace of spades duly stamped or 
marked for sale or use in the United Kingdom ;—and all playing cards 
not being in packs each containing an ace of spades duly stamped and 
marked for use in the Isle of Man or in the United Kingdom, which 
shall be put on board, or shall be brought to any wharf or place to be 
put on board, any ship or vessel, for exportation to the Isle of Man, —or 
which shall be imported into or found in the Isle of Man , shall be for¬ 
feited; —and all playing cards which, having been duly put on board, or 
brought to any wharf to be put on board, any ship or vessel, for ex¬ 
portation to the Isle of Man, or having been duly imported into or found 
in the Isle of Man , shall be relanded or found in any other part of the 
United Kingdom, except for the purpose of shipping the same under the 
regulations of this act, shall also b c forfeited ;—and all cards so forfeited 
shall and may be seized by any officer of customs or excise, and shall 
and may be proceeded upon to condemnation, according to any laws 
of customs or excise in force at the time, or may be seized and carried 
away by any officer of stamps, or person duly authorized thereto, and 
lodged and secured in any place appointed for that purpose;—and every 
person who shall sell or expose to sale, or shall offer for use, or shall 
use or permit to be used, in any part of the Isle of Man, or shall 
knowingly have in his possession or upon his premises within the said 
island, any playing cards or ace of spades made within the United 
Kingdom for exportation,—or any pack of cards not containing an ace of 
spades stamped or marked for use in the Isle of Man —or in the United 
Kingdom as aforesaid,—shall for every such pack of cards or ace of 
spades forfeit and pay the sum of twenty pounds , to be sued for and 
recovered in the same manner as any penalty incurred in the said 
island under any act relating to the revenue of customs may be sued for 
and recovered under such act:—Provided always that nothing in this 
act contained shall alter or affect any thing respecting the exportation 
of playing cards to the Isle of Man , contained in an act made and 
passed in the sixth year of the reign of his present Majesty, intituled 
“An Act for regulating the Trade of the Isle of Man.” § 32. 

Foreign cards without name of foreign maker , or with any British 
cardmaker’s name thereon, not to be warehoused under 6 Geo. IF. c. 
112. but to be seized and forfeited. —No playing cards which, having 
been made out of the United Kingdom, shall be imported into any part 
thereof [or] shall be deposited in any warehouse pursuant to an act passed 
in the sixth year of the reign of his present Majesty, intituled “ An 


REGULATION—CLOCKS. 


493 


Act for the Warehousing of Goods,” unless the name and place of re¬ 
sidence of the foreign maker of such cards be printed or marked in 
distinct and legible characters on one card of every pack of such cards, 
and on every wrapper thereof;—and if any one or more of such cards, 
or any wrapper, jew, label, or other paper, matter, or thing, enclosing, 
annexed to, or deposited with any one or more of such cards, shall be 
printed or marked in any way with the name of any maker of cards 
duly licensed within the United Kingdom, such cards shall not be per¬ 
mitted to be warehoused under the said recited act, any thing in the 
said act to the contrary in anywise notwithstanding;—and all such 
foreign cards, wrappers, jews, labels, and other things on which the 
name and place of residence of the foreign maker thereof shall not be 
printed or marked in distinct and legible characters as aforesaid, or on 
any of which shall be printed or marked the name of any maker of 
cards duly licensed within the United Kingdom, shall be forfeited, and 
may be seized by any officer of customs or excise, and proceeded upon 
to condemnation, according to any laws of customs or excise then in 
force. § 33. 


9 Geo. IV. c. 44. 

An Act to provide for the Execution, throughout the United Kingdom, 
of the several Laws of Excise, relating to Licences and Survey on 
Tea , Coffee, Cocoa, Pepper, Tobacco, Snuff, Foreign and Colonial 
Spirits and Wine, notwithstanding the Transfer to the Customs of 
the Import Duties on any of such Commodities. 

Tea not to be sent to Ireland without payment of excise duty. —It 
shall not be lawful to send, remove, or convey any tea from Great Bri¬ 
tain to Ireland,—nor to deliver any tea out of any warehouse in Great 
Britain for the purpose of being sent, removed, or conveyed to Ireland,— 
until the full duty of excise on such tea shall have been paid and satis¬ 
fied. § 3. 

Coffee and cocoa not to be subject to permits. —So much of any act or 
acts as relates to the requiring of Permits for the removal of Coffee or 
Cocoa, repealed. § 5. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Packages for Wine or for Segars. —So much of 6 Geo. IV. c. 107. for 
the general regulation of the customs, as restricts the importation of 
Wine except in certain quantities,—and also so much of the said act as 
prohibits the importation of Segars in packages containing one hundred 
pounds weight of segars,—repealed. § 3. 

Clocks, 8fc. with false marks, prohibited. —It shall not be lawful to 
import any clock nor any watch impressed with any mark or stamp ap¬ 
pearing to be or to represent any legal British assay mark or stamp, 
or purporting by any mark or appearance to be of the manufacture of 
the United Kingdom,—or not having the name and place of abode of 
some foreign maker abroad visible on the frame and also on the lace, 
or not being in a complete state with all the parts properly fixed in the 
case .— an d suc h prohibition shall be complied with and enforced in like 
manner as if the same were set forth in a certain Table, denominated 


494 REGULATION—OVERCHARGE— SILKS. 

«« A Table of Prohibitions and Restrictions Inwards,” contained in the 
said act for the general regulation of the customs. § 4. 

Prohibited goods from Guernsey , fyc. —No goods which are pro¬ 
hibited to be imported into the United Kingdom from foreign countries 
shall be imported from any of the islands of Guernsey , Jersey , Alderney , 
Sark , or Man, although the manufacture of any of those islands, if the 
materials of which such goods be made are the produce of any foreign 
country ;—and this prohibition shall be obeyed and enforced in like man¬ 
ner as if the same were set forth in a certain Table contained in the 
said act for the general regulation of the customs, and denominated “ A 
Table of Prohibitions and Restrictions Inwards.” § 5. 

Duties overcharged not to be repaid after three years—What deemed 
a legal claim. —“ And whereas by the said last-mentioned act it is 
enacted, that no overcharge of duty shall be returned, unless the same 
be claimed within three years from the date of the payment; and 
much inconvenience has arisen, as well from the uncertainty in many 
cases of the proceeding which shall constitute a claim, as from the neg¬ 
lect of parties, after a claim or supposed claim has been made, in pro¬ 
secuting the adjustment of their demand, according to the true meaning 
of the law it is therefore enacted,—that from and after the 5th January, 
182.9, no Overcharge of duty of customs shall be returned,- nor shall 
any Certificate or other Document granted for the return of any such 
overcharge be paid unless such certificate or other document he pre¬ 
sented for payment within three years from the day on which such duty 
had been paid. § 6. 


10 Geo. IV. c. 23. 

An Act to impose Duties on the Importation of Silk and Silk Goods , 
and to allow Drawbacks on the Exportation thereof 

Restrictions on importation of silk manufactures. —It shall not be 
lawful to import into the United Kingdom any manufactures of silk in 
any ship or vessel which is not of the burthen of seventy tons or upwards, 
except as hereinafter provided;—nor to import any such manufactures, 
being the manufactures of Europe, into any port, except into the port 
of London—or into the port of Dublin direct from Bourdeaux,—or into 
the port of Dover direct from Calais :—and this restriction shall be en¬ 
forced in like manner as if the same were set forth in a table denomi¬ 
nated “ A Table of Prohibitions and Restrictions Inwards,” contained 
in the 6 Geo. IV. c. 107. intituled “ An Act for the general regulation 
of the Customs.” § 2. 

Licence may be granted to import from Calais to Dover. —It shall be 
lawful for the commissioners of the customs from time to time, and 
upon such security as they shall require, to grant their licence for any 
vessel belonging to the port of Dover to import such manufactures into 
that port direct from the port of Calais, although such vessel may not be 
of greater burthen than sixty tons. § 3. 

10 Geo. IV. c. 43. 

An Act to amend the Laws relating to the Customs. 

Entry by bill of store.—" And whereas by the Act for the general 
regulation of the Customs, (§ 32. see page 451.) it is enacted, that it 


REGULATION—STAMPING GOODS. 495 

shall be lawful to reimport into the United Kingdom, from any place, 
in a ship of any country, any goods (except as therein excepted) which 
shall have been legally exported, and to enter the same by bill of store ; 
and it is expedient to limit the time for entering such goods by bill of 
store it is therefore enacted, that from and after the passing of this act 
no entry by bill of store shall be received, unless the goods for which 
such entry is required shall be re-imported within six years from the 
date of their exportation ;—but such goods shall be deemed to be 
foreign goods, whether originally such or not,—and shall also be deemed 
to be imported for the first time into the United Kingdom. § 4. 

Importation of spirits in square-rigged vessels. —So much of the said 
act as prohibits the importation of Spirits in bottles into the United 
Kingdom, (except in cases containing not less than three dozen reputed 
quart bottles,) shall not extend or be deemed to extend to prohibit the 
importation of spirits in square-rigged vessels,—provided such spirits 
are contained in glass bottles. § 5. 

Certain imported goods may be stamped by commissioners of customs. 
—“ And whereas by the laws now in force certain articles subject to an 
inland duty of excise are required to be stamped, to denote the payment 
of such duty; and, to prevent fraud in the evasion of such duty, it is 
expedient that foreign articles of a similar description, when imported, 
should be stamped with such mark or stamp as the commissioners of his 
Majesty’s customs may deem necessary, in order to distinguish the 
foreign from the British articleit is therefore enacted, that from and 
after the passing of this act it shall be lawful for the commissioners of 
his Majesty’s customs,—after any goods have been entered at the Custom¬ 
house, and before the same shall be discharged by the officers, and de¬ 
livered into the custody of the importer or his agent,—to mark or stamp 
such goods, in such manner and form as they may deem fit and pro¬ 
per for the security of the revenue, and by such officer as they shall 
direct and appoint for that purpose. § 6. 

Order as to such stamping to be published in the Gazette. —Every 
order made by the said commissioners, in respect of marking or stamp¬ 
ing anv goods, shall be published in the London Gazette and Dublin 
Gazette. § 7. 

Forging such mark , Sfc. t penalty. —And if any person shall forge or 
counterfeit any mark or stamp which shall be provided and used for the 
purposes of this act,—or shall forge or counterfeit the impression of any 
such mark or stamp—or shall sell or expose to sale—or have in his custody 
or possession,—any goods with a counterfeit mark or stamp, knowing 
the same to be counterfeit,—or shall use or affix any such mark or stamp 
to any other goods required to be stamped as aforesaid, other than that 
to which the same was originally affixed, every such offender, his aiders, 
abettors, and assistants, shall for every such offence forfeit the sum of 
two hundred pounds. § 8. 

Sail cloth as to stamp of name. —So much of the 9 Geo. II. c. 37. 
intituled “ An Act for further encouraging and regulating the Manu¬ 
facture of British Sail Cloth, and for the more effectual securing the 
Duties now payable on foreign Sail Cloth imported into this kingdom,” 
as directs that the name and place of abode of the manufacturer of any 
British sail cloth shall be stamped on the same, and also so much of 
the said act as imposes any penalty relating thereto, shall be repealed. 

§9. 


496 


REGULATION. 
2 Wm. IV. c. 34. 




An Act for consolidating and amending the Laws against Offences re¬ 
lating to the Coin . (23 May , 1832.) 

Importing Counterfeit Coin .—If any Person shall import into the 
United Kingdom from beyond the seas any foreign or counterfeit Coin 
resembling, or apparently intended to resemble or pass for, any of the 
King’s current Gold or Silver Coin, knowing the same to be false or 
counterfeit; every such person shall in England and Ireland be guilty 
of felony,—and in Scotland of a high crime and offence, and being 
convicted thereof shall be liable, at the Discretion of the Court, to be 
transported beyond the Seas for Life, or for any Term not exceeding- 
seven years, or to be imprisoned for any term not exceeding four years. 
§ 6 . 


2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Certificate for the landing of goods at Guernsey or Jersey repealed .— 
Whereas by the 6 Geo. IV. c. 107. §87., it is enacted,—(see the clause, 
page 468,)—and it is expedient to repeal so much of the said act; 
be it therefore enacted, that no certificate shall be required of the due 
landing of drawback or bounty goods in any of the said islands. § 3. 

Natives of Africa. —And be it further enacted, that the master of 
every vessel coming from the coast of Africa, and having taken on board 
at any place in Africa any person or persons being or appearing to be 
natives of Africa, shall, in addition to all matters now required by law 
to be reported by him, state, in the report of his vessel, how many such 
persons have been taken on board by him in Africa; and any such 
master failing herein shall forfeit the sum of one hundred pounds. § 4. 

Bond to be given to maintain and send them back. —And the master 
or owner or owners of such vessel, (or some or one of them,) at the 
time of making such report, be required to enter into bond to his Ma¬ 
jesty in the sum of one hundred pounds ,—conditioned to keep harm¬ 
less any parish or any extra-parochial or other place maintaining its 
own poor against any expence which such parish or other place may be 
put to in supporting any such person during their stay in the United 
Kingdom:—and any such master, owner or owners, refusing or neg¬ 
lecting to enter into such bond, shall forfeit the sum of two hundred 
pounds. § 5. 

Certificate of the entries of goods inwards repealed. — So much of the 
said last-mentioned act,—(§ 62, see page 462,)—as requires the 
collector and comptroller to issue certificates of the entry of goods in¬ 
wards for the computation of the drawback allowable on such goods,— 
or for the due delivery thereof from the warehouse, is hereby repealed, 
Except so far as respects goods entered to be shipped for exportation 
for drawback at any other port than that of importation. § 6. 

Restrictions as to Piece Goods repealed. —Whereas by the said act,— 
(§ 21, see page 448,)—it is enacted, “that the value of all goods called 
* Piece Goods/ being articles manufactured of silk, hair, or cotton, or 
any mixture thereof, imported by any person into the port of London 
from places within the limits of the charter of the East India company, 
shall be ascertained by the gross price at which the same shall have 
been sold by auction at the public sales of the said company be it 


REGULATION. *497 

enacted, that so much of the said act as hereinbefore recited is hereby 
repealed. § 7. 

For ascertaining the value of such goods. —The value of such goods 
shall be ascertained in the same manner as that of all other goods 
entered at value,—and such goods shall be subject and liable to the 
same regulations, restrictions, and forfeitures as other goods entered at 
value are liable to.* § 8. 

Additional ports for warehousing tobacco. —Whereas by the said 
act—(§ 52, see page 458,)—the importation of tobacco and snuff is 
restricted to certain ports, and it may become expedient that the pro¬ 
visions of the said act should be extended to other ports; be it there¬ 
fore enacted, that it shall be lawful for the commissioners of his Ma¬ 
jesty’s treasury, by their order, to appoint any additional port or ports 
in the United Kingdom for the importing into or warehousing of 
tobacco and snuff, without payment of duty upon the first entry 
thereof:—Provided, that all such appointments shall be published in 
the London Gazette for such as shall be appointed in Great Britain — 
and in the Dublin Gazette for such as shall be appointed in Ireland; 
—and such tobacco or snuff so imported into or warehoused at any 
such port or ports shall be subject to the like prohibitions and restric¬ 
tions as are mentioned in the table of prohibitions and restrictions in 
the said recited act, or any other act now in force or hereafter to be 
made. § 9. 

Foreign Goods Derelict and Wreck. —Whereas by the said act,— 
(§ 48, see page 455,)—it is enacted, that all foreign goods,— 
derelict, &c., brought or coming into the United Kingdom—or into the 
Isle of Man,—shall be subject to the same duties as goods of the like 
kind imported into the United Kingdom respectively are subject to:— 
And whereas from the nature and circumstances attending such goods 
the requisites of the law cannot in all cases be duly complied with, 
aud it is expedient to remedy the same; be it therefore enacted, that 
all foreign goods, derelict, jetsam,t flotsam, and wreck, brought or 
-coming into the United Kingdom—or into the Isle of Man—shall be 
deemed to be the growth or produce of such country or place as the 
commissioners of his Majesty’s customs shall upon investigation deter¬ 
mine, and shall be charged with duty accordingly:—Provided always, 
that all such goods which will not sell for the amount of duty due 
thereon shall be delivered over to the lord of the manor or other 
person entitled to receive the same,—arid shall be deemed and taken 
to be un-enumerated goods, and shall be liable to and charged with 
duty accordingly. § 10. 

Allowance for damage. —If any such goods be such as are entitled 
to an allowance for damage, such allowance shall be made under such 
regulations and conditions as the'commissioners of his Majesty’s customs 
shall from time to time think fit to direct. §11. 

Goods landed by bill of sight fraudulently concealed. —Where any 
package or parcel shall have been landed by bill of sight, (see page 
448,) and any goods or other things shall be found in such package, 
or parcel, concealed in any way,—or packed with intent to deceive the 


* See 6 Geo. IV. c. 107. § 19. page 447. 

f Flotsham goods are those floating upon the sea after a ship perishes; jettison or 
jetsham, those thrown overboard to lighten a ship; and lagan means those heavy 
enough to sink when thrown overboard, but which have a buoy attached to them that 
they may be found again. 



498* 


REGULATION. 


officers of his Majesty’s customs,—as well all such goods and other 
things as the package or parcel in which they are found,—and all other 
things contained in such package or parcel, shall be forfeited. § 12. 

Tonnage of ship on importation of wine repealed. —So much of the 
last-mentioned act (Table of Restrictions, § 52. page 458.) as restricts 
. the importation of Wine, unless in a ship of the burthen of sixty tons 
or upwards, is hereby repealed. § 13. 

Power for his Majesty to appoint ports and legal quays. —It shall 
. be lawful for his Majesty, by his Commission out of the Court of Ex¬ 
chequer, from time to time to appoint any Port, Haven, or Creek in the 
United Kingdom,—or in the Isle of Man, (and to set out the limits 
thereof, and to appoint the proper places within the same) to be Legal 
Quays for the lading and unlading of goods,—and to declare that any 
Legal Quay which had been set out by such authority in any Port shall 
no longer be so,—and to appoint any new place within any Port to be 
a Legal Quay for the lading and unlading of goods. § 14. 

Averment of offence. —In any information or other proceeding for 
any offence against any act made,—or to be made—relating to the 
customs, the averment that such offence was committed within the 
limits of any port shall be sufficient, without proof of such limits,— 
unless the contrary be proved. § 15. 

Unauthorized persons not to make entries. —Any person or persons 
who shall make or cause to be made at any custom house in the United 
Kingdom entry inwards of any goods, not being duly authorized thereto 
by the proprietor or consignee of such goods, shall for every such 
offenc e forfeit the sum of one hundred pounds :—Provided always, that 
no such penalty shall extend or be deemed to extend to any person or 
persons acting under the directions of the several Dock Companies or 
other Corporate Bodies authorized by law to pass entries. § 16. 


Minute of the Board of Customs. 

Goods landed and entered by bill of sight are to be delivered after 
due examination, either in whole or in part, provided a deposit shall 
have been made sufficient to cover the amount of duties due thereon; 
but no deposit is to be returned at the time of passing the perfect entry 
until the entry shall have been examined by the landing officer, and his 
certificate obtained upon the sight, of there being no objection to the re¬ 
turn of the deposit .—And that all entries for goods landed under bill 
of sight, which are not endorsed on the sight itself, be headed with the 
words “ in part of sight,” or “ in full of sight,” as the case may be, to 
distinguish them from prime entries. 

21 Oct. 1826. 



DUTIES. 


497 


CHAPTER VI. 


DUTIES OF CUSTOMS.—RECIPROCITY ACTS.—AND 
ORDERS IN COUNCIL. 

*** See the observation respecting' Declarations in lieu of Oaths, 

page 441. 

6 Geo. IV. c. 111. 

An Act for granting Duties of Customs. 

Whereas an act was passed in the present session of parliament, in¬ 
tituled “ An Act to repeal the several Laws relating to the Customs/’ 
in which it is declared, that the laws of the customs have become intri 
cate by reason of the great number of acts relating thereto which have 
been passed through a long series of years; and it is therefore highly 
expedient, for the interests of commerce and the ends of justice, and 
also for affording convenience and facility to all persons who may be 
subject to the operation of those laws, or who may be authorized to act 
in execution thereof, that all the statutes now in force relating to the 
customs should be repealed, and that the purposes for which they have 
from time to time been made should be secured by new enactments, 
exhibiting more perspicuously and compendiously the various provisions 
contained in them :—and whereas by the said act all the acts and parts 
of acts by which the duties of customs have been granted will be re¬ 
pealed, and all the duties of customs will thereby be made to bease and 
determine; and it is expedient to make provision for granting other 
duties of customs in lieu thereof: it is therefore enacted, that from and 
after the 5th day of January, 1826, this act shall come into and be and 
continue in full force and operation for granting duties of customs. § 1. 

And that in lieu and instead of all other duties of customs, (except 
the duties upon Corn, Grain, Meal, or Flour,) there shall be raised, 
levied, collected, and paid unto his Majesty, upon goods, wares, and 
merchandise imported into or exported from the United Kingdom, the 
several duties of customs,—and there shall be allowed the several draw¬ 
backs,—as the same are respectively inserted, in figures in the tables to 
this act annexed, and denominated respectively, “ Table of Duties of 
Customs Inwards,”—“ Table of Duties of Customs Outwards.” § 2. 

Goods having paid duties imposed by former acts , to be entitled to 
drawbacks. —The amount of drawbacks granted upon goods exported 
from or used in Great Britain or Ireland, under any act in force on or 
before the 5th of January, 1826, shall remain payable with respect to 
such goods, as having paid the duties upon importation before the 
said 5th day of January, 1826, shall, after the said 5th day of January, 
1826, be exported from or so used in Great Britain or Ireland:—Pro¬ 
vided, that no drawback shall be allowed for any Ashes used in bleaching 
Linen, nor for any Brimstone used for the making of Oil of Vitriol, 
which shall not have been so used on or before the 5th of July, 1826, 

2 K 



4}>S DUTIES. 

nor unless such drawback be duly claimed on or before the 5th of 
January, 1827. § 3. 

Duties and drawbacks to be under the management of commissioners 
of customs. —The duties and drawbacks shall be under the manage¬ 
ment of the commissioners of customs, under the provisions of an act 
passed in the present session of parliament, (c. 107.) intituled “An Act 
for the general Regulation of the Customs.” § 4. 

Reciprocal duties to be levied on foreign merchandise , Sfc. —It shall 
be lawful for his Majesty, with the advice of his privy council, by order 
in council, from time to time, to direct that there shall be levied and 
collected any additional duty , (not exceeding one-jifth of the amount 
of any existing duty,) upon all or any goods, the growth, produce, or 
manufacture of any country which shall levy higher or other duties upon 
any article, the growth, produce, or manufacture of any of his Majesty’s 
dominions, than upon the like article, the growth, produce, or manu¬ 
facture of any other foreign country ;—and in like manner to impose 
such additional duties upon all or any goods, when imported in the 
ships of any country which shall pay higher or other duties upon any 
goods when imported in British ships, than when imported in the na¬ 
tional ships of such country,—or which shall levy higher or other tonnage 
or port or other duties upon British ships than upon such national 
ships,—or which shall not place the commerce or navigation of this 
kingdom upon the footing of the most favoured nation in the ports of such 
country ;—and either to prohibit the importation of any manufactured 
article, the produce of such country, (in the event of the export of the 
raw material of which such article is wholly or in part made being pro¬ 
hibited from such country to the British dominions,)—or to impose an 
additional duty (not exceeding one-jifth as aforesaid) upon such manu¬ 
factured article ;—and also to impose such additional duty in the event of 
such raw material being subject to any duty upon beingexpor ted from the 
said country to any of his Majesty’s dominions; and all duties imposed by 
any such order shall be deemed to be duties imposed by this act. § 5. 

Drawback on the exportation of foreign rice or paddy .—Upon the 
exportation from the United Kingdom of any foreign Rice or Paddy, 
which shall have been cleaned therein, and which shall have paid the 
duties payable on the importation thereof under this act, there shall be 
paid for every hundred weight thereof a drawback equal in amount to 
the duty paid on every four bushels of the rough Rice or Paddy from 
which the same shall have been cleaned. § 6. 

Conditions on which such drawback is to be paid.— Provided always 
that such drawback upon Rice so exported shall be paid only upon such 
clean Rice as shall be deposited for the purpose of exportation, within 
one calendar month from the day on which the duty thereon had been 
paid, in some warehouse, (in which rice may be warehoused on im¬ 
portation without duty,) and shall there remain secured until duly 
shipped to be exported:—Provided also, the exporter shall make oath 
before the collector or comptroller that the Rice so warehoused for 
exportation was cleaned from the rough rice or paddy upon which the 
duties had been paid. § 7. 

Drawback on camphor refined * —Such drawback as is mentioned in 
the table of duties inwards, shall be allowed upon the exportation of 
any Camphor refined in the United Kingdom from a larger quantity 
imported unrefined, provided oath be made by the refiner, before the 
collector or comptroller, that the said refined Camphor was produced 

* Drawback repealed 2 and 3 Wra, IV. c. 84. § 39. See page 511. 



DUTIES. 499 

solely from camphor imported unrefined, and for which the duties had 
been paid. § 8. 

Strength of juice of lemons, fyc. how ascertained. —And “ for ascer¬ 
taining the degrees of specific gravity of strength according to which the 
duty on the Juice of Lemons, Limes, and Oranges shall be paid,” it is 
enacted, that such degrees of such specific gravity or strength shall be 
ascertained by a glass Citrometer, which shall be graduated in degrees 
in such manner that distilled water being assumed as unity at the 
temperature of sixty degrees by Fahrenheit’s thermometer, every degree 
of the scale of such Citrometer shall be denoted by a variation of four 
one-thousandth parts of the specific gravity of such water. § 9. 

Flax , wood for ship-building, and bark, may be imported from New 
South Wales. —It shall be lawful to import any Flax,—and any Wood 
being eight inches square or upwards, fit for Ship-building,—and any 
Bark, or any Solid Vegetable Extract to be used solely for the purpose 
of tanning Leather,—such articles being the growth or produce of the 
colony of New South Wales, or any of the settlements or dependencies 
thereof,—or of Norfolk Island,—or Van Dieman’s Land,—or of New 
Zealand, and imported direct from the said places during the remainder 
of ten years, to be reckoned from the 1st of January, 1823,*—without pay¬ 
ment of any duty :—Provided, that before such goods shall be entered as 
being the growth or produce of any of the said places, (except New Zea¬ 
land,) the master of the ship shall produce and deliver to the collector or 
comptroller at the port of importation a certificate, under the hand of 
the proper officer at the place where such goods were taken on board, 
testifying that proof had been made, in manner required in such place, 
that such goods were of the growth or produce thereof,—stating the name 
of the place, and the quantity and quality of the goods, and the name 
of the vessel in which they are laden, and of the master thereof;—and 
such master shall also make oath before the collector or comptroller at 
the port of importation, that such certificate was received by him at the 
place where such goods were taken on board, and that the goods im¬ 
ported are the same ;—and before any such goods shall be entered as 
being the produce of New Zealand, the master shall make oath before 
the collector or comptroller of the customs at the port of importation, 
that such goods were taken on board at New Zealand. § 10. 

Warehousing goods. —It shall be lawful for the importer of any 
goods, subject to duties, to warehouse! such goods upon the first entry 
thereof under the laws in force for the warehousing of goods without 
payment of duty upon such first entry;—and all goods which shall have 
been so warehoused before the commencement of this act, and shall 
remain so warehoused after the commencement of the same, shall 
become liable to the duties imposed by this act, in lieu of all former 
duties. §11. 

Cape of Good Hope and Mauritius. —For the purposes of this 
act, the Cape of Good Hope, and the territories and dependencies 
thereof, shall be deemed to be within the limits of the East India 
company’s charter;—and the island of Mauritius shall be deemed to be 
one of his Majesty’s sugar colonies, and placed upon the same footing 
in all respects as his Majesty’s islands in the West Indies. § 12. 

Produce of limits of charter imported from Malta or Gibraltar .— 
All goods the produce of places within the limits of the East India 


* And hemp of New Zealand by 7 Geo. IV. c. 48. Tabi.e of Duties. 
f But see List of Goods which cannot be warehoused, page 459. 

2 k 2 



DUTIES. 


500 

company’s charter, having been imported into Malta or Gibraltar in 
British ships, shall, upon subsequent importation into the United 
Kingdom direct from thence, be liable to the same duties as like goods 
imported direct from some place within the limits of the said charter. 
§ 13. 

Pease for seed. —It shall be lawful to import Pease for seed, on pay¬ 
ment of the duty imposed by this act, at times when the importation of 
Pease may be prohibited on account of the average price thereof. § 14. 

Wine jor prisage. —Nothing in this act, nor in any other act passed 
in the present session, shall extend to alter or affect the right of enter¬ 
ing Wine for prisage at such reduction of duties as the parties having 
such right shall be entitled to claim at any of the ports in England or 
Wales, where the right of prisage has not been purchased by the crown. 

§ 15 . 

Acts of this session, coming into force on January 5, 1826, to be the 
only laws for matters contained therein. —The enactments and pro¬ 
visions contained in this act, and in any other act or acts relating to the 
customs passed in the present session, which are to commence and have 
effect from and after the 5th of January, 1826, shall be, from and after 
that period, the only laws in force concerning all matters and things 
expressed or provided for herein or therein. § 17. 

Register bonds, 8fc. —All Bonds given by the owners or masters of 
British ships upon the registering of the same,—and all Bonds given by 
the masters of British ships upon their taking the charge or command 
pf the same,—shall be deemed to be Bonds for preventing frauds or eva¬ 
sions of the duties of customs, as well as for other purposes, and shall 
be liable to the same duties of stamps as any Bonds given for the duties 
of customs, or for preventing frauds or evasions thereof, under any act 
for granting duties of Stamps. § 18.* 

Nothing in this act or the other acts passed this session shall repeal 
or affect certain acts. —Nothing in this act, or in any other act or acts 
passed in the present session, shall extend to repeal or in any way to 
alter or affect an act passed 8 Geo. I. c. 14. intituled “ An Act for 
making the River Eden navigable to Bank End in the County of 
Cumberland—nor to repeal or in any way alter or affect an act, 
passed 33 Geo. II. c. 15. intituled “ An Act for rendering the Ex¬ 
portation of Culm from the Harbour of Milford, in the County of 
Pembroke, and the Limits thereof, to the neighbouring Counties, more 
easy to the Proprietors and Purchasers of the same, and for the better 
securing the Duties payable thereon—nor to repeal or in any way 
alter or affect an act, passed 37 Geo. III. c. 100. intituled “ An Act for 
extending the Monmouthshire Canal Navigation, and for explaining 
an Act passed in the Thirty-second Year of his present Majesty, for 
making the said Canal;”—nor to repeal or in any way alter or affect an 
act, passed 42 Geo. III. c. 115. being an act of a local and personal 
nature, and intituled “ An Act for making and maintaining certain 
Railways to communicate with the Monmouthshire Canal Navigation, 
and for enabling the Company of Proprietors of that Navigation to 
raise a further Sum of Money to complete their Undertaking; and for 
explaining and amending Acts passed in the Thirty-second and Thirty- 
seventh Years of his present Majesty’s Reign relating thereto;”_ 

* * * * * (Certain acts relating to corn saved by this clause 

have been since repealed.—) 


* See page 387. 





DUTIES. 


501 


Nor to repeal or in any way alter or affect an act, passed 5 Geo. 
IV. c. 70. intituled “An Act to permit Flour to be substituted for 
Foreign Wheat secured in Warehouses ;”—nor to repeal or in any way 
alter or affect an act, passed 5 Geo. IV. c. 64. or acts relating to the 
fisheries, intituled “ An Act to amend the several Acts for the Encou¬ 
ragement and Improvement of the British and Irish Fisheries;”—nor 
any other act or part of an act relating to the said fisheries, which shall 
be in force at the time of the commencement of this act;—nor to repeal 
or in any way alter or alfect. an act, passed 4 Geo. IV. c. 88. intituled 
* An Act for regulating Vessels carrying Passengers between Great 
Britain and Ireland —nor to repeal or in any way alter or affect an 
act, passed 51 Geo. III. c. 47. intituled “ An Act for carrying into effect 
the Provisions of a Treaty of Amity, Commerce, and Navigation, con¬ 
cluded between his Majesty and his Royal Highness the Prince Regent 
of Portugal—nor to repeal or in any way alter or affect an act, passed 
59 Geo. III. c. 54. intituled “ An Act to carry into effect a Convention 
of Commerce concluded between his Majesty and the United States of 
America, and a Treaty with the Prince Regent of Portugal—nor to 
repeal or in any way alter or affect any act or acts by which a drawback 
of duty is granted in respect of materials imported into the United 
Kingdom, and used in building churches or chapels. § 19. 

And it is further enacted, that nothing in this act, or in any other act 
passed in the present session, shall extend to repeal or in any way alter 
or affect an act, passed in the 6 and 7 Wm. III. c. 10. intituled “An 
Act for the better Admeasurement of Keels and Keel Boats in the Port 
of Newcastle, and the Members thereunto belonging;”—nor to repeal 
or in any way alter or affect an act, 15 Geo. III. c. 27. intituled “ An 
Act for Admeasuring Waggons and other Carriages, used in loading 
Coals on board Ships at the several Ports of this Kingdom, in the same 
Manner as at the Ports of Newcastle and Sunderland ;”—nor to repeal 
or in any way alter or affect an act, 31 Geo. III. c. 36. intituled “ An 
Act to prevent Keels, Pan Keels, and Pan Boats, and other Boats, and 
Wains, and Carts, being used in the Removal or Carriage of Coals, 
after having undergone any Alterations or Repairs, without being first 
inspected, readmeasured, marked, and nailed.” § 20. 

Coal vessels carrying more than allowed forfeited. —Provided always, 
that if upon examination of any keel, boat, wain, waggon, barrow , cart, 
coup , or other vessel or carriage employed in the conveyance of coals, 
cinders , ashes, or culm, for the purpose of being laden or shipped for 
exportation, or to be carried coastwise, and which shall have been ad¬ 
measured, weighed, numbered, and marked in manner directed by any 
act at any time in force, for that purpose, there shall be found any 
greater quantity of coals, cinders, ashes, or culm than such keel, boat, 
wain, waggon, barrow, cart, coup, or other vessel or carriage is allowed 
to carry or convey, according to the number, nails, or other marks set 
thereon, whether such number, nails, or other marks denote the quan¬ 
tity by weight or by measure, every such keel, boat, waggon, barrow, 
cart, coup, or other vessel or carriage so overloaded, shall be forfeited. 
§ 21 . 

An account of the amount of hereditary revenues of the crown to be 
kept separate. —From and after the 5th day of January, 1826, the 
commissioners of the treasury of the United Kingdom shall cause to be 
prepared and kept an account of what the hereditary revenue arising 
in England would have amounted to, in case the same had not been 
and was not consolidated and collected with other duties of customs 


DUTIES. 


502 

and tonnage in the collection and appropriation thereof, in such manner 
and form as shall appear to the said commissioners best adapted to 
ascertain such amount, which account the said commissioners are to 
make out and lay before parliament, together with the public accounts 
directed to be laid before parliament, pursuant to the provisions of the 
several acts for directing public accounts to be laid annually before par¬ 
liament. § 22. 

Not to affect the hereditary revenue in Scotland .—Provided always 
that nothing in this act shall extend to affect or alter the hereditary 
revenue of his Majesty in Scotland, or other revenues there granted to 
his late Majesty King George the Second, during his life, and reserved 
to his present Majesty during his life by an act made in the first year 
of his present Majesty’s reign ; but the same, and the civil establish¬ 
ment payable out of the same, shall continue to be paid in like manner 
as heretofore. § 23. 

Duties to he carried to the consolidated fund .—All the monies arising 
by the duties imposed, (the charges of raising and accounting ex¬ 
cepted,) shall be paid into the receipt of the exchequer, and carried to 
the consolidated fund, and appropriated to the same services as the 
duties repealed. § 24. 

Duties due before January 5, 1826, levied after that day , to he 
deemed duties under this act .—All monies arising from any duties of 
customs, or any arrears, shall be raised, levied, collected, paid, or re¬ 
ceived after the 5th of January, 1826, for any goods imported or ex¬ 
ported, or brought coastwise, although the amount of duties may have 
been computed as duties before the said 5th of January, 1826, and 
although the goods whereon such duties may have been charged may 
have been imported into or exported, or brought coastwise, before the 
said 5th of January, 1826, and although any duties of customs due 
thereon may have been secured by bond on or before the said day, 
shall, from and after the said 5th of January, 1826, be appropriated and 
applied in like manner and to the same purposes as the duties of cus¬ 
toms by this act granted, except as in this act provided ; and all monies 
arising by any of the revenues of customs hereafter to be paid or 
allowed after the said 5th of January, 1826, although the amount shall 
have been computed in like manner in which they have heretofore been 
usually computed, or shall have become due before the said 5th of 
January, 1826, shall be paid or allowed in like manner by the officers 
of the customs out of any monies in their hands arising from the duties 
of customs. § 25. 

To prevent frauds in colouring and concealing Aliens^ goods .—To 
prevent frauds in colouring and concealing Aliens’ goods,—all Wines of 
the growth of France or Germany, which shall be imported into any 
of the ports in England, Ireland, Wales, or Berwick-upon-Tweed, in 
any other ship than which doth truly and without fraud belong to 
England, Ireland, Wales, or Berwick-upon-Tweed, (and whereof the 
master and three-fourths of the mariners are English,) shall be deemed 
Aliens’ goods, and pay all strangers’ customs and duties to the town 
and port into which they shall be imported;*—and all sorts of Masts, 
Timber, or Boards, as also all Foreign Salt, Pitch, Tar, Rosin, Hemp, 
Flax, Raisins, Figs, Prunes, Olive Oils, all sorts of Corn or Grains, 
Sugar, Pot Ashes, Spirits commonly called Brandy wine or Aqua vitae, 
—Wines of the growth of Spain,—the islands of the Canaries,—or 


* For the Scavage Duties, &c. see Part IV. 



DUTIES. 503 

Portugal,—Madeira or Western islands,—and all the goods of the 
growth, production, or manufacture of Muscovy or Russia,—which shall 
be imported into any of the ports in England, Ireland, Wales, or Ber¬ 
wick-upon-Tweed, in any other than such shipping, and so navigated,— 
and all Currants and Turkey commodities which shall be imported into 
any of the places aforesaid, in any other than English-built shipping, and 
navigated as aforesaid,—shall be deemed Aliens’ goods, and pay ac¬ 
cordingly to the town or port into which they shall be imported. § 26. 

Bills of entry to be subscribed , whether goods are on alien or British 
account. —Every merchant or other, passing any goods, inwards or 
outwards, shall, by himself, or his known servant, factor, or agent, 
subscribe one or more bill or bills of entry, whether such goods are on 
Alien or British account, and if required make oath of the same before 
the officer appointed to receive the said duties, (who is authorized by 
the charter granted to the said mayor and commonalty and citizens to 
administer the same,) and no entry on Alien account shall be permitted 
by the officers of customs to pass, or the goods to be delivered, unless 
the signature or mark of the city’s collector or his deputy appears on 
the face of such warrant,—and if any goods be entered on British ac¬ 
count, which are bond jide Aliens’ property, the merchants or others en¬ 
tering the same shall forfeit fifty pounds, to be recovered by action in 
any court of record at Westminster, in the name of the chamberlain of 
the said city, on behalf of the said mayor and commonalty and citizens; 
and the damages so to be recovered shall be paid into the chamber 
of London, for the use of the said mayor and commonalty and citizens. 
§27. 

Metage of coals. —So much of the act 5 and 6 William and Mary 
as imposes a duty of sixpence on screened Coals, and the act by which 
the said imposition is continued, as makes screened Coals, (whether 
alone or mixed with cinders or ashes,) for which the said reduced duty 
is by this act made payable,—subject to the payment of the duty of six¬ 
pence for every chaldron or ton of coal or culm imported into the port 
of London, shall be repealed : provided, that such screened Coals, alone 
or intermixed as aforesaid, shall be liable to the metage of fourpence for 
every chaldron or ton. § 28. 

Penalty on dealers selling screened coals under any other denomina¬ 
tion. —All screened Coals shall be sold under the denomination of 
small screened Coals, with or without the addition of the sort of Coals 
of which they respectively shall be, at the option of the owner thereof; 
and if any vender, or dealer, shall sell any of the said screened Coals, 
either alone or intermixed with Cinders, under any other denomination 
than the sort of Coals of which they shall be as aforesaid, or if any 
vender, or dealer, shall knowingly sell screened Coals of any sort for 
another sort of Coals which they really are not, within England or 
Wales, every such vender, or dealer, shall forfeit for every such offence 
twenty pounds per chaldron for every chaldron so sold, not exceeding 
twenty-five chaldrons for the same offence. § 29. 

7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Duties Inwards. 

Goods the produce of and imported from particular places. —“And 
whereas an act was passed in the last session of parliament, (c. 111.) 
intituled, * An Act for granting Duties of Customs;’ and it is ex- 


504 


DUTIES. 


pedient to alter and amend the same in manner hereinafter provided,” 
be it therefore enacted, that—whenever lower duties are charged upon 
the importation of any of the goods hereinafter mentioned as being the 
produce of particular places, such goods shall not be deemed to be the 
produce of such places, unless they be also imported from such places; 
that is to say. 


Almonds, 

Arrow' root or Powder, 
Bark, 

Cocus Wood, 

Copper, 

Fustic, 

Ginger, 

Grand la, 

Hemp, 


Hides, 

Honey, 

Indigo, 

Logwood, 

Marmalade, 

Cashew nuts, 

Cocoa Nuts, 

Pimento, 

Rhubarb, 


Rosin, 

Sarsaparilla, 

Sponge, 

Succades, 

Sugar, 

Tamarinds, 

Tar, 

Tortoiseshell, and 
Turmeric. § 28. 


Cambrics and other linens not rated according to the number of 
threads. —And whereas in the “ Table of Duties of Customs Inwards* 
to the said act for granting duties of customs annexed, certain rated 
duties are imposed upon the several sorts of Linen therein mentioned, 
some of which are to be ascertained according to the number of threads 
to the inch of warp of such Linen, and an option is given to the im¬ 
porter to pay a duty of forty pounds for every one hundred pounds of 
the value of the Linen, instead of any of the rated duties so imposed ; be 
it therefore enacted and declared, that from and after the 10th day of 
October, 1826, such option shall not be deemed to extend to Cambrics 
or to any other sort of Linen, the rated duties of which are not to be 
ascertained according to the number of threads in the same. § 29. 


Outwards. 

Ad valorem duty outwards. —“ And whereas by the said act a duty 
of ten shillings for every one hundred pounds of the value of certain 
goods is charged upon the exportation thereof;” be it therefore enacted, 
that such duty shall not be charged upon any goods which are subject 
to any other export duty. § 30. 

Sweetened rum , how charged with duty. —“ And whereas it is ex¬ 
pedient to make further provisions for charging suitable duties on Rum 
which shall have been sweetened by the colouring matter necessarily mixed 
with the same ;” be it therefore enacted, that Rum, the produce of the 
British possessions in America, shall not be liable to the duty charged 
on sweetened spirits, unless the actual strength thereof shall exceed the 
strength denoted by Sykes’s hydrometer by more than ten degrees per 
centum;—and that in lieu of such duty, there shall be charged upon 
every degree per centum more than three degrees, and not more than 
ten degrees, by which the actual strength of any such rum shall exceed 
the strength denoted by Sykes’s hydrometer, a duty of 9s. 6d. : —Pro¬ 
vided always, that if the importer of any such Rum cannot make a per¬ 
fect entry thereof for payment of the proper duty on the actual strength 
of the same, it shall be lawful for such importer to demand in writing 
upon the entry, that trial be made of the actual strength of such Rum, 
(he paying the expense of such trial,) instead of entering such Rum for 
the payment of duty upon any stated number of such excessive degrees 
of strength :—Provided also, that all trials of the actual strength of ruin 
shall be made by some skilful person appointed by the commissioners 
of the customs for such purpose. § 31, 


DUTIES. 


505 


East India company's stores. —The East India company shall be 
allowed to export Stores, Provisions, Utensils of war, and necessaries for 
maintaining theirgarrisons and settlements, free of all duties;—so as the 
duties hereby remitted, if they had been to be paid, would not have 
exceeded, or do not exceed in any one year, the sum of three hundred 
pounds. § 32. 

New duties. —Instead of the duties and drawbacks imposed and 
allowed by the act of the last session of parliament for granting duties of 
customs, and set forth in a table thereunto annexed, the several duties 
and drawbacks set forth in a table denominated “ Table of New Du¬ 
ties,” shall, in respect of such goods as are mentioned therein, be 
raised, levied, collected, and paid unto his Majesty, and be allowed in 
like manner as if such duties and drawbacks had been imposed and 
allowed in and by the said act, and had been set forth in the said table 
thereunto annexed. § 35. 

N.B. These articles will be distinguished in the schedule by a *. 


7 and 8 Geo. IV. c. 56. 

An Act to amend the Laws relating to the Customs . 

New duties. —Instead of the duties imposed by 6 Geo. IV. c. 111. 
upon the several articles mentioned in the following tables, the several 
duties set forth in the said tables shall, in respect of such goods as are 
mentioned therein, be raised, levied, and collected, and paid unto his 
Majesty, in like manner as if such duties had been imposed in and by 
the said last-mentioned act, and had been set forth in the tables there¬ 
unto annexed. §21. 

N. B. These articles will be distinguished in the schedule by a f. 

Spirits , though mixed , to pay duty as such. —Spirits or strong waters 
imported into the United Kingdom, mixed with any ingredient, and 
although thereby coming under some other denomination, shall never¬ 
theless be deemed to be spirits or strong waters within the meaning of 
the last-mentioned act, and be subject to duty as such. § 22. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs . 

Duties overcharged not to be repaid after three years. —And whereas 
by the 6 Geo. IV. c. 107. (see page 480.) it is enacted, that no over¬ 
charge of duty shall be returned, unless the same be claimed within 
three years from the date of the payment; and much inconvenience has 
arisen, as well from the uncertainty in many cases of the proceeding 
which shall constitute a claim, as from the neglect of parties, after a 
claim or supposed claim has been made, in prosecuting the adjustment 
of their demand, according to the true meaning of the law ; it is there¬ 
fore enacted, that no overcharge of duty of customs shall be returned, 
nor shall any certificate or other document granted for the return of 
any such overcharge be paid unless such certificate or other document 
be presented for payment within three years from the day on which such 
duty had been paid. § 6. 

New duties. —Instead of the duties imposed by 6 Geo. IV. c. 111. 
upon the several articles mentioned in the Tables contained in this act, 


506 


DUTIES. 


and denominated “Table of New Duties Inwards, 1828,” and “ Table 
of New Duties Outwards, 1828,” the several duties set forth in figures 
in the said Tables shall, in respect of such goods as are mentioned 
therein, be raised, levied, collected, and paid unto his Majesty, in like 
manner as if such duties had been imposed in and by the said last- 
mentioned act, and had been set forth in the Tables thereunto annexed. 
§ 10 . 

N. B. These articles will be distinguished by a J. 

Duty on Cordage, and Sail Cloth in use , repealed. —So much of the 
said act for granting duties of customs, as extends to charge any duty 
of importation upon Cables, (not being Iron Cables,) or upon Cordage,— 
or upon Sails respectively, in use of any British ship, (being fit and neces¬ 
sary for such ship, and in the actual use of the same,) and not otherwise 
disposed of, repealed;—and whenever such Cables, Cordage, or Sails shall 
be otherwise disposed of, then, in lieu of the duty now payable on the 
same respectively, there shall be paid a duty of twenty pounds upon 
every one hundred pounds of the value thereof. § 12. 

Honduras mahogany warehoused in possessions in America. —If any 
Mahogany which had been imported direct from the Bay of Honduras, 
in a ship cleared out from the port of Belize, into a free warehousing 
port in any of the British possessions in America, and there warehoused 
as having been so cleared and imported, shall be exported from the 
warehouse, and imported direct into the United Kingdom, such maho¬ 
gany shall be subject in the United Kingdom to the same duty as it 
would have been subject to if it had been imported direct from the Bay 
of Honduras in a British ship cleared out from the port of Belize,—pro¬ 
vided it be stated in the proper clearance of the ship importing the same 
into the United Kingdom, that such mahogany had been so warehoused 
and exported from the warehouse as aforesaid. § 13. 

10 Geo. IV. c. 23. 

An Act to impose duties on the importation of Silk and Silk Goods , 
and to allow drawbacks on the exportation thereof.* 

New duties. —From and after the 5th of July, 1829, the several 
duties of customs set forth in the Table marked (A.) shall be raised, 
levied, collected, and paid, in like manner as if such duties had been 
imposed by the 6 Geo. IV. c. 111. § 1. 

Restrictions on importation of Silk Manufactures. —It shall not be 
lawful to import into the United Kingdom any Manufactures of Silk in 
any ship or vessel which is not of the burthen of seventy tons or up¬ 
wards, except as hereinafter provided ;—nor to import any such manu¬ 
factures, being the manufactures of Europe, into any port, except into the 

port of London—or into the port of Dublin direct from Bourdeaux,_ 

or into the port of Dover direct from Calais: and this restriction shall 
be enforced in like manner as if the same were set forth in a table de¬ 
nominated “ A Table of Prohibitions and Restrictions Inwards,” con¬ 
tained in the 6 Geo. IV. c. 107. § 2. 

Licence may be granted to import from Calais to Dover. — It shall be 
lawful for the commissioners of the customs from time to time, and 
upon such security as they shall require, to grant their licence for any 
vessel belonging to the port of Dover to import such manufactures into 

* The duties will be found in the Schedule of Duties— the Drawbacks in "boun¬ 
ties. 




DUTIES. 


507 


that port direct from the port of Calais, although such vessel may not 
be of greater burthen than sixty tons. § 3. 

Entry of silk goods. —In the entry of all silk goods which are subject 
to duty according to the weight or to the value thereof at the option of 
the officers of the customs, the weight and the value of such goods shall 
be both stated,—and such value shall be affirmed in like manner as the 
value of any goods charged to pay duty according to the value thereof 
is affirmed under the provisions of the said last-mentioned act for the 
regulation of the customs ;—and it shall be lawful for the officers of the 
customs to detain any such goods, and to take the same for the use ot 
the crown, in like manner and upon the same terms as such officers 
may under the provisions of the said act detain and take any goods 
entered for payment of duty according to the value thereof as aforesaid. 

§4. 

Drawbacks. —And from and after the passing of this act, upon the 
exportation of silk goods, the drawbacks of the duties payable on the 
importation of thrown silks, set forth in figures in the table hereunto 
annexed, shall be allowed. § 5. 

Drawbacks to be allowed in certain cases only. —The drawbacks shall 
be allowed only in respect of exportations to be made by the persons in 
whose names the amount of duties to be drawn back had been paid,—or 
to be made by any holder of any written order signed by any such per¬ 
sons, transferring the right of making such exportations and of receiv¬ 
ing such drawbacks thereupon. § 6. 

Drawback to be allowed , though the manufacture not of the thrown 
silk. —The said drawback shall be allowed, although the manufactured 
silks in respect of which the same shall be claimed shall not have been 
made of the thrown silk in respect of which the amount of duties to be 
drawn back had been paid, and whether such amount of duties shall 
have been received under the authority of this or of any former act:— 
provided that the said drawback shall not be allowed unless such manu¬ 
factured silks be shipped for exportation within two years after the pay¬ 
ment of such duties. § 7. 

On seizure the whole value to be paid to the officer. —Upon the seizure 
and condemnation of any such goods, for the breach of any law now 
made or hereafter to be made relating to the revenue of customs, or for 
the prevention of smuggling, there shall be paid to the officer seizing 
the same, in lieu of the rewards granted by any former act, the whole 
value of such goods, exclusive of the duty thereon:—provided that such 
goods shall be sold for exportation only. § 8. 

And one moiety of penalties. —And where any penalty shall have 
been recovered from any person in respect of any such goods, there shall 
be paid to the officer by whose means such penalty is recovered one 
moiety of the sum recovered. § 9. 

10 Geo. IV. c. 43. 

An Act to amend the Laws relating to the Customs. 

This act to be in force from and after June 21, 1829. § 1. 

New duties. —Instead of the duties and drawbacks imposed and 
allowed by the 6 Geo. IV. c. 111. or by any other act, upon the 
several articles mentioned in the following Table, the several duties and 
drawbacks set forth in figures in the said Table shall, in respect of such 
goods as are mentioned therein, be raised, levied, collected, and paid. 

N. 13. These articles will be found in the schedule marked ||. 


508 


DUTIES. 


Masts , Sfc. into British possessions in North America , Sfc —Masts 
Timber, Staves, Wood, Hoops, Shingles, Lathwood and Cordwood for 
Fuel, shall be imported into any of the British possessions in North 
America duty-free,—and such goods, upon importation thereof from 
such possessions into any other British possessions in America,—or into 
the United Kingdom,—shall be deemed to be the produce of the British 
possessions in North America. § 15. 

Raw hides into British possessions in North America. —Raw hides 
imported into the British possessions in North America, from the West 
Coast of Africa, shall be so imported duty-free. § 16. 

1 Wm. IV. c. 45. 

An Act to subject to Duties of Customs Goods the Property of the 
Crown , in case of Sale after Importation. 

Goods , fyc. the properly of the crown sold after importation charged 
with duty. —Whereas goods, wares, and merchandise, the property of 
the crown, are not by law subject to the payment of any duties of cus¬ 
toms on importation into any part of his Majesty’s dominions : and 
whereas it is expedient that such goods, wares, and merchandise, in the 
case of the sale thereof after importation, should be subject to the pay¬ 
ment of such duties; be it therefore enacted that all goods, wares, and 
merchandise, the property of the crown, shall, in case of the sale thereof 
after importation into this realm, be liable to and shall be charged with 
such and the same duties of customs as may be by law payable or 
charged on the like goods, wares, and merchandise, not being the pro¬ 
perty of the crown. 


1 Wm. IV. c. 48. 

An Act to impose an additional Duty of Customs on Spirits the Pro¬ 
duce of the British Possessions in America. 

Whereas it is expedient to impose an additional duty of customs upon 
the importation of Spirits or Strong Waters the produce of the British 
possessions in America; be it therefore enacted, that there shall be 
raised, levied, collected, and paid an additional duty of customs ot 
sixpence for and upon every gallon of Spirits or Strong Waters, accord¬ 
ing to the strength thereof, the produce of the British possessions in 
America, which shall, on or after the 14th day of June, 1830, be im¬ 
ported, or which, having been previously imported, shall not have been 
entered for home consumption before the said 14th day of June;—and 
the said duties shall be in addition to any other duties now payable 
thereon, and shall be computed, raised, levied, collected, and paid, re¬ 
covered, and applied in such and the like manner and under the like 
powers and provisions as any other duties of customs on such spirits or 
strong waters can or may be computed, raised, levied, collected, and 
paid, recovered, and applied. 

1 and 2 Wm. IV. c. 16. 

An Act to discontinue or alter the Duties of Customs upon Coals , Slates , 
Cotton Wool, Barilla , and Wax. 

Coals and Slates. —Whereas it is expedient that the duties of customs 
upon Coals, Slates, Cotton Wool, Barilla, and Wax shall be discontinued 


DUTIES. 


509 


or altered in manner hereinafter provided ; be it therefore enacted, that 
so much of any act as imposes any duty of customs payable for the 
use of his Majesty upon Coals, Culm, or Cinders brought or sent 
coastwise,—or by land or inland carriage or navigation,—or upon Coals, 
Culm, or Cinders imported from the United Kingdom into the Isle of 
Man, —or upon Slate or Slates carried coastwise—or imported from the 
islands of Guernsey, Jersey, Alderney, Sark, or Man , shall be and the 
same is hereby repealed ;— and that all drawbacks payable vpon the 
exportation of Coals or Slates shall cease and determine; —and that such 
repeal of duties, and such cessation or determination of drawbacks 
shall take effect as on and from the 1st of March, 1831. § 1. 

Export duties on Coals, Culm , and Cinders. —In lieu of the duties 
now payable upon the exportation of Coals, Culm, and Cinders, there 
shall be payable upon the exportation thereof the several duties as * 
the same are set forth in the following table. {Vide schedule of 
duties .) § 2. 

What sort of Coals are to be deemed small Coals. —No Coals shall be 
deemed to be small Coals for the purposes of this act, except such as 
shall have been screened in manner directed by an act passed in the 
56th year of the reign of his late Majesty King George III. in¬ 
tituled “ An Act to reduce the duty on the exportation from Great 
Britain of small coals of a certain description.’’ § 3. 

That is, [“ Through a Riddle or Screen, the bars of which not being in any 
part thereof more than three eighth parts of an inch asunder,” § 1.] 

Duty on Cotton Wool , Sfc. —From and after the passing of this act, 
in lieu of the duties now payable upon the importation of Cotton Wool, 
or waste of Cotton Wool, the following duties shall be payable on the 
importation thereof; (that is to say,) upon every hundred weight of 
Cotton Wool, or waste of Cotton Wool,—the produce of any foreign 
country, or imported from any foreign country,—a duty of five shillings 
and tenpence ;—and upon every hundred weight of Cotton Wool, or 
waste of Cotton Wool, the produce of a British possession,—and imported 
from a British possession,—a duty of fourpence. § 4. 

New duty on Barilla and Alkali from East Indies. —In lieu of the 
duties now payable upon the importation of Natural Alkali imported 
from places within the limits of the East India company’s charter, and 
upon the importation of Barilla, a duty of two pounds for every toh of 
such Alkali or of Barilla shall be payable upon the importation thereof; 
and such duty shall take effect as on and from the L 4th of December, 
1830. § 5. 

Additional duties on Soda in Barilla repealed. —The additional 
duties payable on Barilla in respect of the quantities of Soda or Mineral 
Alkali contained therein shall be and the same are hereby repealed ; 
and such repeal shall take effect as on and from and after the 29th of 
May, 1819. § 6. 

Additional duties on Soda in Alkali from East Indies repealed .—• 
The additional duties payable upon Natural Alkali imported from places 
within the limits of the East India company’s charter; in respect of the 
quanties of Soda or Mineral Alkali contained therein, shall be and the 
same are hereby repealed; and such repeal shall take effect as on and 
from and after the 10th of August, 1828. § 7. 

Return of duty on Barilla used in Bleaching. —And whereas by an 
act passed in the seventh year of the reign of his late Majesty King 
George IV. (c. 48.) intituled “ An Act to alter and amend the 


DUTIES. 


510 

several laws relating to the customs,” provision was made for repaying 
the duties of customs paid on Barilla used before the 5th of January, 

1830, in the process of bleaching of Linen ; and it is expedient to con¬ 
tinue such repayments; be it therefore enacted, that the provisions 
made in the said act for the repayment of such duties shall be and the 
same are hereby revived and continued from the said 5th of January, 
1S30, and made perpetual. § 8. 

Additional duty on Bees Wax. —From and after the 1st of January, 
1832, in addition to the respective duties now payable on the impor¬ 
tation of Bees Wax, a duty of one pound ten shillings upon every hun¬ 
dred weight of bees wax shall be payable on the importation thereof. 

§9. 

How rates shall be collected. —The several duties made payable by 
this act shall be raised, levied, collected, and paid unto his Majesty, and 
shall be appropriated in like manner as if the same had been imposed 
by an act passed in the sixth year of the reign of his late Majesty King 
George IV. intituled “ An Act for granting Duties of Customs.” § 10. 

1 and 2 Wm. IV. c. 30. 

An Act to equalize the Duties on Wine. 

Duties on Wine repealed. —Whereas it is expedient that the several 
duties imposed by or payable under or by virtue of any statute or statutes 
now in force, on the importation of Wine, should cease and determine, 
and that other and more equal duties should be imposed in lieu 
thereof; be it therefore enacted that all the said duties imposed by or 
payable under or by virtue of the said statutes upon the importation 
of Wine, and all drawbacks mentioned in the said statutes upon the 
exportation of wine, shall be and the same are hereby repealed. § 1. 

New duties and drawbacks. —From and after the said 19th of July, 

1831, in lieu of the duties and drawbacks hereby repealed, there shall 

be raised, levied, collected, and paid unto his Majesty, upon all Wine 
imported into the United Kingdom, the several duties as the same are 
respectively set forth in the table hereinafter contained ; and there shall 
be allowed upon the exportation of Wine the several drawbacks as the 
same are respectively set forth in the said table. (Vide schedule of 
duties and bounties, p. 627.) § 2. 

Regulating collection of duties. —The several duties made payable 
by this act shall be raised, levied, collected, and paid unto his Majesty, 
and be appropriated, and the several drawbacks granted by this act shall 
be allowed, in like manner as if the same had been imposed or granted 
by an act passed in the sixth year of the reign of his late Majesty 
King George IV. intituled “ An Act for granting Duties of Cus¬ 
toms.” § 3. 

2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

New duties.—Instead of the duties imposed by the 6 Geo. IV. c. 111. 
or by any other act upon the several articles mentioned in the table 
hereinafter contained, and denominated, “ Table of New Duties In¬ 
wards, 1832,” the several duties set forth in figures in the said table 
shall, in respect of such goods as are mentioned therein, be raised, 


DUTIES. 


511 


levied, collected, and paid unto his Majesty, in like manner as if such 
duties had been imposed in and by the said last-mentioned act, and had 
been set forth in the table thereunto annexed.—These articles will be 
distinguished by a ^[. 

Import duty on printed linens and cottons repealed. —The additional 
duty of threepence halfpenny upon the square yard of manufactures of 
linen and cotton, or of linen mixed with cotton or with wool, imposed 
by the said last-mentioned act upon the importation of such manufac¬ 
tures, if the same be printed, is hereby repealed. § 36. 

Woollen and linen. —AH goods of woollen and linen mixed, the 
manufacture of the United Kingdom, exported to any port or place 
within the limits of the East India company’s charier, shall be so 
exported duty free. § 37. 

Coin exported. —Whereas by the 6 Geo. IV. c. Ill. a duty of ten 
shillings is charged upon every hundred pounds of the value of British 
manufacture exported from the United Kingdom ; and it is expedient, 
that coin shall be exempt from such duty in as full and ample a manner 
as if it were enumerated among the several articles set forth in the said 
act as articles not chargeable with such duty. § 38. 

Drawbacks repealed. —That no drawback of customs shall be allowed 
on goods exported from the United Kingdom after the passing of this 
act,—except upon Wine,—Manufactures of Silk,—Tobacco manufac¬ 
tured,—and Rice or Paddy. § 39. 

2 and 3 Win. IV. c. 95. 

An Act for granting to his Majesty , until the bth day of April , 1833, 
certain duties on Sugar imported into the United Kingdom , for the 
service of the year 1832. (9th August. 1832.) 

Duties on sugar and molasses imposed by 1 Wm. IV. c. 50. continued 
until April , 1833.—The duties imposed on sugar and molasses; and 
the bounties allowed thereon, by the 1 Wm. IV. c. 50. intituled “ An 
Act for granting to his Majesty, until the 5th day of April, 1831, 
certain Duties on Sugar imported into the United Kingdom, for the 
service of the year 1830,” and which have been further continued until 
the 10th day of October, 1832, shall be and the same are hereby further 
continued until the 5th day of April, 1833. 


512 


DUTIES IN FOREIGN SHIPS. 


4 Geo. IV. c. 77. 

An Act to authorize his Majesty under certain circumstances , to regu¬ 
late the Duties and Drawbacks on Goods imported or exported in 

Foreign Vessels; and to exempt certain Foreign Vessels from Pilotage. 

Whereas it is the practice in many cases, as well in foreign countries 
as in the United Kingdom, to charge higher duties, and to grant 
smaller drawbacks, bounties, and allowances, upon goods, wares, or 
merchandise, when imported or exported in ships or vessels not be¬ 
longing to the country in which such duties are charged, or draw¬ 
backs, bounties, or allowances are granted, than are charged or granted 
when imported or exported in ships or vessels belonging to such 
country : and whereas it is expedient that his Majesty should be em¬ 
powered to allow the importation or exportation of any goods, wares, 
and merchandise, in foreign vessels, upon payment of the like duties,— 
and with the like drawbacks, bounties, and allowances,—as are now by 
law paid or granted upon similar goods, wares, and merchandise, when 
imported or exported in British vessels from or to those countries in 
which no other duties are charged, or other drawbacks, &c. granted, 
upon the importation or exportation of any goods, &c. into or from 
such country in British vessels, than are charged or granted upon such 
goods when imported into or exported from such countries in foreign 
vessels :—Be it therefore enacted— 

His Majesty may authorize the importation and exportation of 
goods in foreign vessels , on payment of same duties , Sfc. as British 
vessels. —It shall be lawful for his Majesty with the advice of his privy 
council, or by his Majesty’s orders in council, (to be published in the 
London Gazette ,) to authorize the importation into,—or exportation 
from the United Kingdom,—or from any other of his Majesty’s do¬ 
minions,—of any goods, wares, or merchandise, (which may be legally 
imported or exported in foreign vessels,) upon payment of such and the 
like duties only,—and with the like drawbacks, bounties, and allow¬ 
ances,—as are charged or granted upon similar goods, &c. when im¬ 
ported or exported in British vessels;—Provided always, that before 
any such orders shall be issued, satisfactory proof shall have been laid 
before his Majesty and his privy council, that goods, &c. imported into 
or exported from the foreign country in whose favour such remission 
of duties, or such drawbacks, &c. shall be granted,—are charged with 
the same duties, and are allowed the same drawbacks, &c. when im¬ 
ported into or exported from such foreign country in British vessels, as 
are levied or allowed on similar goods, &c. when imported or exported 
in vessels of such country. § 1. 

Additional duties may be levied in certain cases. —It shall be lawful 
for his Majesty, by order in council as aforesaid, whenever it shall be 
deemed expedient, to levy and charge any additional duties of cus¬ 
toms,—or to withhold the payment of any drawbacks, bounties, or allow¬ 
ances,—upon any goods, wares, or merchandise, imported into or 
exported from the United Kingdom,—or imported into or exported 
from any of his Majesty’s dominions,—in vessels belonging to any 
foreign country, in which higher duties shall have been levied, or smaller 
drawbacks, &c. granted, upon goods, &c. when imported into or ex¬ 
ported from such foreign country in British vessels, than are levied or 
granted upon similar goods, when imported or exported in vessels 
of such country;—Provided always, that such additional or counter- 


RECIPROCITY. 513 

vailing duties so to be imposed, and drawbacks, &c. so to be withheld 
as aforesaid, shall not be of greater amount than may be deemed fairly 
to countervail the difference of duty, drawback, bounty, or allowance 
paid or granted on goods imported into or exported from such foreign 
country in British vessels, more or less than the duties, drawbacks, 
bounties, or allowances there charged or granted upon similar goods 
imported into or exported from such foreign country in vessels of such 
country.—And such additional or countervailing duties of customs 
shall be levied, recovered, and applied, in such and the like manner 
as any other duties of customs are now by law levied, recovered, or 
applied. §§ 2 and 3. 

Duties may be removed, or again imposed. —His Majesty is em¬ 
powered to remove, or again to impose, any such additional or coun¬ 
tervailing duty of customs, or to renew or withhold such drawbacks, 
bounties, or allowances, whenever it shall be deemed expedient so to 
do. § 4. 

Section 5 repealed by 6 Geo. IV. c. 125. § 1. Pilot Act. 

5 Geo. IV. c. 1. 

An Act to indemnify all Persons concerned in advising, issuing, or 
acting under a certain Order in Council, for regulating the Tonnage 
Duties on certain Foreign Vessels ; and to amend an Act of the last 
Session of Parliament , for authorizing his Majesty , under certain 
circumstances, to regulate the Duties and Drawbacks on Goods im¬ 
ported or exported in any foreign vessels. 

Additional Tonnage Duties may be levied on foreign vessels in certain 
cases. —It shall be lawful for his Majesty with the advice of his privy 
council, or by his Majesty’s order or orders in council, to be published 
in the London Gazette, (whenever it shall be deemed expedient,) to levy 
and charge any additional or countervailing duty or duties of Tonnage, 
upon or in respect of any vessels which shall enter any of the ports in the 
United Kingdom of Great Britain and Ireland, —or in any of his Ma¬ 
jesty’s dominions,—and which shall belong to any foreign country, 
in which any duties of tonnage shall have been or shall be levied upon 
or in respect of British vessels, entering the ports of such country, 
higher or greater than are levied or granted upon or in respect of the 
vessels of such country:—Provided always, that such additional or 
countervailing tonnage duties, so to be levied and charged as aforesaid, 
shall not be of greater amount than may be deemed fairly to countervail 
the difference of duty paid in such foreign country upon or in respect 
of the tonnage of British vessels, more than the duty there charged or 
granted upon or in respect of the vessels of such country. § 3. 

His Majesty may authorize the entry of foreign vessels on the like 
Tonnage duties as on British vessels. —It shall be lawful for his Majesty 
with the advice of his privy council, or by his Majesty’s order or orders 
in council, to be published in the London Gazette, to permit and 
authorize the entry into any port or ports of the United Kingdom 
of Great Britain and Ireland, —or of any other of his Majesty’s 
dominions, — of any foreign vessels, upon payment of such and 
the like duties of Tonnage only as are or may be charged or granted 
upon or in respect of similar British vessels;—Provided always, that 
before any such order or orders shall be issued, satisfactory proof shall 
have been laid before his Majesty and his privy council, that vessels ot 
the foreign country, in whose favour such permission shall be granted, 
are charged with no other or higher Tonnage duties on their entrance 



RECIPROCITY. 


514 

into the ports of such foreign country, than are levied on the entry into 
such ports upon the vessels of such country.—Such additional or coun¬ 
tervailing Tonnage duties to be levied, recovered, and applied, in 
such and the like manner as any duties of customs are now by law 
levied, recovered, and applied. §§ 4 and b. 

Duties may be removed or again imposed. § 6. 

See also the 6 Geo. IV. c. 111. § 5. p. 498. further respecting Re¬ 
ciprocity, and the 9 Geo. IV. c. 60. § 7, (Corn Law) in this Part 
Chapter XI. 

ABSTRACT of the 59 Geo. III. c. 54. intituled “An Act to carry 
into effect a Convention of Commerce concluded between his Majesty 
and the United States of America, and a treaty with the Prince Regent 
of Portugal.” [This act is excepted out of the operation of the 6 Geo. 
IV. c. 105. which repeals the former Navigation Laws.] 

After reciting the Convention of Commerce,* dated 3d July, 1815; the 
several acts of the 56 Geo. III. c. 15 ; the 56 Geo. III. c. 51 ; and the 
57 Geo. III. c. 58; and that a further Convention of Commerce* and 
Navigation has been concluded between his Majesty and the United 
States of America, dated the 20th day of October, 1818, whereby in the 
fourth article all the provisions of the aforesaid convention, concluded 
on the 3d day of July, 1815, except as therein excepted, are extended 
and continued in force for the term of ten years from the date of the 
signature of the said further convention . and that it is expedient to 
give effect to such parts of the said Convention as require the sanction 
of Parliament, and to make further provisions than are contained in the 
said recited acts; the same are thereby repealed. § 1. 

Goods of the produce of the United States imported in American- 
built vessels , shall pay the like duties as goods imported in Bri ish 
vessels. —Upon the importation of any goods, being the growth, pro¬ 
duction, or manufacture of any of the territories of the United States 
of America, imported direct from the said territories in any vessel built 
in the countries belonging to the said states, or any of them, or taken 
by any of the vessels of war belonging to the government or any of the 
inhabitants of the said states, having commissions of letters of marque 
and reprisal, from the government of the said states, and condemned 
as lawful prize in any court of admiralty there, such vessel being owned 
by the subjects of the said states, or any of them, and whereof the 
master and three-fourths of the mariners are also subjects of the said 
states, no higher or other duties shall be charged or paid, than such as 
are charged and payable upon goods of the like description, being the 
growth, production, or manufacture, of any of the territories of the 
United States of America, and being imported in British-built ships or 
vessels navigated and registered according to law. § 2. 

Goods so imported in American-built vessels may be sold by Auction 
free of that duty. —All goods imported in any vessel built in the 
said United States of America, or condemned as prize there, and being 
owned and navigated as hereinbefore mentioned, shall and may be sold 
by Auction free of the duty imposed by law on goods sold by Auction : 
provided that nothing in this act contained shall extend to authorize 
the sale of any such goods free of the said duty, unless on the first sale 
of such goods by or for the account of the original importer, by whom 


* These will be found post. 




RECIPROCITY. 


515 


the same were entered at the custom-house at the port of importation, 
nor unless such sale shall be made within twelve months after the time 
when such goods shall have been so imported. § 3. 

The same duties shall be payable on exportation of goods exported in 
British-built vessels to America , as on the exportation of like articles to 
Europe. —The same duties shall be paid on the exportation of all goods 
of the growth, produce, or manufacture of Great Britain, exported direct 
from thence to any place within the territories of the United States of 
America in British-built ships owned, registered, and navigated ac¬ 
cording to law, or in ships built in the United States of America, or 
condemned as prize there, and being owned and navigated as herein¬ 
before mentioned, as are or shall be payable on the exportation of the 
like articles to Europe. § 4. 

Same bounties allowed on exportation of goods in American-built 
vessels as in British-built. —Upon the exportation from the United 
Kingdom to the United States of America of any goods, the growth, 
production, or manufacture of the said United Kingdom, or any of his 
Majesty’s territories in Europe, in any vessel built in the said United 
States of America, or condemned as prize there, and being owned and 
navigated as hereinbefore mentioned, the same bounty or allowance 
shall be paid as at the time of such exportation may be allowed upon 
the exportation thereof to the said states in any British-built vessel 
navigated and registered according to law. § 5. 

Vessels of American-built allowed to clear out for the British settle¬ 
ments in the East Indies , subject to the same regulations as British- 
built vessels. —Whereas it is expedient that vessels built in countries 
belonging to the United States, or condemned as prize there, and owned 
and navigated as hereinbefore mentioned, should be allowed to clear 
out from any part of the United Kingdom for the principal settlements 
of the British dominions in the East Indies, viz. Calcutta, Madras, 
Bombay, and Prince of Wales’s Island, with any articles which may 
legally be exported from the United Kingdom to the said settlements in 
British-built ships ; it is enacted, that all vessels built in the said United 
States of America, or any of them, or condemned as prize there, and 
being owned and navigated as hereinbefore mentioned, shall be allowed 
to clear out from any port of the United Kingdom for the following 
principal settlements of the British dominions in the East Indies, viz. 
Calcutta, Madras, Bombay, and Prince of Wales’s Island, with any 
goods which may be legally exported from the United Kingdom to the 
said settlements in British-built vessels, subject to the like rules and 
restrictions as upon the exportation of such goods to the said settlements 


in British-built ships. § 6. 

Duties of package, 8>c. payable to the City of London or any other 
corporation not to be affected. —Nothing in this act contained shall 
extend to repeal or alter the duties of package, scavage, bailage, or 
portage, or any other duties payable to the mayor and commonalty, 
and citizens of the city of London, or to the lord mayor of the said 
city for the time being, or to any other city or town corporate within 
Great Britain, or any other special privilege or exemption to which any 
persons, bodies politic or corporate, are now entitled by law in respect 
of goods imported and exported. § 7. 

Duties leviable on American and Portuguese vessels entering the ports 
of this kingdom , to be same as those payable on British vessels.— And 
whereas by the aforesaid convention it is provided, that no higher or 
other duties or charges shall be imposed in any of the ports in any of 

2 l 2 


516 


RECIPROCITY. 


his Majesty’s territories in Europe, on the vessels of the United States 
of America, than shall be payable in the same ports on British 
vessels : and whereas a similar provision was made in the treaty of amity, 
commerce, and navigation, concluded between his Majesty and his 
Royal Highness the Prince Regent of Portugal, dated the 19th day of 
February, 1810 : and whereas certain rates and duties, under the deno¬ 
mination of light duties, pilotage, ballast, buoyage, and beaconage rates, 
harbour duties, and other dues, are now payable by law', charter, special 
privilege, or grant to the corporation of Trinity-house of Deptford 
Strond, to the trustees of Ramsgate harbour, to other bodies politic and 
corporate, and to sundry persons in whom such rates and duties may 
be vested respectively on foreign ships and vessels, over and above the 
rates anel duties payable on British ships: and whereas it is expedient 
that the object of the said treaties should be effectually carried into 
executionit is enacted that no higher or other rates or duties shall 
be levied on vessels of the United States of America, or on Portuguese 
vessels entering or touching at any of the ports of the United Kingdom, 
or of his Majesty’s territories in Europe, than are now or which may 
become hereafter, payable on British ships. § 8. 

Certain Corporations to be paid the difference of duties on British 
and foreign vessels out of the consolidated duties of customs. —And 
whereas it is expedient that the said Corporation trustees of Ramsgate 
harbour, other bodies politic and corporate, and sundry other persons, 
should be indemnified for the loss sustained by means of this act; 
it is enacted, that the difference in such cases between the duties payable 
on British ships, and those payable on foreign ships, shall be paid out 
of the consolidated duties of customs. § 9. 

Duties of package, Sfc. payable to the Corporation of London on ac¬ 
count of American or Portuguese subjects shall be payable in like 
manner.— -And in order that the objects of the said trustees may be 
more fully effected, it is enacted, that so much of the said duties of 
package, scavage, bailage, or portage, or any other duties payable to 
the said lord mayor and commonalty and citizens of the city of London, 
or to the lord mayor of the said city for the time being, as have been 
heretofore paid for or on account of American or Portuguese ships, or 
American or Portuguese subjects respectively, shall, after the passing of 
this act, be paid out of the consolidated duties of customs to the col¬ 
lector appointed to receive such duties. § 10. 

This act shall continue in force so long as the aforesaid further con¬ 
vention between his Majesty and the United States of America, dated 
20th October, 1818, ( or the term of ten years,)* and the aforesaid treaty 
between his Majesty and his Royal Highness the Prince Regent of 
Portugal, signed at Rio de Janeiro the 19th February, 1810, and so 
long as any treaty to be made with any foreign power with the similar 
provision hereinbefore recited, shall respectively continue in force. 

By the 2 and 3 Wm. IV. c. 84. $ 62 it is enacted, that—Any Treaty heretofore made 
subsequently to the 59 Geo. III. c. 54. or any Treaty which may hereafter be made 
with any Foreign Powers, in which Treaty has been or shall be contained Provi¬ 
sions similar to those in the said recited Act, all the Provisions, Clauses, Matters, and 
Things, in the said Act, did and shall apply and extend to the Trade and Shipping 
of such Foreign Powers respectively, as fully and effectually to all intents and pur 
poses, as to the trade and shipping of the said United States and of the said Kingdom 
of Portugal. But recited Act not to be construed as granting Powers beyond sub¬ 
sisting Treaties ; and His Majesty is to declare the Powers with whom Treaties are 
subsisting. 


* But see Treaty, d. ted 6 August, 1327, post. 




ORDERS IN COUNCIL. 


517 


PRUSSIAN VESSELS. 

At the Court at Carlton House. 
The 25 May, 1824 ; 

Present, 

The King's most Excellent Majesty. 


Whereas by an act passed in the 4th year of his present Majesty George the Fourth, 
(c. 77.) intituled An Act to authorize his Majesty under certain circumstances to regu¬ 
late the duties and drawbacks on goods imported or exported in foreign vessels ; and to 
exempt certain foreign vessels from pilotage , his Majesty is authorized by and with 
the advice of his privy council to issue orders in council [here the clause is recited]. 
And whereas by an Act passed in the present session of parliameht, (5 Geo. IV. c. 1.) 
intituled An Act to indemnif y all persons concerned in advising , issuing, or acting under 
a certain Order in Council , for regulating the tonnage duties on certain foreign vessels ; 
and to amend an act of the last session of parliament, for authorizing his Majesty, under 
certain circumstances, to regulate the duties and drawbacks on goods imported or ex¬ 
ported in any foreign vessels , [here the clause is recited]. 

Whereas by a Convention, bearing date the 2 April last, his Majesty the King of 
Prussia has engaged that from and after the 1st day of May then next ensuing, Bri¬ 
tish vessels and their cargoes entering or departing Irom the ports of Prussia shall be 
placed on the same footing as Prussian vessels, in respect of the articles permitted to 
be imported or exported, and of the duties, bounties, and drawbacks, and allowances 
on such British vessels and cargoes, his Majesty, by virtue of the powers vested in him 
by the acts above recited, and by and with the advice of his Privy Council, is pleased 
to order, and it is hereby ordered, that Prussian vessels entering or departing from the 
ports of the United Kingdom of Great Britain and Ireland shall not be subject to 
any other or higher duties or charges whatever, than are or shall be levied on 
British vessels entering or departing from such ports ;—That all articles of the growth, 
produce, or manufacture of any of the dominions of his Prussian Majesty, which are 
or shall be permitted to be imported into or exported from the ports of the United 
Kingdom of Great Britain and Ireland in British ships, shall in like manner be per¬ 
mitted to be imported into and exported from the said ports in Prussian vessels;— 
That all articles not of the growth, produce, or manufacture of the dominions of his 
Prussian Majesty, which can legally be imported from Prussia into the ports of the 
United Kingdom in Prussian vessels, shall be subject only to the same duties as are 
payable upon the like articles if imported in British ships;—That all goods, wares, 
and merchandise which can legally be imported into the ports of the United Kingdom 
shall be admitted at the same rate of duty when imported in Prussian vessels,—that 
is, charged on similar articles imported in British vessels ;—and that all goods, wares, 
and merchandise which can be legally exported from the ports of the United Kingdom, 
shall be entitled to the same bounties, drawbacks, and allowances when exported in 
Prussian vessels, that are granted, paid, or allowed on similar articles when exported in 
British vessels. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury are 
to give the necessary directions herein accordingly. 


Gazetted 15 June, 1824. 


JAMES BULLER. 


HANOVERIAN VESSELS. 

At the Court at Carlton House, 

The 25 May, 1824 ; 

Present, 

The King’s most Excellent Majesty. 

Whereas by an act passed in the 4th year of Geo. IV. c. 77. An Act to authorize 
his Majesty , under certain circumstances, to regulate the duties and drawbacks on goods 
imported and exported in foreign vessels; and to exempt certain foreign vessels from 
pilotage [here the clause is recited]. And whereas by an act, 5 Geo. IV. c. 1, An 



518 


ORDERS IN COUNCIL. 


Act to indemnify all persons concerned in advising , issuing , or acting under a certain 
Order in Council , for regulating the tonnage duties on certain foreign vessels ; and to 
amend an act of the last session of parliament for authorizing his Majesty , under certain 
circumstances , to regulate the duties and drawbacks on goods imported or exported in 
any foreign vessels [here the clause is recited]. 

Whereas satisfactory proof has been laid before his Majesty and his Privy Council 
that goods, wares, and merchandise, imported into or exported from the kingdom of 
Hanover are charged with the same duties, and are allowed the same drawbacks, 
bounties, or allowances, when imported or exported in British vessels, as are levied or 
allowed on similar goods, wares, and merchandise, when imported or exported from 
the said kingdom of Hanover in Hanoverian vessels,—and that British vessels are 
charged with no other or higher Tonnage duties on their entrance into the port of the 
kingdom of Hanover than are levied on Hanoverian vessels. Ilis Majesty, by virtue 
of the powers vested in him by the acts before recited, and by and with the advice of 
his Privy Council, is pleased to order, and it is hereby ordered, that Hanoverian 
vessels entering or departing from the ports of the United Kingdom of Great Britain 
and Ireland,—together with the cargoes on board the same—(such cargoes consisting 
of articles which may be legally imported or exported)—shall not be subject to any 
other or higher duties or charges whatever than are or shall be levied on British vessels 
entering or departing from such ports, or on similar articles when imported into or ex* 
ported from such ports in British vessels;—and that all such articles, when exported 
from the said ports in Hanoverian vessels, shall be entitled to the same bounties, draw¬ 
backs, and allowances, that are granted on similar articles when exported in British 
vessels. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury 
are to give the necessary directions herein accordingly. 


Gazetted 15 June, 1824. 


JAMES BULLER. 


SWEDISH VESSELS. 

At the Court at Carlton House, 

The 25 May, 1824; 

Present, 

The Kino’s most Excellent Majestv. 

Whereas, &c. [the acts of 4 Geo. IV. c. 77. and 5 Geo. IV. c. 1. recited.] Whereas 
satisfactory proof has been laid before his Majesty and his Privy Council, that goods, 
wares, and merchandise, imported into and exported from the ports of Sweden, are 
charged with the same duties, and are allowed the same drawbacks, bounties, or allow¬ 
ances, when imported or exported in British vessels, as are levied or allowed on similar 
goods, wares, and merchandise, when imported or exported from Sweden in Swedish 
vessels ;—and that British vessels are charged with no other or higher tonnage duties 

on their entrance into the ports of Sweden than are levied on Swedish vessels_his 

Majesty, by virtue of the powers vested in him by the acts before recited, and by and 
with the advice of his Privy Council, is pleased to order, and it is hereby ordered, that 
Swedish vessels entering the ports of the United Kingdom of Great Britain and Ire¬ 
land, in ballast or laden, or departing from the ports of the said United Kingdom, 
together with their cargoes on board the same, (such cargoes consisting of articles 
which may be legally imported or exported,) shall not be subject to any other or 
higher duties or charges whatever, than are or shall be levied on British vessels en¬ 
tering or departing from such ports, or on similar articles when imported into or ex¬ 
ported from such ports in British vessels;—and also that such articles when exported 
from the said ports in Swedish vessels, shall be entitled to the same bounties, draw¬ 
backs, and allowances, that are granted on similar articles when exported in British 
vessels. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury are 
to give the necessary directions herein accordingly. " J 


Gazetted 15 June, 1824. 


JAMES BULLER. 



ORDERS IN COUNCIL. 


519 


The Orders respecting the following vessels are, except the dates, verbatim the same 
as for Swedish vessels:— 


NORWEGIAN VESSELS 

DANISH VESSELS. 

HAMBURGH VESSELS. 

LUBECK VESSELS. 

BREMEN VESSELS. 

OLDENBURGH VESSELS... 
MECKLENBURGH VESSELS 


Date. Gazetted. 


23 

June, 

1824.- 

-26 

June, 

1824. 

30 

June, 

1824. 

- 3 

July, 

1824. 

30 

June, 

1824. 

- 3 

Jutyj 

1824. 

14 

Aug. 

1824.- 

-17 

Aug. 

1824. 

14 

Aug. 

1824.- 

-17 

Aug. 

1824. 

19 

1 Oct. 

1824.- 

-23 

Oct. 

1824. 

14 

June, 

1825.- 2 

July, 

1825. 


N.B.—The permission so granted to foreign vessels is intended to apply only to 
importations legally made into the United Kingdom, from the ports of the countries to 
which such foreign vessels may respectively belong.—Treasury Order, 14 July, 1824 


And to prevent the foregoing Order being evaded, it is directed that when coals or 
any other articles shall be exported in such foreign vessels on payment only of tho 
low duty, bond shall be given in the penalty of five hundred pounds in each case, for 
the due landing of tire articles so exported, in some port of the country to which such 
vessel shall belong, and for the production within six months of certificates of the due 
landing of the cargoes before such bonds shall be discharged.—But if masters of vessels 
belonging to countries with which treaties of reciprocity have been concluded, cannot 
procure bondsmen, and prefer paying the high duty,—the difference between that and 
the low duty will be returned, provided the shipper declares, at the time of payment, 
his intention of procuring such certificate, and of claiming the return, in order that it 
may be then ascertained that the ship is entitled to this indulgence, under the treaty 
of reciprocity.—Council Letter, 23 June, 1827,—and Treasury Order, 7 November, 
1827. 


RIO DE LA PLATA, COLOMBIA, AND MEXICO. 

At the Court at Windsor, , 

The 3 September, 1827 ; 

Present, 

The King’s most Excellent Majesty in Council. 

Whereas by an act passed in the 4th and 5th years of his present Majesty’s reign, 
&c. &c. [the recital is similar to the preceding orders.] 

And whereas satisfactory proof has been laid before his Majesty and his Privy 
Council, that goods, v/ares, and merchandise imported into or exported from the ports 
of the united provinces of Rio de la Plata, the state of Colombia , and the united states 
of Mexico respectively are charged with the same duties and are allowed the same 
drawbacks, bounties, or allowances, when imported or exported in British vessels, as 
are levied or allowed on similar goods, wares, and merchandise, when imported into 
or exported from the said ports in vessels of the said united provinces of Rio de la 
Plata, and of the said state of Colombia, and of the said united states of Mexico re¬ 
spectively ; and that British vessels are charged with no other or higher tonnage duties 
on their entrance into the ports of Rio de la Plata, Colombia, and Mexico respectively, 
than are levied on vessels of the said united provinces of Rio de la Plata, the said 
state of Colombia, and the said united states of Mexico respectively. 

His Majesty, by virtue of the powers vested in him by the acts above recited, and by 
and with the advice of his Privy Council, is therefore pleased to order, and it is hereby 
ordered, that from and after the date of this order, vessels of the united provinces of 
Rio de la Plata, of the state of Colombia, and of the united states of Mexico respect¬ 
ively, entering the ports of the United Kingdom of Great Britain and Ireland in ballast, 
or laden direct from any of the ports of Rio de la Plata, Colombia, and Mexico 












520 


ORDERS IN COUNCIL. 


respectively, or departing from the ports of the said United Kingdom, together with the 
cargoes on board the same, such cargoes consisting of articles which may be legally 
imported or exported, shall not be subject to any other or higher duties or charges 
whatever than are or shall be levied on British vessels entering or departing from such 
ports, or on similar articles when imported into or exported from such ports in British 
vessels ; and also that such articles when exported from the said ports in vessels of the 
united provinces of Rio de la Plata, of the state of Colombia, and of the united states 
of Mexico respectively, shall be entitled to the same bounties, drawbacks, and allow¬ 
ances that are granted on similar articles when exported in British vessels. 

Provided nevertheless, that nothing herein contained shall extend or be construed to 
extend to any duties or charges on account of tonnage, light, or harbour dues, pilotage, 
salvage, (in case of damage or shipwreck,) or any other local charges to which any 
vessels of the united provinces of Rio de la Plata, of the burthen of one hundred and 
twenty tons , or of any less burthen, are now by law liable in the ports of any of his 
Majesty’s dominions; it appearing to his Majesty and his Privy Council that British 
vessels of the burthen of one hundred and twenty tons, or of any less burthen, are sub¬ 
ject in the ports of the said united provinces to higher duties and charges than are 
levied in those ports on vessels of the said united provinces of the. burthen of one 
hundred and twenty tons, or of any less burthen. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury are 
to give the necessary directions herein accordingly. 


Gazetted 3 Sept. 1827. 


C. C. GREVILLE. 


NETHERLANDS’ SHIPS. 

At the Court at Windsor, 

30 January, 1826; 

‘ ti 

Present, 

The King’s most Excellent Majesty. 

Whereas by a certain act of parliament, made and passed in the 6 Geo. IV. c. 111. 
intituled “ An Act for granting Duties of Customs,” it is, among other things, enacted, 
“ that it shall be lawful for his Majesty, by and with the advice of his privy council, 
from time to time, to order and direct that there shall be levied and collectld any ad¬ 
ditional duty, not-exceeding one-fifth of the amount of any existing duty, upon all or 
any goods, when imported in the ships of any country which shall levy higher or 
other duties upon goods when imported in British ships, than when imported in the 
national ships of such country.” And whereas higher and other duties are levied in 
the ports of the United Netherlands on certain goods when imported in British ships 
than when imported in Netherland ships, his Majesty does therefore, under the autho¬ 
rity of the above-recited act, by and with the advice of his privy council, order, that 
upon ALL GOODS imported into the United Kingdom in Netherland ships from and 
after the date of this order, there shall be levied and collected, in addition to the exist¬ 
ing duties otherwise payable upon the importation of such goods , a further duty , amount - 
ing to one-fiftli part of such existing duties. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury are 
to give the necessary directions herein accordingly. 


Gazetted 31 January, 1831. 


JAMES BULLER. 


At the Court at Windsor, 

30 January, 1826 ; 

Present, 

The King’s most Excellent Majesty in Council. 

Whereas by a certain act of parliament, made and passed in the 5th year of the 
reign of his present Majesty, (c. 1.) intituled “ An Act to indemnify all persons con- 




521 


ORDERS IN COUNCIL. 


cerned in advising, issuing, or acting under a certain Order in Council, for regulating 
the Tonnage Duties on certain foreign vesselsand to amend an act u of the last 
session of parliament, (4 Geo. IV. c. 77.) for authorizing his Majesty, under certain 
circumstances, to regulate the duties and drawbacks on goods imported or exported in 
any foreign vessels.” It is amongst other things enacted, [here the clause is recited.] 
And whereas duties of Tonnage are levied upon or in respect of British vessels entering 
the ports of the United Netherlands laden with Salt, higher or greater than are levied 
and granted upon or in respect of the vessels of the United Netherlands aforesaid, en* 
tering the ports aforesaid, laden with Salt:— 

And such higher Tonnage duties are, in the ports aforesaid, levied upon and in 
respect of so much only of the Tonnage of such British vessels as is actually employed 
in the carriage and importation of such Salt, and are equivalent to one pound thirteen 
shillings and fourpence for every ton of such vessels so employed :— 

His Majesty doth therefore, under the authority gf the above recited act, by and 
with the advice of his Privy Council, order that from and after the date of this order, 
there shall be levied and charged upon or in respect of all vessels belonging to the 
United Netherlands aforesaid, which shall enter any of the ports of the United King¬ 
dom of Great Britain and Ireland, such additional or countervailing duty of tonnage 
as after-mentioned; that is to say, there shall be levied upon every such Netherland 
vessel which shall enter the said ports, a duty of one pound thirteen shillings and 
fourpence upon each and every ton burthen of the said vessels, which upon her clearing 
out from any such port for any port in the kingdom of the United Netherlands, shall 
be actually occupied and employed in the carriage and exportation of salt, the tonnage 
or burthen so made subject to such additional or countervailing duty being deemed to 
be equivalent to the number of tons of the weight of such salt ascertained prior to the 
shipment thereof. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury are 
to give the necessary directions herein accordingly. 


Gazetted 31 January, 1831. 


J. BULLER. 


*** But by a further Order, dated 3 April, 1828, the operation of this latter order is 
to be suspended until further orders, so far as respects the article “ Rock Salt.” 


AUSTRIAN VESSELS. 

An Order verbatim as that for Hanoverian vessels was issued the 21 November 
1831 ; and Gazetted 3 January, 1832. 


522 


A LIST of the COUNTRIES or STATES with which TREATIES of RECI¬ 
PROCITY, CONVENTIONS, and COMMERCIAL AGREEMENTS have 
been concluded, with their respective Dates; and the Dates of the Orders of the 
British Government in relation thereto. 


Date of Treaty. Date of Order in Council. Date when Gazetted. 

America United Stales . 3 July, 1815. 17 Aug. 1815. 26 Aug. 1815. 

20 Oct. 1818. 

' 6 Aug. 1827. 

- South America , viz. 

Columbia. 18 April, 1825. *16 July, 1827.'j 

Mexico. 26 Dec. 1826. Ditto. V 10 Aug. 1827. 

Rio de la Plata 2 Feb. 1825. Ditto. J 

Austria. 4 Dec. 1829. 21 Nov. 1831. 3 Jan. 1832. 

Denmark . 16 June, 1824. 30 June, 1824. 3 July, 1824. 

France. 26 Jan. 1826. *1 June, 1826. 4 July, 1826. 

*16 Dec. 1826. 

*16 July, 1827. 10 Aug. 1827. 

Hanover. 12 June, 1824. *25 May, 1824. 15 June, 1824. 


*16 July, 1827. 10 Aug. 1827. 

Hanse Towns, viz.— 

Hamburgh . 29 Sept. 1825. 30 June, 1824. 3 July, 1824. 


*16 July, 1827. 10 Aug. 1827. 

Bremen . Ditto. 14 Aug. 1824. 17 Aug. 1827. 

*16 July, 1827. 10 Aug. 1827. 

Lubeck . Ditto. 14 Aug. 1824. 17 Aug. 1827. 

*16 July, 1827. 10 Aug. 1827 

Mecklenburgh . 14 June, 1825. 18 June, 1825. 

Morocco . 14 June, 1801. 

Netherlands, respecting 1 

Territories in the East > 17 March, 1824. 

Indies. J 

Norway .18 March, 1826. 23 June, 1824. 26 June, 1824. 

*16 July, 1827. 10 Aug. 1827. 

Oldenburg ... .. 19 Oct. 1824. 23 Oct. 1824. 

*16 July, 1827. 10 Aug. 1827. 

Portugal . 27 Dec. 1703. 

19 Feb. 1810. 

Prussia . 2 April, 1824. 25 May, 1824. 15 June, 1824. 

3 May, 1826. 4 July, 1826. 

Russia .28(16)Feb.l825. *16 July, 1827. 10 Aug. 1827. 

Sweden .18 March, 1826. 25 May, 1824. 15 June, 1824. 

*16 July, 1827. 10 Aug. 1827. 

Two Sicilies . 26 Sept. 1827. 

*** Frankfort. . 13 May, 1832. 


Such of the above Orders as are marked thus (*) being to regulate the Trade of 
British Possessions Abroad, will be found in Chap. IX. post. 

*** A complete Collection of the Treaties and Conventions at present subsisting 
between Great Britain and Foreign Powers has been published by Lewis Hertslet, Esq. 
of the Foreign Office, from authentic documents.—Butterworth, 1827. 























CONVENTIONS OF COMMERCE. 


523 


CONVENTION of COMMERCE between GRE AT BRITAIN and the UNITED 

STATES OF AMERICA. 

Article 1. —There shall be, between all the territories of his Britannic Majesty in 
Europe, and the territories of the United States, a reciprocal liberty of commerce. The 
inhabitantsof the two countries, respectively, shall have liberty freely and securely to come, 
with their ships and cargoes, to all such places, ports, and rivers, in the territories 
aforesaid, to which other foreigners are permitted to come, to enter into the same, and 
to remain and reside in any parts of the said territories respectively; also to hire and 
occupy houses and warehouses for the purposes of their commerce; and generally, 
the merchants and traders of each nation, respectively, shall enjoy the most complete 
protection and security for their commerce; but subject always to the laws and statutes 
of the two countries respectively. 

2.—No other or higher duties shall be imposed on the importation into the terri¬ 
tories of his Britannic Majesty in Europe, of any articles, the growth, produce, or 
manufacture of the United States ; and no other or higher duties shall be imposed on 
the importation into the United States, of any articles, the growth, produce, or manu¬ 
facture of his Britannic Majesty’s territories in Europe, than are or shall be payable 
oil the like articles, being the growth, produce, or manufactures of any other foreign 
country; nor shall any other or higher duties or charges be imposed in either of the 
two countries, on the exportation of any articles to his Britannic Majesty’s territories 
in Europe, or to the United States respectively, than such as are payable on the ex¬ 
portation of the like articles to any other foreign country; nor shall any prohibition 
be imposed upon the exportation or importation of any articles, the growth, produce, or 
manufacture of the United States, or of his Britannic Majesty’s territories in Europe, 
to or from the said territories of his Britannic Majesty in Europe, or to or from the 
said United States, which shall not equally extend to all other nations. 

No higher or other duties or charges shall be imposed in any of the ports of the 
United States on British vessels, than those payable in the same ports by vessels of the 
United States; nor in the ports of any of his Britannic Majesty’s territories in Europe, 
on the vessels of the United States, than shall be payable in the same ports on British 
vessels. 

The same duties shall be payable on the importation into the United States of any 
articles, the growth, produce, or manufacture of his Britannic Majesty’s territories in 
Europe, whether such importation shall be in vessels of the United States or in British 
vessels ; and the same duties shall be paid on'the importation into the ports of any of 
his Britannic Majesty’s territories in Europe, of any articles, the growth, produce, or 
manufacture of the United States, whether such importation shall be in British vessels, 
or in vessels of the United States. 

The same duties shall be paid, and the same bounties allowed on the exportation of 
any articles, the growth, produce, or manufacture of his Britannic Majesty’s territo¬ 
ries in Europe to the United States, whether such exportation shall be in vessels of 
the United States, or in British vessels; and the same duties shall be paid, and the 
same bounties allowed on the exportation of any article, the growth, produce, or manu¬ 
facture of the United States, to his Britannic Majesty’s territories in Europe, whether 
such exportation shall be in British vessels, or in vessels of the United States. 

It is further agreed, that in all cases where drawbacks are or may be allowed upon 
the re-exportation of any goods, the growth, produce, or manufacture of either country 
respectively, the amount of the said drawbacks shall be the same, whether the said 
goods shall have been originally imported in a British or American vessel; but, when 
such re-exportation shall take place from the United States in a British vessel, or from 
the territories of his Britannic Majesty in Europe in an American vessel, to any other 
foreign nation, the two contracting parties reserve to themselves respectively, the right 
of regulating or diminishing, in such case, the amount of the said drawback. 

The intercourse between the United States and his Britannic Majesty’s possessions 
in the West Indies, and on the continent of North America, shall not be affected by 
any of the provisions of this article; but each party shall remain in the complete pos¬ 
session of its rights, with respect to such an intercourse. 

3.—His Britannic Majesty agrees that the vessels of the United States of America 
shall be admitted and hospitably received at the principal settlements of the British 
dominions in the East Indies; viz. Calcutta, Madras, Bombay, and Prince of Wales’ 
Island, and that the citizens of the said United States may freely carry on trade 
between the said principal settlements and the said United States, in all articles of 
which the importation and exportation respectively, to and from the said territories, 
shall not be entirely prohibited: provided only, that it shall not be lawful for them, in 


524 


CONVENTIONS OF COMMERCE. 


any time of war between the British government and any state or power whatever, to 
export from the said territories, without the special permission of the British govern, 
ment, any military stores or naval stores, or rice. The citizens of the United States 
shall pay for their vessels, when admitted, no higher or other duty or charge than 
shall be payable on the vessels of the most favoured European nation, and they shall 
pay no higher or other duties or charges on the importation or exportation of the car¬ 
goes of the said vessels, than shall be payable on the same articles when imported or 
exported in the vessels of the most favoured European nations. 

But it is expressly agreed that the vessels of the United States shall not carry any 
articles from the said principal settlements to any port or place, except to some port or 
place in the United States of America, where the same shall be unladen. 

It is also understood, that the permission granted by this article is not to extend to 
allow the vessels of the United States to carry on any part of the coasting-trade of the 
said British territories, but the vessels of the United States, having, in the first in¬ 
stance, proceeded to one of the said principal settlements of the British dominions in 
the East Indies, and then going with their original cargoes, or any part thereof, from 
one of the said principal settlements to another, shall not be considered as carrying on 
the coasting trade. The vessels of the United States may also touch for refreshments, 
but not for commerce, in the course of their voyage to or from the British territories in 
India, or to or from the dominions of the Emperor of China, at the Cape of Good 
Hope, the Island of St. Helena, or such other places as may be in the possession of 
Great Britain, in the African or Indian Seas ; it being well understood that, in all 
that regards this article, the citizens of the United States shall be subject in all re¬ 
spects to the laws and regulations of the British government, from time to time 
established. 

4. —It shall be free for each of the two contracting parties respectively to appoint 
consuls for the protection of trade, to reside in the dominions and territories of the 
other party; but before any consul shall act as such, he shall, in the usual form, be 
approved and admitted by the government to which he is sent: and it is hereby de¬ 
clared, that, in case of illegal and improper conduct towards the laws or government 
of the country to which he is sent, such consul may either be punished according to 
law, if the laws will reach the case, or be sent back, the offended government assigning 
to the other the reasons for the same. 

It is hereby declared, 'that either of the contracting parties may except from the resi¬ 
dence of consuls such particular places as such party may judge fit to be so excepted. 

5. —This convention, when the same shall have been duly ratified by his Britannic 
Majesty and by the President of the United States, by and with the advice and consent 
of their senate, and the respective ratifications mutually exchanged, shall be binding 
and obligatory on his Majesty, and on the said United States, for four years* from the 
date of its signature; and the ratifications shall be exchanged in six months from this 
time, or sooner if possible. 

Done at London, this third day of July, in the year of our Lord one thousand eight 
hundred and fifteen. 


(Signed, &c.) 


FREDERICK J. ROBINSON. 
HENRY GOULBURN. 
WILLIAM ADAMS. 


JOHN A. ADAMS. 
H. CLAY. 

ALBERT GALATIN. 


CONVENTION of COMMERCE between GREAT BRITAIN and the UNITED 
STATES OF AMERICA. Signed at London, the 20th Oct. 1818. 

Artict.e 1. —Whereas differences have arisen respecting the liberty claimed by the 
United States, for the inhabitants thereof to take, dry, and cure fish, on certain coasts, 
bays, harbours, and creeks of his Britannic Majesty’s dominions in America, it is 
agreed between the high contracting parties, that, the inhabitants of the said United 
States shall have, for ever, in common with the subjects of his Britannic Majesty, the 
liberty to take/sA of every kind, on that part of the coast of Newfoundland, which 
extends from Cape Ray to the Rameau Islands, on the western and northern coasts of 
Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the 
Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount 
Joly, on the southern coast of Labrador, to and through the Straits of Belleisle, and 
thence northwardly indefinitely along the coast, without prejudice, however, to any of 


* The act of the 59 Geo. III. c. 54. for carrying this Treaty into execution will be 
found at page 514. 



525 


AMERICA. U. S. 

the exclusive rights of the Hudson Bay Company : and that the American fishermen 
shall also have liberty, for ever, to dry and cure fish in any of the unsettled bays, 
harbours, and creeks of the southern part of the coast of Newfoundland, here above 
described, and of the coast of Labrador; but so soon as the same, or any portion 
thereof, shall be settled, it shall not be lawful for the said fishermen to dry or cure 
fish, without previous agreement for such purpose, with the inhabitants, proprietors, 
or possessors of the ground. A nd the United States hereby renounce, for ever, any 
liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure . 
fish, on or within three marine miles of any of the coasts, bays, creeks, or harbours of 
his Britannic Majesty’s dominions in America, not included within the above-men¬ 
tioned limits; provided, however, that the American fishermen shall be admitted to 
enter such bays or harbours, for the purpose of shelter and of repairing damages 
therein, of purchasing wood, and of obtaining water, and for no other purpose what¬ 
ever. But they shall be under such restrictions as may be necessary to prevent their 
taking, drying, or curing fish therein, or in any other manner whatever abusing the 
privileges hereby reserved to them. 

2. —It is agreed that a line drawn from the most north-western point of the Lake of 
the Woods, along the forty-ninth parallel of north latitude, or if the said point shall 
not be in the forty-ninth parallel of north latitude, then that a line drawn from the 
said point due north or south, as the case may be, until the said line shall intersect the 
said parallel of north latitude, and from the point of such intersection due west along 
and with the said parallel, shall be the line of demarcation between the territories of 
the United States and those of his Britannic Majesty, and that the said line shall form 
the northern boundary of the said territories of the United States, and the southern 
boundary of the territories of his Britannic Majesty, from the Lake of the Woods to 
the Stony Mountains. 

3. —It is agreed, that any country that may be claimed by either party on the 
north-west coast of America, westward of the Stony Mountains, shall, together with 
its harbours, bays, and creeks, and the navigation of all rivers within the same, be free 
and open, for the term of ten years from the date of the signature of the present con¬ 
vention, to the vessels, citizens, and subjects of the two powers : it being well under¬ 
stood, that this agreement is not to be construed to the prejudice of any claim which 
either of the two high contracting parties may have to any part of the said country, 
nor shall it be taken to affect the claims of any other power or state to any part of the 
said country, the only object of the high contracting parties, in that respect, being to 
prevent disputes and differences among themselves. 

4. —All the provisions of the convention to “ regulate the commerce between the 
territories of the United States and of his Britannic Majesty, concluded at London,” 
on the 3d day of July, in the year of our Lord 1815, with the exception of the clause 
which limited its duration to four years and excepting, also, so far as the same was 
affected by the declaration of his Majesty respecting the island of St. Helena, are 
hereby extended and continued in force for the term of ten years from the date of the 
signature of the present convention, in the same manner as if all the provisions of the 
said convention were herein specially recited. 

Done at London this 20th day of October, 1818. 

FRED. JOHN ROBINSON. ALBERT GALLATIN. 

HENRY GOULBURN. RICHARD RUSH. 


CONVENTION of COMMERCE between His Majesty and the UNITED 
STATES OF AMERICA. Signed at London, August 6, 1827. 

Artici.e 1 . —All the provisions of the convention concluded between his Majesty 
the King of the United Kingdom of Great Britain and Ireland, and the United States 
of America, on the 3d of July, 1815, and further continued for the term of ten years 
by the fourth article of the Convention of the 20th of October, 1818, with the excep¬ 
tion therein contained as to St. Helena, are hereby further indefinitely, and without 
the said exception, extended and continued in force, from the date of the expiration of 
the said ten years, in the same manner as if all the provisions of the said Convention 
of the 3d of July, 1815, were herein specifically recited. 

2.—It shall be competent, however, to either of the contracting parties, in case 
either should think fit, at any time after the expiration of the said ten years,—that is, 
after the 20th of October, 1828,—on giving due notice of twelve mouths to the other 
contracting party, to annul and abrogate this Convention; and it shall, in such case, 
be accordingly entirely annulled and abrogated, after the expiration of the said term 
of notice. 


526 


CONVENTIONS OF COMMERCE. 

3. —The present Convention shall be ratified, and the ratifications shall be ex¬ 
changed in nine months, or sooner if possible. 

In witness whereof, the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 6th day of August, in the year of our Lord 1827. 

CHA. GRANT. ALBERT GALLATIN. 

HENRY UNWIN ADDINGTON. 

TREATY of AMITY, COMMERCE, and NAVIGATION, between his Majesty 

and the STATE OF COLOMBIA, together with an additional Article thereunto 

annexed. Sigued at Bogota, April 18, 1825. 

Article 1.—There shall be perpetual, firm, and sincere amity between the domi¬ 
nions and subjects of his Majesty the King of the United Kingdom of Great Britain 
and Ireland, his heirs and successors, and the state and people of Colombia. 

2.—There shall be, between all the territories of his Britannic Majesty in Europe, 
and the territories of Colombia, a reciprocal freedom of commerce. The subjects and 
citizens of the two countries respectively shall have liberty freely and securely to come, 
with their ships and cargoes, to all such places, ports, and rivers, in the territories 
aforesaid, to which other foreigners are or may be permitted to come, to enter into the 
same, and to remain and reside in any part of the said territories respectively ; also to 
hire and occupy houses and warehouses for the purposes of their commerce ; and, 
generally, the merchants and traders of each nation respectively shall enjoy the most 
complete protection and security for their commerce, subject always to the laws and 
statutes of the two countries respectively. 

I 3.—His Majesty the King of the United Kingdom of Great Britain and Ireland en¬ 
gages further, that the citizens of Colombia shall have the like liberty of commerce 
and navigation stipulated for in the preceding article, in all his dominions situated out 
of Europe, to the full extent in which the same is permitted at present, or shall be per¬ 
mitted hereafter, to any other nation. 

4. —No higher or other duties shall be imposed on the importation into the territo¬ 
ries of his Britannic Majesty of any articles of the growth, produce, or manufacture of 
Colombia,—and no higher or other duties shall be imposed on the importation into the 
territories of Colombia of any articles of the growth, produce, or manufacture of his 
Britannic Majesty’s dominions, than are or shall be payable on the like articles, being 
the growth, produce, or manufacture of any other foreign country ; nor shall any other 
or higher duties or charges be imposed, in the territories or dominions of either of the 
contracting parties, on the exportation of any articles to the territories or dominions of 
the other, than such as are or may be payable on the exportation of the like articles to 
any other foreign country; nor shall any prohibition be imposed upon the exportation 
or importation of any articles the growth, produce, or manufacture of his Britannic 
Majesty’s dominions, or of the said territories of Colombia, to or from the said domi¬ 
nions of his Britannic Majesty, or to or from the said territories of Colombia, which 
shall not equally extend to all other nations. 

5. —No higher or other duties or charges on account of tonnage, light, or harbour 
dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, 
shall be imposed, in any of the ports of Colombia, on British vessels, than those pay¬ 
able in the same ports by Colombian vessels; nor in the ports of his Britannic Ma¬ 
jesty’s territories on Colombian vessels, than shall be payable in the same ports on 
British vessels. 

6. —The same duties shall be paid on the importation into the territories of Colom¬ 
bia of any article the growth, produce, or manufacture of his Britannic Majesty’s 
dominions, whether such importation shall be in Colombian or in British vessels'; and 
the same duties shall be paid on the importation into the dominions of his Britannic 
Majesty of any article of the growth, produce, or manufacture of Colombia, whether 
such importation shall be in British or Colombian vessels. The same duties shall be 
paid, and the same drawbacks and bounties allowed, on the exportation to Colombia of 
any articles of the growth, produce, or manufacture of his Britannic Majesty's domi¬ 
nions, whether such exportation shall be in Colombian or in British vessels; and the 
same duties shall be paid, and the same bounties and drawbacks allowed, on the ex¬ 
portation of any articles the growth, produce, or manufacture of Colombia to his Bri¬ 
tannic Majesty’s dominions, whether such exportation shall be in British or Colombian 
vessels. 

7. —In order to avoid any misunderstanding with respect to the regulations which 
may respectively constitute a British or a Colombian vessel, it is hereby agreed, that all 


SOUTH AMERICA. 527 

vessels built in the dominions of his Britannic Majesty, and owned by British subjects, 
or by any of them, and whereof the master and three-fourths of the mariners, at least, 
are British subjects, excepting where the laws provide for any extreme cases, shall be 
considered as British vessels; and that all vessels built in the territories of Colombia, 
and owned by the citizens thereof, or any of them, and whereof the master and three- 
fourths of the mariners, at least, are Colombian citizens, excepting where the laws pro¬ 
vide for any extreme cases, shall be considered as Colombian vessels. 

8.—All merchants, commanders of ships, and others, the subjects of his Britannic 
Majesty, or citizens of the State of Colombia, shall have full liberty, in all the territo¬ 
ries of both powers respectively, to manage their own affairs themselves, or to commit 
them to the management of whomsoever they please, as broker, factor, agent, or inter¬ 
preter; nor shall they be obliged to employ any other persons for those purposes, nor 
to pay them any salary or remuneration, unless they shall choose to employ them; and 
absolute freedom shall be allowed in all cases to the buyer and seller to bargain and fix 
the price of any goods, wares, or merchandise imported into or exported from the terri¬ 
tories of either of the contracting parties, as they shall see good. 

9-—In whatever relates to the lading and unlading of ships, the safety of merchan¬ 
dise, goods, and effects, the succession to personal estates, and the disposal of 
personal property of every sort and denomination, by sale, donation, exchange, or tes¬ 
tament, or in any other manner whatsoever, as also the administration of justice, the 
subjects and citizens of the two contracting parties shall enjoy, in their respective 
dominions and territories, the same privileges, liberties, and rights, as the most favoured 
nation, and shall not be charged in any of these respects with any higher imposts or 
duties than those which are paid, or may be paid, by the native subjects or citizens of 
the power in whose dominions or territories they may be resident. 

They shall be exempted from all compulsory military service whatsoever, whether 
by sea or land, and from all forced loans or military exactions and requisitions; neither 
shall they be compelled to pay any ordinary taxes, under any pretext whatsoever, 
greater than those that are paid by the subjects or citizens of one or other power. 

10. —It shall be free for each of the two contracting parties to appoint consuls for 
the protection of trade, to reside in the dominions and territories of the other party; but 
before any consul shall act as such, he shall in the usual form be approved and ad¬ 
mitted by the government to which he is sent; and either of the contracting parties 
may except from the residence of consuls such particular places as either of them may 
judge fit to be so excepted. 

11. —For the better security of commerce between the subjects of his Britannic Ma¬ 
jesty and the citizens of Colombia, it is agreed that if, at any time, any interruption of 
friendly commercial intercourse, or any rupture should unfortunately take place between 
the two contracting parties, the subjects or citizens of either of the two contracting par¬ 
ties residing in the dominions of the other, shall have the privilege of remaining and 
continuing their trade therein, without any manner of interruption, so long as they 
behave peaceably, and commit no offence against the laws; and their effects and 
property, whether intrusted to individuals or to the state, shall not be liable to seizure 
or sequestration, or to any other demands than those which may be made upon the 
like effects or property, belonging to the native inhabitants of the state in which such 
subjects or citizens may reside. 

12. —The subjects of his Britannic Majesty residing in the territories of the State 
of Colombia shall enjoy the most perfect and entire security of conscience, without 
being annoyed, prevented, or disturbed on account of their religious belief. Neither 
shall they be annoyed, molested, or disturbed in the proper exercise of their religion, 
provided that this take place in private houses, and with the decorum due to divine 
worship, with due respect to the laws, usages, and customs of the country. Liberty 
shall also be granted to bury the subjects of his Britannic Majesty who may die in the 
said territories of Colombia, in convenient and adequate places, to be appointed and 
established by themselves for that purpose, with the knowledge of the local authorities. 
Nor shall the funerals or sepulchres of the dead be disturbed in any wise, nor upon 
any account. In the like manner, the citizens of Colombia shall enjoy, within all the 
dominions of his Britannic Majesty, a perfect and unrestrained liberty of conscience, 
and of exercising their religion publicly or privately within their own dwelling houses, 
or in the chapels and places of worship appointed for that purpose, agreeably to the 
system of toleration established in the dominions of his said Majesty. 

13. —The government of Colombia engages to cooperate with his Britannic Majesty 
for the total abolition of the slave trade, and to prohibit all persons inhabiting within 
the territories of Colombia, in the most effectual manner, from taking any share in such 
trade. 

14. —And for as much as it would be convenient and useful, for the purpose of 
facilitating the mutual good understanding between the two contracting parties, and 





528 


CONVENTIONS OF COMMERCE. 


for avoiding all difficulties henceforward, that other articles should be proposed and 
added to the present treaty, which articles, both from a want of due time for their con¬ 
sideration, as well as from the pressure of circumstances, cannot at present be drawn 
up with the required perfection, it has been and is agreed on the part of both powers, 
that they will, with the least possible delay, come forward to treat and agree upon such 
articles as may be wanting to this treaty, and deemed mutually beneficial; and which 
articles, when they shall be agreed upon, and shall be duly ratified, shall form part of 
the present treaty of amity, commerce, and navigation. 

15.—The present treaty shall be ratified by his Majesty the King of the United 
Kingdom of Great Britain and Ireland, and by the president or vice-president charged 
with the executive power of the State of Colombia, with the consent and approbation 
of the congress of the said state; and the ratifications shall be exchanged at London 
within the space of six months, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done in the city of Bogota, the 18th day of April, in the year of our Lord 1825. 


JOHN POTTER HAMILTON. 
PATRICK CAMPBELL. 


PEDRO GUAL. 

PEDRO BRICENO MENDEZ, 


Additional Article. —Whereas in the present state of Colombian shipping, it 
would not be possible for Colombia to take advantage of the reciprocity established by 
the Articles 5, 6, and 7 of the treaty signed this day, if that part should be car¬ 
ried into immediate effect, which stipulates that in order to be considered as a Colom¬ 
bian ship, a ship shall actually have been built in Colombia,—it is agreed that, for the 
space of seven years, to be reckoned from the date of the ratification of this treaty, 
any ships, wheresoever built, being bond fide the property of any of the citizens of 
Colombia, and whereof the master and three-fourths of the mariners, at least, are also 
Colombian citizens, excepting where the laws provide for any extreme cases, shall be 
considered as Colombian ships :—his Majesty the King of the United Kingdom of 
Great Britain and Ireland reserving to himself the right, at the end of the said term 
of seven years, to claim the principle of reciprocal restriction stipulated for in the 
Article 7 above referred to, if the interests of British navigation shall be found to 
be prejudiced by the present exception to that reciprocity, in favour of Colombian 
shipping. 

The present additional article shall have the same force and validity as if it were in¬ 
serted, word for word, in the Treaty signed this day.—It shall be ratified, and the rati¬ 
fications shall be exchanged at the same time. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done in the city of Bogota, the 18th day of April, in the year of our Lord 1825. 


JOHN POTTER HAMILTON, 
PATRICK CAMPBELL. 


PEDRO GUAL. 

PEDRO BRICENO MENDEZ. 


TREATY of AMITY, COMMERCE, and NAVIGATION, between His Majesty 
and the UNITED STATES of MEXICO, together with two additional Articles 
thereunto annexed. Signed at London, December 26, 1826. 

Article 1.—There shall be perpetual amity between the dominions and subjects 
of his Majesty the King of the United Kingdom of Great Britain and Ireland, and 
the United States of Mexico, and their citizens. 

2.—There shall be, between all the territories of his Britannic Majesty in Europe 
and the territories of Mexico, a reciprocal freedom of commerce. The inhabitants of 
the two countries, respectively, shall have liberty freely and securely to come, with 
their ships and cargoes, to all places, ports, and rivers in the territories aforesaid, 
saving only such particular ports to which other foreigners shall not be permitted to 
come, to enter into the same, and to remain and reside in any part of the said terri¬ 
tories respectively ; also to hire and occupy houses and warehouses for the purposes 
of their commerce ; and generally, the merchants and traders of each nation, respect¬ 
ively, shall enjoy the most complete protection and security for their commerce. 


SOUTH AMERICA. 


529 


In like manner, the respective ships of war, and post-office packets of the two 
countries, shall have liberty freely and securely to come to all harbours, rivers, and 
places, saving only such particular ports (if any) to which other foreign ships of 
war and packets shall not be permitted to come, to enter into the same, to anchor, and 
to remain there and refit; subject always to the laws and statutes of the two countries, 
respectively. 

By the right of entering the places, ports, and rivers mentioned in this article, the 
privilege of carrying on the coasting trade is not understood, in which national vessels 
only are permitted to engage. 

3. —His Majesty the King of the United Kingdom of Great Britain and Ireland 
engages further, that the inhabitants of Mexico shall have the like liberty of com¬ 
merce and navigation stipulated for in the preceding article, in all his dominions situ¬ 
ated out of Europe, to the full extent in which the same is permitted at present, or 
shall be permitted hereafter, to any other nation. 

4. —No higher or other duties shall be imposed on the importation into the do¬ 
minions of his Britannic Majesty, of any article of the growth, produce, or manufac¬ 
ture of Mexico, and no higher or other duties shall be imposed on the importation 
into the territories of Mexico, of any articles of the growth, produce, or manufacture 
of his Britannic Majesty’s dominions, than are or shall be payable on the like articles, 
being the growth, produce, or manufacture of any other foreign country; nor shall 
any other or higher duties or charges be imposed in the territories or dominions of 
either of the contracting parties, on the exportation of any articles to the territories of 
the other, than such as are or may be payable on the exportation of the like articles 
to any other foreign country; nor shall any prohibition be imposed upon the export¬ 
ation of any articles the growth, produce, or manufacture of his Britannic Majesty’s 
dominions, or of the said territories of Mexico, to or from the said dominions of his 
Britannic Majesty, or to or from the said territories of Mexico, which shall not equally 
extend to all other nations. 

5_No higher or other duties or charges on account of tonnage, light or harbour 

dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, 
shall be imposed, in any of the ports of Mexico, on British vessels, than those 
payable in the same ports, by Mexican vessels; nor, in the ports of his Britannic 
Majesty’s territories, on Mexican vessels, than shall be payable, in the same ports, on 
British vessels. 

6. —The same duties shall be paid on the importation into the territories of Mexico, 
of any article, the growth, produce, or manufacture of his Britannic Majesty’s domi¬ 
nions, whether such importation shall be m Mexican or in British vessels; and the 
same duties shall be paid on the importation into the dominions of his Britannic 
Majesty, of any article, the growth, produce, or manufacture of Mexico, whether such 
importation shall be in British or in Mexican vessels. The same duties shall be paid, 
and the same bounties and drawbacks allowed, on the exportation to Mexico of any 
articles of the growth, produce, or manufacture of his Britannic Majesty’s dominions, 
whether such exportation shall be in Mexican or in British vessels; and the same 
duties shall be paid, and the same bounties and drawbacks allowed, on the exportation 
of any articles the growth, produce, or manufacture of Mexico, to his Britannic Ma¬ 
jesty’s dominions, whether such exportation shall be in British or in Mexican vessels. 

7. —In order to avoid any misunderstanding with respect to the regulations which 
may respectively constitute a British or Mexican vessel, it is hereby agreed that all 
vessels built in the dominions of his Britannic Majesty, or vessels which shall have 
been captured from an enemy by his Britannic Majesty’s ships of war, or by subjects 
of his said Majesty furnished with letters of marque by the lords commissioners of the 
Admiralty, and regularly condemned in one of his said Majesty’s prize courts as a 
lawful prize, or which shall have been condemned in any competent court for the 
breach of the laws made for the prevention of the slave trade, and owned, navigated, 
and registered according to the laws of Great Britain, shall be considered as British 
vessels; and that all vessels built in the territories of Mexico, or captured from the 
enemy by the ships of Mexico, and condemned under similar circumstances, and 
which shall be owned by any citizen or citizens thereof, and whereof the master and 
three-fourths of the mariners are citizens of Mexico, excepting where the laws provide 
for any extreme cases, shall be considered as Mexican vessels. 

And it is further agreed, that every vessel, qualified to trade as above described, 
tinder the provisions of this treaty, shall be furnished with a register, passport, or sea- 
letter, under the signature of the proper person authorized to grant the same, according 
to the laws of the respective countries, (the form of which shall be communicated,) 
certifying the name, occupation, and residence of the owner or owners, in the do¬ 
minions of his Britannic Majesty, or in the territories of Mexico, as the case may be ; 
and that he, or they, is, or are, the sole owner or owners, in the proportion to be spe- 

2 M 


530 


CONVENTIONS OF COMMERCE. 


cified; together with the name, burthen, and description of the vessel, as to built and 
measurement, and the several particulars constituting the national character of the 
vessel, as the case may be. 

8. —All merchants, commanders of ships and others, the subjects of his Britannic 
Majesty, shall have full liberty, in all the territories of Mexico, to manage their own 
affairs themselves, or to commit them to the management of whomsoever they please, 
as broker, factor, agent, or interpreter ; nor shall they be obliged to employ any other 
persons for those purposes than those employed by Mexicans, nor to pay them any 
other salary or remuneration than such as is paid, in like cases, by Mexican citizens; 
and absolute freedom shall be allowed, in all cases, to the buyer and seller, to bargain 
and fix the price of any goods, wares, or merchandise, imported into, or exported from 
Mexico, as they shall see good, observing the laws and established customs of the 
country. The same privileges shall be enjoyed in the dominions of his Britannic Ma¬ 
jesty, by the citizens of Mexico, under the same conditions. 

The citizens and subjects of the contracting parties, in the territories of each other, 
shall receive and enjoy full and perfect protection for their persons and property, and 
shall have free and open access to the courts of justice in the said countries, respec¬ 
tively, for the prosecution and defence of their just rights; and they shall be at liberty 
to employ, in all causes, the advocates, attornies, or agents of whatever description, 
whom they may think proper ; and they shall enjoy, in this respect, the same rights 
and privileges therein, as native citizens. 

9. —In whatever relates to the succession to personal estates, by will or otherwise, 
and the disposal of personal property of every sort and denomination, by sale, donation, 
exchange, or testament, or in any other manner whatsoever, as also the administration 
of justice, the subjects and citizens of the two contracting parties shall enjoy, in 
their respective dominions and territories, the same privileges, liberties, and rights, as 
native subjects; and shall not be charged, in any of these respects, with any higher 
imposts or duties, than those which are paid, or may be paid, by the native subjects 
or citizens of the power in whose dominions or territories they may be resident. 

10. —In all that relates to the police of the ports, the lading and unlading of ships, 
the safety of merchandise, goods, and effects, the subjects of his Britannic Majesty, 
and the citizens of Mexico, respectively, shall be subject to the local laws and regula¬ 
tions of the dominions and territories in which they may reside. They shall be ex¬ 
empted from all compulsory military service, whether by sea or land. No forced 
loans shall be levied upon them ; nor shall their property be subject to any other 
charges, requisitions, or taxes, than such as are paid by the native subjects or citizens 
of the contracting parties, in their respective dominions. 

11. —It shall be free for each of the two contracting parties to appoint consuls for 
the protection of trade, to reside in the dominions and territories of the other party : 
but, before any consul shall act as such, he shall, in the usual form, be approved and 
admitted by the government to which he is sent; and either of the contracting parties 
may except from the residence of consuls such particular places as either of them may 
judge fit to be excepted. The Mexican diplomatic agents and consuls shall enjoy in 
the dominions of his Britannic Majesty, whatever privileges, exceptions, and im¬ 
munities are or shall be granted to agents of the same rank belonging to the most 
favoured nation; and, in like manner, the diplomatic agents and consuls of his Bri¬ 
tannic Majesty in the Mexican territories shall enjoy, according to the strictest reci¬ 
procity, whatever privileges, exceptions, and immunities are or may be granted to the 
Mexican diplomatic agents and consuls in the dominions of his Britannic Majesty. 

12. —For the better security of commerce between the subjects of his Britannic 

Majesty and the citizens of the Mexican States, it is agreed that if, at any time, any 
interruption of friendly intercourse, or any rupture should unfortunately take place 
between the two contracting parties, the merchants residing upon the coasts shall be 
allowed six monlhs, and those of the interior a whole year, to wind up their accounts 
and dispose of their property ; and that a safe conduct shall be given them to embark 
at the port which they shall themselves select. All those who are established in the 
respective dominions and territories of the two contracting parties, in the exercise of 
any trade or special employment, shall have the privilege of remaining and continuing 
such trade and employment therein, without any manner of interruption, in full en¬ 
joyment of their liberty and property, as long as they behave peaceably, and commit 
no offence against the laws; and their goods and effects, of whatever description they 
may be, shall not be liable to seizure or sequestration, or to any other charges or 
demands than those which may be made upon the like effects or property, belonging 
to the native subjects or citizens of the respective dominions or territories in which 
such subjects or citizens may reside. In the same case, debts between individuals, 
public funds, and the shares of companies, shall never be confiscated, sequestered or 
detained. 1 * 


MEXICO 


531 


13. —The subjects of his Britannic Majesty, residing in the Mexican territories, 
shall enjoy, in their houses, persons, and properties, the protection of the government; 
and, continuing in possession of what they now enjoy, they shall not be disturbed, 
molested, or annoyed, in any manner, on account of their religion, provided they re¬ 
spect that of the nation in which they reside, as well as the constitution, laws, and 
customs of the country. They shall continue to enjoy, to the full, the privilege already 
granted to them of burying, in the places already assigned for that purpose, such 
subjects of his Britannic Majesty as may die within the Mexican territories; nor shall 
the funerals and sepulchres of the dead be disturbed in any way, or upon any account. 
The citizens of Mexico shall enjoy, in all the dominions of his Britannic Majesty, the 
same protection, and shall be allowed the free exercise of their religion, in public or 
private, either within their own houses, or in the chapels and places of worship set 
apart for that purpose. 

14. —The subjects of his Britannic Majesty, shall, on no account or pretext what¬ 
soever, be disturbed or molested in the peaceable possession and exercise of whatever 
rights, privileges, and immunities they have at any time enjoyed within the limits 
described and laid down in a convention, signed between his said Majesty and the 
King of Spain, on the 14th of July, 1786 ; whether such rights, privileges and im¬ 
munities shall be derived from the stipulations of the said convention, or from any 
other concession which may, at any time, have been made by the King of Spain, 
or his predecessors, to British subjects and settlers residing and following their 
lawful occupations within the limits aforesaid; the two contracting parties re¬ 
serving, however, for some more fitting opportunity, the further arrangements on this 
article. 

15. —The government of Mexico engages to cooperate with his Britannic Ma¬ 
jesty for the total abolition of the slave trade, and to prohibit all persons inhabiting 
within the territories of Mexico, in the most effectual manner, from taking any share 
in such trade. 

16. —The two contracting parties reserve to themselves the right of treating and 
agreeing hereafter, from time to time, upon such other articles as may appear to 
them to contribute still further to the improvement of their mutual intercourse, and 
the advancement of the general interests of their respective subjects and citizens; 
and such articles as may be so agreed upon, shall, when duly ratified, be regarded as 
forming a part of the present treaty, and shall have the same force as those now con¬ 
tained m it. 

17. —The present treaty shall be ratified, and the ratifications shall be exchanged 
at London, within the space of six months, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and 
have affixed thereto their respective seals. 

Done at London, the 26th day of December, in the year of our Lord 1826. 

WILLIAM HUSKISSON SEBASTIAN CAMACHO. 

JAMES J. MORIER. 


ADDITIONAL ARTICLES. 

Artici.e I.—Whereas, in the present state of Mexican shipping, it would not be 
possible for Mexico to receive the full advantage of the reciprocity established by the 
articles 5, 6, 7, of the treaty signed this day, if that part of the 7th article which 
stipidates that, in order to be considered as a Mexican ship, a ship shall actually have 
been built in Mexico, should be strictly and literally observed, and immediately 
brought into operation,—it is agreed that, for the space of ten years, to be reckoned 
from the date of the exchange of the ratifications of this treaty, any ships wheresoever 
built, being bond fide the property of, and wholly owned by, one or more citizens of 
Mexico, and whereof the master and three-fourths of the mariners, at least, are also 
natural born citizens of Mexico, or persons domiciliated in Mexico, by act of the go¬ 
vernment, as lawful subjects of Mexico, to be certified according to the laws of that 
country, shall be considered as Mexican ships ; his Majesty the King of the United 
Kingdom of Great Britain and Ireland reserving to himself the right, at the end of 
the said term of ten years, to claim the principle of reciprocal restriction stipulated for 
in the article 7, above referred to, if the interests of British navigation shall be 
found to be prejudiced by the preseut exception to that reciprocity, in favour of Mexican 
shipping. 

2.—It is further agreed that, for the like term of ten years, the stipulations con¬ 
tained in articles 5 and 6 of the present treaty, shall be suspended; and, in lieu 
thereof, it is hereby agreed that, until the expiration of the said term of ten years, 

2 m 2 


532 CONVENTIONS OF COMMERCE. 

British ships entering into the ports of Mexico from the United Kingdom of Great 
Britain and Ireland, or any other of his Britannic Majesty’s dominions, and all articles 
the growth, produce, or manufacture of the United Kingdom, or of any of the said 
dominions, imported in such ships, shall pay no other or higher duties than are or 
may hereafter be payable, in the said ports, by the ships, and the like goods, the 
growth, produce, or manufacture of the most favoured nation : and, reciprocally, it is 
agreed that Mexican ships entering into the ports of the United Kingdom of Great 
Britain and Ireland, or any other of his Britannic Majesty’s dominions, from any 
port of the States of Mexico, and all articles, the growth, produce, or manufacture of 
the said states, imported in such ships, shall pay no other or higher duties than are or 
may hereafter be payable, in the said ports, by the ships and the like goods, the 
growth, produce, or manufacture of the most favoured nation; and that no higher 
duties shall be paid, or bounties or drawbacks allowed, on the exportation of any article, 
the growth, produce, or manufacture of the dominions of either country, in the ships 
of the other, than upon the exportation of the like articles in the ships of any other 
foreign country. 

It being understood that, at the end of the said term of ten years, the stipulations 
of the said 5th and 6th articles shall, from thenceforward, be in full force between the 
two countries. 

The present additional articles shall have the same force and validity as if they 
were inserted word for word, in the treaty signed this day. They shall be ratified, and 
the ratifications shall be exchanged at the same time. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto their respective seals. 

Done at London, the 26th day of December, in the year of our Lord 1826. 

WILLIAM HUSKISSON. SEBASTIAN CAMACHO. 

JAMES J. MORI ER. 


TREATY of AMITY, COMMERCE, and NAVIGATION, between his Majesty 
and the UNITED PROVINCES of RIO DE LA PLATA. Signed at Buenos 

Ayres, February 2, 1825. 

Article 1.—There shall be perpetual amity between the dominions and subjects 
of his Majesty the King of the United Kingdom of Great Britain and Ireland, and 
the United Provinces of Rio de la Plata, and their inhabitants. 

2. —There shall be, between all the territories of his Britannic Majesty in Europe, 
and the territories of the United Provinces of Rio de la Plata, a reciprocal freedom of 
commerce: the inhabitants of the two countries, respectively, shall have liberty freely 
and securely to come, with their ships and cargoes, to all such places, ports, and 
rivers, in the territories aforesaid, to which other foreigners are or may be permitted 
to come, to enter into the same, and to remain and reside in any part of the said 
territories respectively; also to hire and occupy houses and warehouses for the pur¬ 
poses of their commerce; and, generally, the merchants and traders of each nation, 
respectively, shall enjoy the most complete protection and security for their commerce; 
subject always to the laws and statutes of the two countries respectively. 

3. —His Majesty the King of the United Kingdom of Great Britain and Ireland 
engages further, that in all his dominions situated out of Europe, the inhabitants of 
the United Provinces of Rio de la Plata shall have the like liberty of commerce and 
navigation stipulated for in the preceding article, to the full extent in which the same 
is permitted at present, or shall be permitted hereafter, to any other nation. 

4. —No higher or other duties shall be imposed on the importation into the terri¬ 
tories of his Britannic Majesty, of any articles of the growth, produce, or manufacture 
of the United Provinces of Rio de la Plata, and no higher or other duties shall be 
imposed on the importation into the said United Provinces, of any articles of the 
growth, produce, or manufacture of his Britannic Majesty’s dominions, than are or 
shall be payable on the like articles, being the growth, produce, or manufacture of any 
other foreign country ; nor shall any other or higher duties or charges be imposed, in 
the territories or dominions of either of the contracting parties, on the exportation of 
any articles to the territories or dominions of the other, than such as are or may be 
payable on the exportation of the like articles to any other foreign country: nor shall 
any prohibition be imposed upon the exportation or importation of any articles the 
growth, produce, or manufacture of his Britannic Majesty’s dominions, or of the said 
United Provinces, which shall not equally extend to all other nations. 

5. —No higher or other duties or charges on account of tonnage, light, or harbour 
dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, 


RIO DE LA PLATA. 


533 


shall he imposed, in any of the ports of the said United Provinces on British vessels 
of the burthen of above one hundred and twenty tons, than those payable, in the same 
ports, by vessels of the said United Provinces of the same burthen ; nor in the ports 
of any of his Britannic Majesty’s territories, on the vessels of the United Provinces 
of above one hundred and twenty tons, than shall be payable, in the same ports, on 
British vessels of the same burthen. 

6. —The same duties shall be paid on the importation into the said United Provinces 
of any article the growth, produce, or manufacture of his Britannic Majesty’s domi¬ 
nions, whether such importation shall be in vessels of the said United Provinces, or in 
British vessels ; and the same duties shall be paid on the importation into the do¬ 
minions of his Britannic Majesty of any article, the growth, produce, or manufacture 
of the said United Provinces, whether such importation shall be in British vessels, or 
in vessels of the said United Provinces r—the same duties shall be paid, and the 
same drawbacks and bounties allowed, on the exportation of any article of the growth, 
produce, or manufacture of his Britannic Majesty’s dominions to the said United Pro¬ 
vinces, whether such exportation shall be in vessels of the said United Provinces, or in 
British Vessels; and the same duties shall be paid, and the same bounties and draw¬ 
backs allowed, on the exportation of any articles, the growth, produce, or manufacture 
of the said United Provinces to his Britannic Majesty’s dominions, whether such ex¬ 
portation shall be in British vessels, or in vessels of the said United Provinces. 

7. —In order to avoid any misunderstanding with respect to the regulations which 
may respectively constitute a British vessel, or a vessel of the said United Provinces, 
it is hereby agreed, that all vessels built in the dominions of his Britannic Majesty, 
and owned, navigated, and registered according to the laws of Great Britain, shall be 
considered as British vessels; and that all vessels built in the territories of the said 
United Provinces, properly registered, and owned by the citizens thereof, or any of 
them, and whereof the master and three-fourths of the mariners, at least, are citizens 
of the said United Provinces, shall be considered as vessels of the said United 
Provinces. 

8. —All merchants, commanders of ships, and others, the subjects of his Britannic 
Majesty, shall have the same liberty, in all the territories of the said United Provinces, 
as the natives thereof, to manage their own affairs themselves, or to commit them to 
the management of whomsoever they please, as broker, factor, agent, or interpreter ; 
nor shall they be obliged to employ any other persons for those purposes, nor to pay 
them any salary or remuneration, unless they shall choose to employ them; and ab¬ 
solute freedom shall be allowed, in all cases, to the buyer and seller to bargain and 
fix the price of any goods, wares, or merchandise imported into, or exported from, the 
said United Provinces, as they shall see good. 

9—In whatever relates to the lading and unlading of ships, the safety of merchan¬ 
dise, goods, and effects, the disposal of property of every sort and denomination, by 
sale, donation, or exchange, or in any other manner whatsoever, as also the admi¬ 
nistration of justice, the subjects and citizens of the two contracting parties shall 
enjoy, in their respective dominions, the same privileges, liberties, and rights, as the 
most favoured nation, and shall not be charged, in any of these respects, with any 
higher duties or imposts than those which are paid, or may be paid, by the native 
subjects or citizens of the power in whose dominions they may be resident. They 
shall be exempted from all compulsory military service whatsoever, whether by sea or 
land, and from all forced loans, or military exactions or requisitions ; neither shall 
they be compelled to pay any ordinary taxes, under any pretext whatsoever, greater 
than those that are paid by native subjects or citizens. 

10. —It shall be free for each of the two contracting parties to appoint consuls for 
the protection of trade, to reside in the dominions and territories of the other party; 
but before any consul shall act as such, he shall, in the usual form, be approved arid 
admitted by the government to which he is sent; and either of the contracting parties 
may except from the residence of consuls, such particular places as either of them may 
judge fit to be so excepted. 

11. —For the better security of commerce between the subjects of his Britannic Ma¬ 
jesty, and the inhabitants of the United Provinces of Rio de la Plata, it is agreed, 
that if at any time any interruption of friendly commercial intercourse, or any rupture 
should unfortunately take place between the two contracting parties, the subjects or 
citizens of either of the two contracting parties residing in the dominions of the other, 
shall have the privilege of remaining and continuing their trade therein, without any 
manner of interruption, so long as they behave peaceably, and commit no offence 
against the laws; and their effects and property, whether intrusted to individuals or 
to the state, shall not be liable to seizure or sequestration, or to any other demands 
than those which may be made upon the like effects or property, belonging to the 
native inhabitants of the state in which such subjects or citizens may reside. 



534 CONVENTIONS OF COMMERCE.—AUSTRIA. 


12. —The subjects of his Britannic Majesty residing in the United Provinces of Rio 
de la Plata, shall not be disturbed, persecuted, or annoyed on account of their re¬ 
ligion, but they shall have perfect liberty of conscience therein, and to celebrate 
divine service either within their own private houses, or in their own particular 
churches or chapels, which they shall be at liberty to build and maintain in convenient 
places, approved of by the government of the said United Provinces:—liberty shall 
also be granted to bury the subjects of his Britannic Majesty who may die in the ter¬ 
ritories of the said United Provinces, in their own burial places, which, in the same 
manner, they may freely establish and maintain. In the like manner, the citizens of 
the said United Provinces shall enjoy, within all the dominions of his Britannic Ma¬ 
jesty, a perfect and unrestrained liberty of conscience, and of exercising their religion 
publicly or privately, within their own dwelling houses, or in the chapels and places of 
worship appointed for that purpose, agreeably to the system of toleration established in 
the dominions of his said Majesty. 

13. —It shall be free for the subjects of his Britannic Majesty, residing in the 
United Provinces of Rio de la Plata, to dispose of their property, of every description, 
by will or testament, as they may judge fit; and, in the event of any British subject 
dying without such will or testament in the territories of the said United Provinces, 
the British consul-general, or, in his absence, his representative, shall have the right 
to nominate curators to take charge of the property of the deceased, for the benefit of 
his lawful heirs and creditors, without interferance, giving convenient notice thereof to 
the authorities of the country; and reciprocally. 

14. —His Britannic Majesty being extremely desirous of totally abolishing the 
slave trade, the United Provinces of Rio de la Plata engage to co-operate with his 
Britannic Majesty for the completion of so beneficent a work, and to prohibit all 
persons inhabiting within the said United Provinces, or subject to their jurisdiction, 
in the most effectual manner, and by the most solemn laws, from taking any share 
in such trade. 

15. —The present treaty shall be ratified, and the ratifications shall be exchanged in 
London within four months, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed their seals thereunto. 

Done at Buenos Ayres, the 2d day of February, in the year of our Lord 1825. 

WOODBINE PARISH, MANUEL J. GARCIA. 

H. M. Consul General. 


CONVENTION of COMMERCE and NAVIGATION between his Britannic 
Majesty and the Emperor of Austria. Signed at London, December 21, 1829. 

Aktici.k 1 . —From and after the 1st day of February, 1830, Austrian vessels enter¬ 
ing or departing from the ports of the United Kingdom of Great Britain and Ireland, 
and British vessels entering or departing from the ports of his imperial and royal 
apostolic Majesty’s dominions, shall not be subject to any other or higher duties or 
charges whatever, than are or shall be levied on national vessels entering or departing 
from such ports respectively. 

2. —All articles of the growth, produce, or manufacture of any of the dominions of 
either of the high contracting parties, which are or shall be permitted to be imported 
into or exported from the ports of the United Kingdom and of Austria respectively, in 
vessels of the one country, shall, in like manner, be permitted to be imported into and 
exported from those ports in vessels of the other. 

3. —All articles not of the growth, produce, or manufacture of the dominions of his 
Britannic Majesty, which can legally be imported from the United Kingdom of Great 
Britain and Ireland, into the ports of Austria, in British ships, shall be subject only to 

the same duties as are payable upon the like articles, if imported in Austrian ships :_ 

and the same reciprocity shall be observed in the ports of the United Kingdom, in 
respect to all articles not the growth, produce, or manufacture of the dominions of his 
imperial and royal apostolic Majesty, which can legally be imported into the ports of 
the United Kingdom in Austrian ships. 

4. —All goods, wares, and merchandise which can legally be imported into the ports 
of either country, shall be admitted at the same rate of duty, whether imported in 
vessels of the other country, or in national vessels; and all goods, wares, or merchan¬ 
dise which can be legally exported from the ports of either country, shall be entitled to 
the same bounties, drawbacks, and allowances, whether exported in vessels of the other 
country, or in national vessels. 


DENMARK. 


535 


5. —No priority or preference shall be given, directly or indirectly, by the govern¬ 
ment of either country, or by any company, corporation, or agent, acting on its behalf, 
or under its authority, in the purchase of any article the growth, produce, or manu¬ 
facture. of either country, imported into the other, on account of, or in reference to the 
national character of the vessel in which such article may be imported; it being the 
True intent and meaning of the high contracting parties, that no distinction or differ¬ 
ence whatever shall be made in this respect. 

6. —In respect to the commerce to be carried on in Austrian vessels with the British 
dominions in the East Indies, or now held by the East India company in virtue of their 
charter, his Britannic Majesty consents to grant the same facilities and privileges, in 
all respects, to the subjects of his imperial and royal apostolic Majesty, as are or may 
be enjoyed under any treaty or act of parliament, by the subjects or citizens of the 
most favoured nation, subject to the laws, rules, regulations, and restrictions which are 
or may be applicable to the ships and subjects of any other foreign country enjoying 
the like facilities and privileges of trading with the said dominions. 

7. —All the possessions of his Britannic Majesty in Europe, except the British pos¬ 
sessions in the Mediterranean sea, shall, for all the purposes of this Convention, be con¬ 
sidered as forming part of the United Kingdom of Great Britain and Ireland. 

8. —That clause of Article 7 of the Convention concluded at Paris on the 5th of 
November, 1815, between the courts of Great Britain, Austria. Prussia, and Russia, 
which relates to the commerce between the dominions of his imperial and royal apos¬ 
tolic Majesty, and the United States of the Ionian islands, is hereby confirmed. 

9. —The present Convention shall be in force until the 18th day of March, 1836, and 
further, until the end of twelve months after either of the high contracting parties shall 
have given notice to the other of its intention to terminate the same ; each of the high 
contracting parties reserving to itself the right of giving such notice to the other, on or 
at any time after the said 18th day of March, 1836 ; and it is hereby agreed between 
them, that at the expiration of twelve months after such notice shall have been received 
by either party from the other, this Convention, and all the provisions thereof, shall 
altogether cease and determine. 

10. —The present Convention shall be ratified, and the ratifications shall be ex¬ 
changed at London, within one month from the date hereof, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 21st day of December, m the year of our Lord 1829. 

ABERDEEN. ESTERHAZY. 

W. F. VESEY FITZGERALD. 


CONVENTION of COMMERCE between GREAT BRITAIN and DENMARK. 

Signed at London, the 16th June, 1824. 

Artici/e 1.—From and after the 1st day of July next, Danish vessels entering or 
departing from the ports of the United Kingdom of Great Britain and Ireland, and 
British vessels entering or departing from the ports of his Danish Majesty’s dominions, 
shall not be subject to any other or higher duties or charges whatever, than are or shall 
be levied on national vessels entering or departing from such ports respectively. 

2. —All articles of the growth, produce, or manufacture of any of the dominions of 
either of the high contracting parties, which are or shall be permitted to be imported 
into or exported from the ports of the United Kingdom and of Denmark respectively', 
in vessels of the one country, shall, in like manner, be imported into and exported from 
those ports in vessels of the other. 

3. —All articles not of the growth, produce, or manufacture of the dominions of his 
Britannic Majesty, which can legally be imported from the United Kingdom of Great 
Britain and Ireland into the ports and dominions of the King of Denmark, in British 
ships, shall be subject only to the same duties as are payable upon the like articles if 
imported in Danish ships; and the same reciprocity shall be observed with regard to 
Danish vessels in the ports of the said United Kingdom of Great Britain and Ireland, 
in respect to all articles not the growth, produce, or manufacture of the dominions of 
his Danish Majesty', which can legally be imported into the ports of the United King¬ 
dom in Danish ships. 

4. —All goods which can legally be imported into the ports of either country, shall 
be admitted at the same rate of duty, whether imported in vessels of the other country, 
or in national Vessels; and all goods which can be legally exported from the ports of 



536 


CONVENTIONS OF COMMERCE. 


either country, shall be entitled to the same bounties, drawbacks, and allowances, 
whether exported in vessels of the other country, or in national vessels. 

5. —No priority or preference shall be given, directly or indirectly, or by the govern¬ 
ment of either country, or hy any company, corporation, or agent, acting on its behalf 
or under its authority, in the purchase of any article the growth, produce, or manufac¬ 
ture of either country imported into the other, on account of or in reference to the 
character of the vessel in which such article was imported: it being the true intent 
and meaning of the high contracting parties that no distinction or difference whatever 
shall be made in this respect. 

6. —The high contracting parties having mutually determined not to include, in the 
present Convention, their respective colonies, in which are comprehended, on the part of 
Denmark, Greenland, Iceland, and the islands of Ferroe; it is expressly agreed that 
the intercourse which may at present legally be carried on by the subjects or ships of 
either of the said high contracting parties with the colonies of the other, shall remain 
upon the same footing as if this Convention had never been concluded. 

7. —The present Convention shall be in force for the term of ten years from the date 
hereof; and further, until the end of twelve months after either of the high contracting 
parties shall have given notice to the other of its intention to terminate the same; each 
of the high contracting parties reserving to itself the right of giving such notice to the 
other, at the end of the said term of ten years ; and it is hereby agreed between them, 
that at the expiration of twelve months after such notice shall have been received by 
either party from the other, this Convention, and all the provisions thereof, shall alto¬ 
gether cease and determine. 

8. —The present Convention shall be ratified, and the ratifications shall be exchanged 
at London, within one month from the date hereof, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 16th day of June, 1824. 

GEORGE CANNING. C. E. MOLTKE. 

W. IIUSKISSON. 

Separate Article. —The high contracting parties reserve to themselves to enter 
upon additional stipulations for the purpose of facilitating and extending, even beyond 
what is comprehended in the Convention of this date, the commercial regulations of 
their respective subjects and dominions, upon the principles either of reciprocal or 
equivalent advantages, as the case may be. And in the event of any articles or article 
being concluded between the said high contracting parties, for giving effect to such 
stipulations, it is hereby agreed, that the article or articles which may hereafter be so 
concluded shall be considered as forming part of the aforesaid Convention. 

Additional Article. —Their Britannic and Danish Majesties mutually agree that 
no higher or other duties shall be levied in either of their dominions (their respective 
colonies being excepted from the Convention of this date,) upon any personal property 
of their respective subjects, on the removal of same from the dominions of their said 
Majesties reciprocally, either upon the inheritance of such property, or otherwise, than 
are or shall be payable in each state, upon the like property, when removed by a sub- 
ect of such state respectively. 


CONVENTION of COMMERCE and NAVIGATION between his Majesty and 
the most Christian King, together with two additional Articles thvreunto annexed. 
Signed at London, January 26, 1826. 

Article 1.—From and after the 5th of April of the present year, French vessels 
coming from or departing for the ports of France, or, if in ballast, coming from or de¬ 
parting for any place, shall not be subject, in the ports of the United Kingdom, either 
on entering into or departing from the same, to any higher duties of tonnage, harbour, 
light-house, pilotage, quarantine, or other similar or corresponding duties, of whatever 
nature or under whatever denomination, than those to which British vessels, in respect 
of the same voyages, are or may be subject on entering into or departing from such 
ports; and, reciprocally, from and after the same period British vessels coming from 
or departing for the ports of the United Kingdom, or, if in ballast, coming from or de¬ 
parting for any place, shall not be subject, in the ports of France, either on entering 
into or departing from the same, to any higher duties of tonnage, harbour, light-house, 


FRANCE. 537 

pilotage, quarantine, or other similar or corresponding duties, of whatever nature or 
under whatever denomination, than those to which French vessels, in respect of the 
same voyages, are or may be subject on entering into or departing from such ports ; 
whether such duties are collected separately, or are consolidated in one and the same 
duty ;—his most Christian Majesty reserving to himself to regulate the amount of such 
duty or duties in France, according to the rate at which they are or may be established 
in the United Kingdom: at the same time, with the view of diminishing the burthens 
imposed upon the navigation of the two countries, his most Christian Majesty will 
always be disposed to reduce the amount of the said burthens in France, in proportion 
to any reduction which may hereafter be made of those now levied in the ports of the 
United Kingdom. 

2. —Goods, wares, and merchandise, which can or may be legally imported into the 
ports of the united Kingdom from the ports of France, if so imported in French vessels, 
shall be subject to no higher duties than if imported in British vessels, and, recipro¬ 
cally, goods, wares, and merchandise, which can or may be legally imported into the 
ports of France from the ports of the United Kingdom, if so imported in British ves¬ 
sels, shall be subject to no higher duties than if imported in French vessels. The 
produce of Asia, Africa, and America, not being allowed to be imported from the said 
countries, nor from any other, in French vessels, nor from France in French, British, 
or any other vessels, into the ports of the United Kingdom for home consumption, but 
only for warehousing and re-exportation, his most Christian Majesty reserves to himself 
to direct that, in like manner, the produce of Asia, Africa, and America shall not be 
imported from the said countries, nor from any other, in British vessels, nor from the 
United Kingdom in British, French, or any other vessels, into the ports of France, for 
the consumption of that kingdom, but only for warehousing and re-exportation. 

With regard to the productions of the countries of Europe, it is understood between 
the high contracting parties that such productions shall not be imported in British 
ships into France, for the consumption of that kingdom, unless such ships shall have 
been laden therewith in some port of the United Kingdom; and that his Britannic 
Majesty may adopt, if he shall think fit, some corresponding restrictive measure with 
regard to the productions of the countries of Europe, imported into the ports of the 
United Kingdom in French vessels; the high contracting parties reserving, however, to 
themselves the power of making, by mutual consent, such relaxations in the strict 
execution of the present article as they may think useful to the respective interests of 
the two countries, upon the principle of mutual concessions, affording each to the other 
reciprocal or equivalent advantages. 

3. —All goods, wares, and merchandise, which can or may be legally exported from 
the ports of either of the two countries, shall on their export pay the same duties of 
exportation, whether the exportation of such goods, wares, and merchandise, be made 
in British or in French vessels, provided the said vessels proceed respectively direct 
from the ports of the one country to those of the other. And all the said goods, wares, 
and merchandise so exported in British or French vessels, shall be reciprocally entitled, 
to the same bounties, drawbacks, and other allowances of the same nature, which are 
granted by the regulations of each country respectively. 

4. —It is mutually agreed between the high contracting parties, that in the inter¬ 
course of navigation between their two countries, the vessels of any third power shall, 
in no case, obtain more favourable conditions than those stipulated in the present 
Convention in favour of British and French vessels. 

5. —The fishing-boats of either of the two countries, which may be forced by stress 
of weather to seek shelter in the ports, or on the coast of the other country, shall not 
be subject to any duties or port charges of any description whatsoever; provided the 
said boats, when so driven in by stress of weather, shall not discharge or receive on 
board any cargo, or portion of cargo, in the ports or on the parts of the coast where 
they shall have sought shelter. 

6. —It is agreed that the provisions of the present Convention between the high con¬ 
tracting parties shall be reciprocally extended and in force, in all the possessions sub¬ 
ject to their respective dominion in Europe. 

7. —The present Convention shall be in force for the term of ten years from the 5th 
of April of the present year; and further, until the end of twelve months after either 
of the high contracting parties shall have given notice to the other of its intention to 
terminate its operation ; each of the high contracting parties reserving to itself the 
right of giving such notice to the other, at the end of the said term of ten years ; and 
it is agreed between them, that at the end of the twelve months’ extension agreed to on 
both sides, this Convention, and all the stipulations thereof, shall altogether cease and 
determine. 

8. —The present Convention shall be ratified, and the ratifications shall be exchanged 
in London, within the space of one month, or sooner if oossible. 


558 


CONVENTIONS OF COMMERCE. 


In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 26th day of January, 1826. 

GEORGE CANNING. LE PRINCE DE POLIGNAG. 

WILLIAM HUSKISSON. 

ADDITIONAL ARTICLES. 

Artici.e 1.—From and after the 1st of October of the present year, French vessels 
shall be allowed to sail from any port whatever of the countries under the dominion 
of his most Christian Majesty to all the colonies of the United Kingdom, (except those 
possessed by the East India company,) and to import into the said colonies all kinds 
of merchandise, (being productions the growth or manufacture of France, or of any 
country under the dominion of France, with the exception of such as are prohibited to 
be imported into the said colonies, or are permitted to be imported only from countries 
under the British dominion; and the said French vessels, as well as the merchandise 
imported in the same, shall not be subject, in the colonies of the United Kingdom, to 
other or higher duties than those to which British vessels may be subject, on importing 
the same merchandise from any foreign country or which are imposed upon the mer¬ 
chandise itself. 

The same facilities shall be granted, reciprocally, in the colonies of France, with re¬ 
gard to the importation in British vessels of all kinds of merchandise, (being produc¬ 
tions the growth and manufacture of the United Kingdom, or of any country under 
the British dominion,) with the exception of such as are prohibited to be imported into 
the said colonies, or are permitted to be imported only from countries under the domi¬ 
nion of France. And whereas all goods, the produce of any foreign country, may now 
be imported into the colonies of the United Kingdom in the ships of that country, with 
the exception of a limited list of specified articles, which can only be imported into the 
said colonies in British ships, his Majesty the King of the United Kingdom reserves 
to himself the power of adding to the said list of excepted articles any other, the pro¬ 
duce of the French dominions, the addition whereof may appear to his Majesty to be 
necessary for placing the commerce and navigation to be permitted to the subjects of 
each of the high contracting parties with the colonies of the other, upon a footing of 
fair reciprocity. 

2.—From and after the same period, French vessels shall be allowed to export from 
all the colonies of the United Kingdom, (except those possessed by the East India com¬ 
pany,) all kinds of merchandise which are not prohibited to be exported from such colo¬ 
nies in vessels other than those of Great Britain ; and the said vessels, as well as the 
merchandise exported in the same, shall not be subject to other or higher duties than 
those to which British vessels may be subject, on exporting the said merchandise, or 
which are imposed upon the merchandise itself; and they shall be entitled to the 
same bounties, drawbacks, and other allowances of the same nature, to which British 
vessels would be entitled on such exportation. 

The same facilities and privileges shall be granted, reciprocally, in all the colonies 
of France, for the exportation in British vessels of all kinds of merchandise, which 
are not prohibited to be exported from such colonies in vessels other than those of 
France. 

These two additional articles shall have the same force and validity as if the)' were 
inserted, word for word, in the Convention signed this day. They shall be ratified, 
and the ratifications shall be exchanged at the same time. 

In witness whereof, the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 26th day of January, 1826. 

GEORGE CANNING. LE PRINCE DE POLIGNAC 

WILLIAM HUSKISSON. 

DECLARATIONS of GREAT BRITAIN and HANOVER, respecting RECI¬ 
PROCITY of COMMERCE. Signed at London, June 12, 1824. 

The undersigned, his Britannic Majesty’s principal secretary of state for foreign 
affairs, and the minister of state and cabinet of his Majesty’the King of Hanover, 
hereby declare in the name of their respective governments :— 

That the Hanoverian government having placed British ships, and all articles im- 
ported in such ships, in respect to all duties, whether upon the goods or upon the ships, 





HANSEATIC REPUBLICS. 539 

and in respect to charges and privileges of pilotage, upon the same footing with Hano¬ 
verian ships, and the like goods, if imported in such ships; and the said Hanoverian 
Government binding itself to observe these conditions, and any other stipulations in 
favour of the shipping and commerce of Great Britain, which are contained in a Con¬ 
vention between his Britannic Majesty and the King of Prussia, concluded and signed 
at Loudon on the 2d of April, 1824:— 

His Britannic Majesty engages to extend to the subjects and shipping of the King¬ 
dom of Hanover, all the benefits secured by the said Convention to the shipping and 
commerce of Prussia, upon the principle of reciprocity which forms the basis of the 
said Convention. 

In witness whereof they have signed the present declaration, and have affixed thereto 
the seals of their arms. 

Done at London, the 12th day of June, 1824. 

GEORGE CANNING. MUNSTER. 


The undersigned, the minister of state and cabinet of his Majesty the King of 
Hanover, and his Britannic Majesty’s principal secretary of state for foreign affairs, 
hereby declare in the name of their respective governments :— 

That the Hanoverian government having placed British ships, and all articles im¬ 
ported in such ships in respect of all duties, whether upon the goods or upon the ships, 
and in respect to charges and privileges of pilotage, upon the same footing with Hano¬ 
verian ships, and the like goods, if imported in such ships; and the said Hanoverian 
government binding itself to observe those conditions, and any other stipulations in 
favour of the shipping and commerce of Great Britain, which are contained in a Con¬ 
vention between his Britannic Majesty and the King of Prussia, concluded and signed 
at London on the 2d of April, 1824:— 

His Britannic Majesty engages to extend to the subjects and shipping of the king¬ 
dom of Hanover, all the benefits secured by the said Convention to the shipping and 
commerce of Prussia, upon the principle of reciprocity which forms the basis of the 
said Convention. 

In witness whereof they have signed the present declaration, and have affixed thereto 
the seals of their arms. 

Done at London, the 12th day of June, 1824. 

MUNSTER. GEORGE CANNING. 


CONVENTION of COMMERCE and NAVIGATION between his Majesty and 
the FREE HANSEATIC REPUBLICS of LUBECK, BREMEN, and HAM¬ 
BURGH. Signed at London, September 29, 1825. 

Article 1.—From and after the date hereof, British vessels entering or departing 
from the ports of the Free Hanseatic Republics of Lubeck, Bremen, or Hamburgh,— 
and Lubeck, Bremen, or Hamburgh vessels entering or departing from the ports of 
the United Kingdom of Great Britain and Ireland, shall not be subject to any other 
or higher ship duties or charges, than are or shall be levied on national vessels entering 
or departing from such ports respectively. 

2. —All goods, wares, and merchandise, whether the production of the territories of 
the Free Hanseatic Republics of Lubeck, Bremen, or Hamburgh, or of any other 
country, which may be legally imported from any of the ports of the said republics into 
the United Kingdom of Great Britain and Ireland in British vessels, shall, in like 
manner, be permitted to be imported in Lubeck, Bremen, or Hamburgh vessels;— 
and all goods, wares, and merchandise, whether the production of any of the domi¬ 
nions of his Britannic Majesty, or of any other country, which may be legally exported 
from the ports of the United Kingdom in British vessels, shall, in like manner, be 
permitted to be exported from the said ports in Lubeck, Bremen, or Hamburgh vessels. 
And all goods, wares, and merchandise, which may be legally imported into or ex¬ 
ported from the ports of Lubeck, Bremen, or Hamburgh, in national vessels, shall, in 
like manner, be permitted to be imported into or exported from the ports of Lubeck, 
Bremen, or Hamburgh, in British vessels. 

3. —All goods, wares, and merchandise, which can be legally imported into the ports 
of the United Kingdom directly from the ports of Lubeck, Bremen, or Hamburgh, or 
either of them, shall be admitted at the same rate of duty, whether imported in British 
vessels, or in vessels belonging to either of the said republics:—and all goods, wares, 
and merchandise, which can be legally exported from the United Kingdom, shall be 


540 


CONVENTIONS OF COMMERCE. 


entitled to the same counties, drawbacks, and allowances, whether exported in British 
or Hanseatic vessels. And the like reciprocity shall be observed in the ports of the 
said republics, in respect to all goods, wares, and merchandise which can be legally 
imported into or exported from any or either of the said ports, in vessels belonging to 
the United Kingdom. 

4. —No priority or preference shall be given, directly or indirectly, by any or either 
of the contracting parties, nor by any company, corporation, or agent, acting on their 
behalf, or under their authority, in the purchase of any article, the growth, produce, or 
manufacture of their states respectively, imported into the other, on account of or in 
reference to the character of the vessel in which such article was imported ; it being 
the true intent and meaning of the high contracting parties, that no distinction or dif¬ 
ference whatever shall be made in this respect. 

5. —In consideration of the limited extent of the territories belonging to the repub¬ 
lics of Lubeck, Bremen, and Hamburgh, and the intimate connexion of trade and 
navigation subsisting between these republics, it is hereby stipulated and agreed, that 
any vessel which shall have been built in any or either of the ports of the said republics, 
and which shall be owned exclusively by a citizen or citizens of any or either of them, 
and of which the master shall also be a citizen of either of them, and provided three- 
fourths of the crew shall be subjects or citizens of any or either of the said republics, 
or of any or either of the states comprised in the Germanic Confederation, as described 
and enumerated in the 53d and 56th Articles of the General Treaty of Congress 
signed at Vienna on the 9th of June, 1815, such vessel so built, owned, and navigated 
shall, for all the purposes of this Convention, be taken to be and considered as a vessel 
belonging to Lubeck, Bremen, or Hamburgh. 

6. —Any vessel, together with her cargo, belonging to either of the three Free Han¬ 
seatic Republics of Lubeck, Bremen, or Hamburgh, and coming from either of the 
said ports to the United Kingdom, shall, for all the purposes of this Convention, be 
deemed to come from the country to which such vessel belongs; and any British vessel 
and her cargo trading to the ports of Lubeck, Bremen, or Hamburgh, directly or in 
succession, shall, for the like purposes, be on the footing of a Hanseatic vessel and her 
cargo making the same voyage. 

7. —It is further mutually agreed, that no higher or other duties shall be levied, in 
any or either of the states of the high contracting parties, upon any personal property 
of the subjects and citizens of each respectively, ou the removal oT the same from the 
dominions or territory of such states, (either upon inheritance of such property or 
otherwise,) than are or shall be payable in each state upon the like property, when re¬ 
moved by a subject or citizen of such state respectively. 

8. —The high contracting parties reserve to themselves to enter upon additional 
stipulations for the purpose of facilitating and extending, even beyond what is compre¬ 
hended in the Convention of this date, the commercial relations of their respective sub¬ 
jects and dominions, citizens, and territories, upon the principle either of reciprocal or 
equivalent advantages, as the case may be; and in the event of any article or articles 
being concluded between the said high contracting parties, for giving effect to such 
stipulations, it is hereby agreed that the article or articles which may hereafter be so 
concluded, shall be considered as forming part of the present Convention. 

9. —The present Convention shall be in force for the term of ten years from the 
date hereof; and further, until the end of twelve months after the King of the United 
Kingdom of Great Britain and Ireland, on the one part, or the governments of the Free 
Hanseatic Republics of Lubeck, Bremen, or Hamburgh, or either of them, on the 
other part, shall have given notice of their intention to terminate the same; each of 
the said high contracting parties reserving to itself the right of giving such notice to 
the other at the end of the said term of ten years; and it is hereby agreed between 
them, that at the expiration of twelve months after such notice shall have been received 
by either of the parties from the other, this Convention, and all the provisions thereof, 
shall altogether cease and determine, as far as regards the states giving and receiving 
such notice ; it being always understood and agreed, that if one or more of the Hanse¬ 
atic Republics aforesaid shall, at the expiration of ten years from the date hereof, 
give or receive notice of the proposed termination of this Convention, such Convention 
shall nevertheless remain in full force and operation, as far as regards the remaining 
Hanseatic Republics or Republic, which may not have given or received such notice. 

10. —The present Convention shall be ratified, and the ratifications shall be ex¬ 
changed at London within one month from the date hereof, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 29th day of September, 1825. 

GKORGE CANNING. 

W. IIUSKISSON. • ■- 
JAMES COLQUHOUN. 


MOROCCO. 


541 


TREATY between GREAT BRITAIN and MOROCCO. Signed at Fez, 14th 
June, 1801. (Confirmed 19th January, 1824.) 

Article 1.— The English King may appoint one or more consuls in the dominions 
of the Emperor of Morocco and Fez ; he or they may reside in any of the Emperor of 
Morocco’s ports, or in any of his towns, at the election of the consul, where he may 
think it convenient for his King’s subjects, or for the benefit of his commerce. 

3. —English subjects shall be permitted to come, with their vessels and property of 
whatever kind, to any of the dominions of the Emperor of Morocco; they shall also 
be permitted to reside therein, as long as they please, and to build warehouses for 
their merchandise: the good friendship shall continue between the subjects of both 
nations for ever, so that no harm be done on either side. 

4. —English subjects or merchants residing in the dominions of the Emperor of 
Morocco, shall, themselves and their property, be in perfect security; they may follow 
their religion without being molested ; they may also choose a place proper for a 
burying ground for their dead, and may go out with a corpse to bury it, and return in 
safety. They are also at liberty to send any of their agents, either by land or sea, for 
the purpose of their service, without their being hindered or stopped; and if any 
English merchant should happen to have a vessel in or outside the port, he may go 
on board himself, or any of his people, without being liable to pay anything whatever. 

5. —English subjects shall not be compelled to sell their property, or to make pur¬ 
chases unless at their own option, and no Moor shall take any property belonging to 
an English subject, unless it be given by the good will of the proprietor, or by 
mutual agreement; the same shall be practised towards Moorish merchants in the 
English dominions. 

6. —No English subject shall be answerable for any debts contracted by another 
individual, unless, under his own hand, he be responsible for the same. 

12. —English subjects, resident in the Emperor of Morocco’s dominions, either in 
peace or war, are at liberty to go to their own country, or elsev/here, either in their 
own or in any other vessel; they may di>pose of their effects or houses, &c. and take 
their value with them, as also their families and servants, even though they should 
have been born in Barbary, without impediment whatever ; and the same shall be 
practised towards Moorish subjects residing in the English dominions. 

13. —When an English subject dies in the Emperor of Morocco’s dominions, his 
effects shall not be searched or touched by any of the governors, but shall be delivered 
into the hands of his executors, or his heirs, if present; but if no heir or executor ap¬ 
pear, the consul or his agent shall be executor for the same, he taking an inventory of 
all such effects found, to be delivered to the deceased’s heirs or executors. If the 
deceased made no will, the consul or agent shall take charge of the effects, in whose 
possession they shall remain until the heir appears. If any debts were owing to the 
deceased, the governor of the place shall assist and compel the debtors to pay their 
debts to the consul, or his agent, to be kept for the heir. 

14. —All the treaties concluded between the English and the Moorish agent, are to 
be considered as extending to any territories the English may have in Germany, 
and to their inhabitants, the same as if they were natives of England, as also to 
Gibraltar and its inhabitants, who shall be considered as natives of London ; they 
shall also extend to any other town and its inhabitants, which may hereafter be under 
the dominion or protection of England, as if they were included, from the beginning, 
in the treaties. 

15. —English subjects, in addition to what is mentiened in those treaties, shall enjoy 
any other privileges which other powers enjoy at present, and if hereafter any further 
indulgences be granted to any other power, the greatest share shall be extended to 
this friendly nation to the Emperor of Morocco. 

16_The navigation between the English subjects and vessels and those of the 

Emperor of Morocco, shall be free, and if an English man-of-war or privateer meet at 
sea with a Moorish man-of-war or merchantman, the latter shall not be hindered of 
their navigation, provided they are furnished with their passes given to them by their 
respective governors, certified by the English consul or his agent; but, if no pass¬ 
port be found on board, certified as above, the vessel being under Moorish colours, 
and the greater part of the crew being Moors, it shall not be molested or hindered of 
its navigation. 

17.—If a Morocco man-of-war meet'with an English vessel at sea, not being in the 
English sea, the Moorish man-of-war may send his boat, with two officers, on board of 
the English vessel to examine her pass; the two officers only shall be permitted to 
go on board; and, after so doing, the boat shall return, and the vessel continue its 



542 


CONVENTIONS OF COMMERCE. 


voyage : if an English vessel come out of a port, with which the Emperor of Morocco 
may be at war, or go into it, no mariners, pilot, or strangers shall, in either case, be 
taken from it; nor shall any one be allowed to search the said vessel for the purpose 
of taking any ammunition or goods from the English vessel, under the pretence of 
receiving them from the captain as a present, or otherwise; and all prizes taken by 
the King of England’s ships, and met with at sea by the Emperor of Morocco’s cruizers, 
even without a pass, shall not be molested or hindered from their navigation, a letter 
or affidavit, either of the captain by whom the capture was made, or of the governor 
of the place from whence she sailed, being deemed sufficient. 

24. If vessels of a nation with which the King of England is at war, enter any of 
the Emperor of Morocco's ports or bays, wherein there should happen to be English 
vessels, it shall not be permitted to the enemy to do violence to the English, or to 
molest them in any way, nor shall the enemy be permitted to follow an English vessel 
from the harbour till 24 hours after her departure; the same shall be practised to 
wards vessels of the Emperor of Morocco in English ports. 

25. —If an English fleet, cruizer, or merchant ship, come into a port of the Em¬ 
peror of Morocco, or into any of his bays or rivers, and want provisions, they shall 
be allowed to buy what is necessary, at the current price paid by other nations that 
are at peace. 

27. —The inhabitants of Gibraltar, which is under the English command, as also 
the inhabitants of any other town which may hereafter be in possession of the English, 
shall be considered as native Englishmen, and be permitted to travel, and navigate, 
and fish, under English colours, with the governor’s pass, without being hindered or 
molested. 

28. —Vessels of either party, or its subjects, that enter into the ports or bays of 
either party, and do not choose to come into harbour, or to anchor in the port, being 
bound for another place, shall not be obliged to exhibit their cargoes, nor to sell any 
part of them, nor shall they in such case be searched. 

29. —If an English vessel land part of its cargo in any of the Emperor of Morocco’s 
ports, it shall only pay the duties inward, on the quantity landed, but not for the re¬ 
maining part of the cargo, which has not been landed, and it shall be at liberty to 
depart with the latter to any place whatsoever. 

30. —No English captain shall be compelled to take on board of his vessel, anv 
passenger or person, or goods belonging to any person whatever, against his will, nor 
shall the captain be compelled to go to any port without his consent, nor be prevented 
from going where he pleases. 

31. —If a subject of the Emperor of Morocco freight an English vessel, for the 
purpose of loading or taking passengers from one of the Emperor’s ports to another ; 
and, on his voyage, be driven by the wind and weather into another of the Emperor 
of Morocco’s ports, he shall not pay any anchorage or other duty whatever in such 
port. 

32. —English vessels meeting with distress at sea, and entering any of the Emperor 
of Morocco’s ports to repair their damages, shall be allowed to come in, and shall be 
assisted with all requisite stores, &c. to continue their voyage to their destination. 

33. —If an English vessel strand, or be wrecked on the Emperor of Morocco’s coast, 
it shall be protected and assisted in every respect as becoming friendship; the vessel, 
and what may be saved from such wreck, shall be delivered to the consul or his agent, 
for the use of the owners ; and the crew shall be at liberty to depart when they please : 
the same shall be observed, in a similar case, towards the Emperor of Morocco’s 
vessels on the English coast; and if any English vessel be cast away at Wadnun, or 
the sands near, the Emperor of Morocco shall do h ; s utmost to insure the safety of the 
crew, and their being sent to their country ; the English consul or his agent may also 
use his endeavours in procuring their liberty, and shall be assisted in that object by 
the governor residing near the place. 

34. —If an English subject, or person imder the King of England’s protection, 
come to the dominions of the Emperor of Morocco to load provisions he shall be al¬ 
lowed, on payment of the existing duties, to export them to other Christian nations, 
with which he may be at peace, it being understood that their coming over for that 
purpose shall beat proper seasons of the year, or once or more, according as may 
be agreed upon, as he is not permitted so to come and export without stipulation, and r 
out of season. 

35. —If English ships come to a port where ships of other nations happen also to 
be, and want a supply of provisions, and the place do not afford sufficient to satisfy 
both, it shall be divided in proportion to the number of vessels, and shall be paid for 
at the current market price, without its being permitted to the ships of other nations 
to take more than their portion ; and if, henceforward, the garrison of Gibraltar 
should be in want of provisions, provided they be abundant in Barbary, the Emperor 







EAST INDIES. 543 

of Morocco shall permit their exportation, for the use of the troops, and the inhabitants, 
at the same duties that are paid by other nations at the same period. 

36. —If an English subject come to the Emperor of Morocco’s ports with ammuni¬ 
tion or naval stores, he shall not pay any duty for the same. 

37. —If an English subject have imported any merchandise into the Emperor of 
Morocco’s ports, and have paid duty thereon, and choose afterwards to remove the 
said merchandise to another of the Emperor of Morocco’s ports, he shall not pay any 
further duty ; and if any goods be smuggled by subjects of either party, the goods 
which they have smuggled shall be seized, but no other punishment shall be inflicted, 
to serve as an example to others. 

40. —If a rupture of the peace happen, and war ensue, (which God forbid,) all Eng¬ 
lish subjects, as also all Morocco subjects, of whatexer description, may proceed to any 
part of the world they please, with their families, property, and servants, whether born 
in Barbary or not, on board the vessel of any nation, and six months’ notice shall be 
given to them, in order that they may have time to dispose of their effects, and settle 
their affairs; and, during the said six months, they and their property shall continue 
in safety, without being molested or injured in any way, on account of the declaration 
of war, and they shall be assisted by the respective governors in recovering their debts 
without delay ; the same shall be practised with the Emperor of Morocco’s subjects in 
the dominions of the King of England. 

41. —This treaty of peace, concluded between the Emperor of Morocco and the King 
of England, shall be published to the subjects of both parties, that the conditions may 
not be concealed, and copies shall be given to the governors and commissioners of 
imports and exports of the Emperor of Morocco, and to the captains of his cruizers, this 
being the end of the above-mentioned articles, concluded on the foregoing date, which 
corresponds with the l4thof June, 1801, of the birth of Jesus, the Messiah, Son of 
Mary. Peace to him. 

MULEY SOLI MAN. 
EXPLANATORY ARTICLES. 

Autict.e 7. —All disputes that may arise between Moorish and British subjects, 
shall be decided by the governor of the place, the chief judge, and the British consul, 
and in case either of the parties disapprove of the decision, he is at liberty to appeal 
to the Emperor. 

8.—If any dispute arise between Moorish and British subjects, or those under his 
Britannic Majesty’s protection, and that serious personal injury be experienced by 
either party, in consequence of such dispute, the Emperor of Morocco alone shall decide 
the cause. If the English subject be guilty, he shall not be punished with more 
severity than a Moor would be. If the offender make his escape, no other British subject 
shall be apprehended in his stead. If the offender escape, before or after condem¬ 
nation, from fear of punishment, he shall be subject to the same sentence as a Moor 
would be under similar circumstances. Should any dispute occur in the British terri¬ 
tories, the matter shall be decided according to the laws and customs of England, with 
liberty to make the customary appeals. 

This concludes the two before-mentioned articles. 

Ratified by the Emperor of Morocco, at the Imperial Palace at Fez, the 18th Jumad 
the First, 1239.—A. D. 19th January, 1824. 

JAMES SHOLTO DOUGLAS. 


TREATY between IIIS BRITANNIC MAJESTY and the KING OF THE 

NETHERLANDS, respecting territory and commerce in the EAST INDIES. 

Signed at London 17th March, 1824. 

Autici.e 1 .—Foreign Possessions .—The high contracting parties engage to admit 
the subjects of each other to trade with their resj>ective possessions in the Eastern 
Archipelago and on the continent of India, and in Ceylon upon the footing of the 
most favoured nation, their respective subjects conforming themselves to the local 
regulations of each settlement. 

2.— Duties. —The subjects and vessels of one nation shall not pay upon importation 
or exportation at the ports of the other in the Eastern seas, any duty at a rate beyond 
the double of that at which the subjects and vessels of the nation to which the port 
belongs, are charged. 


544 


CONVENTIONS OF COMMERCE. 

The duties paid on exports or imports at a British port on the continent of India or 
in Ceylon in Dutch bottoms, shall be arranged so as, in no case, to he charged at 
more than double the amount of the duties paid by British subjects and in British 
bottoms. 

In regard to any article upon which no duty is imposed when imported or exported 
by the subjects, or in the vessels of the nation to which the port belongs, the duty 
charged upon the subjects in vessels of the other shall in no case exceed six per cent. 

3. — Eastern Seas. —The high contracting parties engage that no treaty hereafter 
made by either with any native power in the Eastern seas, shall contain any article 
tending, expressly, or by the imposition of unequal treaties, to exclude the trade of the 
other party from the ports of such native power: and that if, in any treaty now ex¬ 
isting on either part, any article to that effect has been admitted, such article shall be 
abrogated upon the conclusion of the present treaty. 

It is understood that, before the conclusion of the present treaty, communication has 
been made by each of the contracting parties to the other, of all treaties or engage¬ 
ments subsisting between each of them respectively, and any native power in the 
Eastern seas; and that the like communication shall be made of all such treaties con¬ 
cluded by them respectively hereafter. 

4. — Freedom of Trade. —Their Britannic and Netherland Majesties engage to give 
strict orders, as well to their civil and military authorities as to their ships of war, to 
respect the freedom of trade, established by articles 1, 2, and 3 ; and in no case, to 
impede a free communication of the natives in the Eastern Archipelago, with the ports 
of the two governments, respectively, or of the subjects of the two governments with 
the ports belonging to native powers. 

5. — Piracy. —Their Britannic and Netherland Majesties, in like manner, engage 
to concur effectually in repressing piracy in those seas; they will not grant either 
asylum or protection to vessels engaged in piracy, and they will in no case permit the 
ships or merchandise captured by such vessels, to be introduced, deposited, or sold in 
any of their possessions. 

6. — New Settlements. —It is agreed that orders shall be given by the two govern¬ 
ments to their officers and agents in the East, not to form any new settlement in any 
of the Islands in the Eastern seas, without previous authority from their respective go¬ 
vernments in Europe. 

7. — Molucca Islands, 8fc. —The Molucca Islands, and especially Amboyna, Banda, 
Ternate, and their immediate dependencies, are exempted from the operation of the 
1st, 2d, 3d, and 4th articles, until the Netherlands government shall think fit to 
abandon the monopoly of spices; but if the said government shall at any time previous 
to such' abandonments of the monopoly, allow the subjects of any power, other than an 
Asiatic native power, to carry on any commercial intercourse with the said Islands, 
the subjects of his Britannic Majesty shall be admitted to such intercourse, upon a 
footing precisely similar. 

8. — Cession of Establishments. —His Netherland Majesty cedes to his Britannic 
Majesty all his establishments on the continent of India; and renounces all privileges 
and exemptions enjoyed or claimed in virtue of those establishments. 

9. — Factories, 8fc. —The factory of Fort Marlborough and all the English possessions 
on the Island of Sumatra, are hereby ceded to his Netherlands Majesty and his 
Britannic Majesty further engages that no British settlement shall be formed on that 
island, nor any authoiity concluded by British authority, with any native prince, chief, 
or state therein. 

10. — Malacca. —The town and fort of Malacca and its dependencies, are hereby 
ceded to his Britannic Majesty; and his Netherlands Majesty engages, for himself 
and his subjects, never to form any establishment on any part of the Peninsular of 
Malacca, or to conclude any treaty with any native prince, chief, or state therein. 

13.— Colonies to be delivered up. —All the colonies, possessions, and establishments 
which are ceded by the preceding articles, shall be delivered up to the officers of the 
respective sovereigns on the 1st March, 1825. The fortifications shall remain in the 
state at which they shall be at the period of the notification of this treaty in India ; 
but no claim shall be made, on either side, for ordnance or stores of any description, 
either left or removed by the ceding power, nor for any arrears of revenue or any charge 
of administration whatever. 

16.— Java. —It is agreed that all accounts and reclamations arising out of the 
restoration of Java, and other possessions, to the officers of his Netherland Majesty 
in the East Indies, as well those which were the subjects of a convention made at 
Java the 24th June, 1817, between the commissioners of the two nations, as all others, 
shall be finally and completely closed and satisfiod on the payment of the sum of one 
hundred thousand pounds sterling money, to be made in London on the part of the 
Netherlands, before the expiration of the year 1825. 


PORTUGAL. 


546 


17.— Ratification .—The present treaty shall be ratified, and the ratifications ex¬ 
changed in London, within three months from the date hereof, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and 
affixed thereunto the seals of their arms. 

Done at London, the 17th day of March, 1824. 

GEORGE CANNING. H. FAGEL. 

CHARLES WATKIN WILLIAMS WYNN. A. R. FALCK. 


TREATY OF COMMERCE between GREAT BRITAIN and PORTUGAL. 

Signed at Lisbon, December 27, 1703. 

Article 1. — His Sacred Royal Majesty of Portugal promises, both in his own 
name and that of his successors, to admit, for ever hereafter, into Portugal, the 
woollen cloths, and the rest of the woollen manufactures of the Britons, as was ac¬ 
customed till they were prohibited by the laws ; nevertheless, upon this condition : 

2. —That is to say, that her Sacred Royal Majesty of Great Britain shall, in her 
own name and that of her successors, be obliged for ever hereafter, to admit the wines 
of the growth of Portugal into Britain; so that at no time, whether there shall be 
peace or war between the kingdoms of Britain and France, any thing more shall be 
demanded for these wines, by the name of custom or duty, or by whatsoever other title, 
directly or indirectly, whether they shall be imported into Great Britain in pipes or 
hogsheads, or other casks, than what shall be demanded from the like quantity or 
measure of French wine, deducting or abating a third part of the custom or duty : but 
if at any time this deduction or abatement of customs, which is to be made as afore¬ 
said, shall in any manner be attempted and prejudiced, it shall be just and lawful for 
his Sacred Royal Majesty of Portugal again to prohibit the woollen cloths, and the rest 
of the British woollen manufactures. 

3. —The most excellent Lords of the plenipotentiaries promise, and take upon them¬ 
selves, that their above named masters shall ratify this treaty, and that within the 
space of two months the ratifications shall be exchanged. 

Given at Lisbon, the 27th day of December, 1703. 

JOHN METHUEN. MARCHIS ALEGRETENSIS. 


TREATY of COMMERCE and NAVIGATION between GREAT BRITAIN and 
PORTUGAL. Signed at Rio de Janeiro, the 19th February, 1810. 

Article 1.—Peace established. 

2. —There shall be reciprocal liberty of commerce and navigation between the re¬ 
spective subjects of the two high contracting parties, in all the territories and 
dominions of either. They may trade, travel, sojourn, or establish themselves, in all 
the ports, cities, towns, countries, provinces, or places whatsoever, belonging to each of 
the two high contracting parties, except in those from which all foreigners whatsoever 
are generally and positively excluded, the names of which places may be hereafter 
specified in a separate article of this treaty. Provided, however, that it be thoroughly 
understood that any place belonging to either of the two high contracting parties, 
which may hereafter be opened to the commerce of the subjects of any other country, 
shall thereby be considered as equally opened, and upon correspondent terms, to the 
subjects of the other high contracting party, in the same manner as if it had been 
expressly stipulated by the present treaty. And his Britannic Majesty, and his Royal 
Highness the Prince Regent of Portugal, do hereby bind themselves not to grant any 
favour, privilege, or immunity in matters of commerce and navigation, to the subjects 
of any other state, which shall not be also at the same time respectively extended to 
the subjects of the high contracting parties, gratuitously, if the concession in favour 
of that other state should have been gratuitous, and on giving, quam proximo, the 
same compensation or equivalent, in case the concession should have been conditional. 

3. —The subjects of the two sovereigns respectively shall not pay in the ports, har¬ 
bours, roads, cities, towns, or plaKVs whatsoever, belonging to either of them, any 
greater duties, taxes, or imposts (under whatsoever names they may be designated or 
included) than those that are paid by the subjects of the most favoured nation ; and 
the subjects of each of the high contracting parties shall enjoy within the dominions 
of the other, the same rights, privileges, or exemptions, in matters of commerce and 

2 N 


54G CONVENTIONS OF COMMERCE. 

navigation, that are granted, or may hereafter be granted, to the subjects of the most 
favoured nation. 

4. —His Britannic Majesty and his Royal Highness the Prince Regent of Portugal, 
do agree, that there shall be a perfect reciprocity on the subject of the duties and 
imposts to be paid by the vessels of the high contracting parties, within the several 
ports and anchoring places belonging to each of them ; to wit, that the vessels or the 
subjects of his Britannic Majesty shall not pay any higher duties or imposts, (under 
whatsoever name they be designated or implied,) within the dominions of his Royal 
Highness the Prince Regent of Portugal, than the vessels belonging to the subjects 
of his Royal Highness the Prince Regent of Portugal shall be bound to pay within 
the dominions of his Britannic Majesty, and vice versa. And this agreement shall 
particularly extend to the payment of the duties known by the name of Port Charges, 
Tonnage, and Anchorage Duties, which shall not, in any case, or under any pretext, 
be greater for British vessels within the dominions of Portugal, than for Portuguese 
vessels within the dominions of his Britannic Majesty, and vice versd. 

5. —The two high contracting parties do also agree, that the same rates of bounties 
and drawbacks shall be established in their respective ports upon the exportation of 
goods, whether those goods be exported in British or Portuguese vessels ; that is, that 
British vessels shall enjoy the same favour in this respect within the dominions of 
Portugal, that may be shown to Portuguese vessels within the dominions of his 
Britannic Majesty, and vice versd. The two high contracting parties do also agree, 
that goods coming respectively from the ports of either of them, shall pay the same 
duties, whether imported in British or Portuguese vessels ; or otherwise, that an in¬ 
crease of duties may be imposed upon goods coming into the ports of the dominions 
of Portugal from those of his Britannic Majesty in British ships, equivalent, and in 
exact proportion to any increase of duties that may hereafter be imposed upon goods 
coming into the ports of his Britannic Majesty from those of his Royal Highness the 
Prince Regent of Portugal, imported in Portuguese ships. And in order that this 
matter may be settled with due exactness, and that nothing may be left undetermined 
concerning it, it is agreed, that tables shall be drawn by each government, respectively, 
specifying the difference of duties to be paid on goods so imported ; and the tables 
(which shall be made applicable to all the ports within the respective dominions 
of each of the contracting parties) shall be adjudged to form part of this present 
treaty. 

In order to avoid any differences or misunderstandings with respect to the regula¬ 
tions which may respectively constitute a British or Portuguese vessel, the high con¬ 
tracting parties agree in declaring, that all vessels built in the dominions of his 
Britannic Majesty, and owned, navigated, and registered, according to the laws of 
Great Britain, shall be considered as British vessels ; and that all vessels built in the 
countries belonging to Portugal, or ships taken by any of the vessels of war belonging 
to the Portuguese government, or any of the inhabitants of the dominions of 
Portugal, having commissions or letters of marque and reprisal from the government 
of Portugal, and condemned as lawful prize in any court of admiralty of the Portu¬ 
guese government, and owned by the subjects of his Royal Highness the Prince Regent 
of Portugal, and whereof the master and three-fourths of the mariners, at least, are 
subjects of his Royal Highness the Prince Regent of Portugal, shall be considered as 
Portuguese vessels. 

6. —The mutual commerce and navigation of the subjects of Great Britain and 
Portugal, respectively, in the ports and seas of Asia, are expressly permitted to the 
same degree as they have heretofore been allowed by the two crowns : and the com¬ 
merce and navigation thus permitted, shall be placed on the footing of the commerce 
and navigation of the most favoured nation trading in the ports and seas of Asia ; that 
is, that neither of the high contracting parties shall grant any favour or privilege in 
matters of commerce and navigation to the subjects of any other state trading within 
the ports and seas of Asia, which shall not be also granted, quam proxime , on the 
same terms, to the subjects of the other contracting party. His Britannic Majesty 
en g a g es no * make any regulation which may be prejudicial or inconvenient to the 
commerce and navigation of the subjects of his Royal Highness the Prince Regent of 
Portugal within the ports and seas of Asia, to the extent which is or may hereafter 
be permitted to the most favoured nation. And his Royal Highness the Prince Regent 
of Portugal does also engage not to make any regulations which maybe prejudicial 
or inconvenient to the commerce and navigation of the subjects of his Britannic 
Majesty within the ports, seas, and dominions opened to them by virtue of the present 
treaty. 

13.—Packets shall be established for the purpose of furthering the public service of 
the two courts, aiiA facilitating the commercial intercourse of their respective subjects. 
A convention shall be concluded forthwith on the basis of that which was signed at 


PORTUGAL. 547 

Rio de Janeiro, on the 14th day of September, 1808, in order to settle the terms upon 
which the packets are to be established, which convention shall be ratified at the same 
time with the present treaty. 

15-—All goods and articles whatsoever of the produce, manufacture, industry, or 
invention of the dominions and subjects of his Britannic Majesty, shall be admitted 
into all the ports and dominions of his Royal Highness the Prince Regent of Portugal, 
as well in Europe as in America, Africa, and Asia, whether consigned to British 
or Portuguese subjects, on paying, generally and solely, duties to the amount of 
15 per cent, according to the value which shall be set upon them by a tariff 1 or table 
of valuations, called in the Portuguese language pauta, the principal basis of which 
shall be the sworn invoice cost of the aforesaid goods, merchandises, and articles, 
taking also into consideration (as far as may be just or practicable) the current prices 
thereof in the country into which tljey are imported. This tariff or valuation shall 
be determined and settled by an equal number of British and Portuguese merchants 
of known integrity and honour, with the assistance, on the part of the British mer¬ 
chants, of his Britannic Majesty’s consul general, or consul, and on the part of the 
Portuguese merchants with the assistance of the superintendent, or administrator 
general of the customs, or of their respective deputies. And the aforesaid tariff shall 
be made and promulgated in each of the ports belonging to his Royal Highness the 
Prince Regent of Portugal, in which there are or may be custom-houses. And it 
shall be revised and altered if necessary, from time to time, either in the whole, or 
in part, whenever the subjects of his Britannic Majesty, resident within the dominions 
of his Royal Highness the Prince Regent of Portugal, shall make a requisition to 
that effect through the medium of his Britannic Majesty’s consul general, or consul, 
or whenever the trading and commercial subjects of Portugal shall make the same 
requisition on their own part. 

If any British goods should hereafter arrive in the ports of the Portuguese dominions 
without having been specifically valued and rated in the new tariff 1 or pauta, they 
shall be admitted on paying the same duties of 15 per cent, ad valorem, according to 
the invoices of the goods, which shall be duly [presented and sworn to by the parties 
importing the same. And in case that any suspicion of fraud, or unfair practices, 
should arise, the invoices shall be examined, and the real value of the goods ascer¬ 
tained by a reference to an equal number of British and Portuguese merchants of 
known integrity and honour; and in case of a difference of opinion amongst them, 
followed by an equality of votes upon the subject, they shall then nominate another 
merchant likewise of known integrity and honour, to whom the matter shall be ulti¬ 
mately referred, and whose decision thereon shall be final, and without appeal. And 
in case the invoice should appear to have been fair and correct, the goods specified in 
it shall be admitted, on paying the duties above mentioned of 15 per cent.; and the 
expenses, if any, of the examination of the invoice, shall be defrayed by the party 
who called its fairness and correctness into question. But if the invoice should be 
found to be fraudulent and unfair, then the goods and merchandises shall be bought 
up by the officers of the customs on the account of the Portuguese government, ac¬ 
cording to the value specified in the invoice, with an addition of 10 per cent, to the 
sum so paid for them by the officers of the customs, the Portuguese government en- 
gaging for the payment of the goods so valued and purchased by the officers of the 
customs within the space of fifteen days; and the expenses, if any, of the examination 
of the fraudulent invoice shall be paid by the party who presented it as just and 
fair. 

17. —Articles of military and naval stores brought into the ports of his Royal 
Highness the Prince Regent of Portugal, which the Portuguese government may be 
desirous of taking for its own use, shall be paid for without delay at the prices ap¬ 
pointed by the proprietors, who shall not be compelled to sell such articles on any 
other terms. 

If the Portuguese government shall take into its own care and custody any cargo, 
or part of a cargo,'with a view to purchase, or otherwise, the Portuguese government 
shall be responsible for any damage or injury that the same may receive while in the 
care and custody of the officers of the Portuguese government. 

18. —His Royal Highness the Prince Regent of Portugal is pleased to grant to the 
subjects of Great Britain the privilege of being assignatites for the duties to be paid in 
the custom-houses of his Royal Highness’s dominions, on the same terms, and on 
giving the same security, as are required from the subjects of Portugal. 

On the other hand, the subjects of the crown of Portugal shall receive, as far as it 
may be just or legal, the same favour in the custom-houses of Great Britain as is 
shown to the natural subjects of his Britannic Majesty. 

19. —His Britannic Majesty does promise and engage, that all goods and articles 
whatsoever, of the produce, manufacture, industry, or invention ot the dominions or 

2 n 2 


CONVENTIONS OF COMMERCE. 


548 

subjects of the Prince Regent of Portugal, shall be admitted into the ports and do¬ 
minions of his Britannic Majesty, on paying generally and only the same duties that 
are paid upon similar articles by the subjects of the most favoured nation. 

If any reduction of duties should take place exclusively in favour of British goods 
imported into the dominions of Portugal, an equivalent reduction shall take place on 
Portuguese goods and merchandises imported into his Britannic Majesty’s dominions, 
and vice versa; the articles upon which such equivalent reduction is to take place 
being settled by previous concert and agreement between the two high contracting 
parties. 

It is understood, that any such reduction so granted by either party to the other, 
shall not be granted afterwards (except upon the same terms and for the same com¬ 
pensation) in favour of any other state or nation whatsoever. And this declaration is 
to be considered as reciprocal on the part of the two high contracting parties. 

20. —But as there are some articles of the growth and production of Brazil, which 
are excluded from the markets and home consumption of the British dominions, such 
as sugar, coffee, and other articles similar to the produce of the British colonies; his 
Britannic Majesty, willing to favour and protect (as much as possible) the commerce 
of the subjects of his Royal Highness the Prince Regent of Portugal, consents and 
permits that the said articles, as well as all others the growth and produce of Brazil, 
and all other parts of the Portuguese dominions, may be received and warehoused in 
all the ports of his dominions, which shall be by law appointed to be warehousing ports 
for those articles, for the purpose of re-exportation, under due regulation, exempted 
from the greater duties with which they would be charged were they destined for con¬ 
sumption within the British dominions, and liable only to the reduced duties and 
expenses on warehousing and re-exportation. 

21. —In like manner, notwithstanding the general privilege of admission thus 
granted in the 15th article of the present treaty by the Prince Regent of Portugal, in 
favour of all goods, the produce and manufacture of the British dominions, his Royal 
H ighness reserves to himself the right of imposing heavy, and even prohibitory duties 
on all articles known by the name of British East Indian goods and West Indian 
Produce, such as sugar and coffee, which cannot be admitted for consumption in the 
Portuguese dominions, by reason of the same principle of colonial policy which pre¬ 
vents the free admission into the British dominions of corresponding articles of 
Brazilian produce. 

But his Royal Highness the Prince Regent of Portugal consents that all the ports 
of his dominions, where there are or may be custom-houses, shall be free ports for the 
reception and admission of all articles whatsoever, the produce and manufacture of the 
British dominions, not destined for the consumption of the place at which they may 
be received or admitted, but for re-exportation, either for other ports of the dominions 
of Portugal, or for those of other states. And the articles thus received and admitted 
(subject to due regulations) shall be exempted from the duties with which they would 
be charged, if destined for the consumption of the place at which they may be landed 
or warehoused, and liable only to the same expenses that may be paid by articles of 
Brazilian produce received and warehoused for re-exportation in the ports of his Bri¬ 
tannic Majesty’s dominions. 

22. —His Royal Highness the Prince Regent of Portugal is pleased to declare the 
port of St. Catharine to be a Free Port, according to the terms mentioned in the pre¬ 
ceding article of the present treaty. 

23. —His Royal Highness the Prince Regent of Portugal is pleased to render Goa 
a FreePort, and to permit the free toleration of all religious sects whatever in that city 
and in its dependencies. 

24. —All trade with the Portuguese possessions situated upon the eastern coast of 
the continent of Africa (in articles not included in the exclusive contracts possessed by 
the crown of Portugal) which may have been formerly allowed to the subjects of Great 
Britain, is confirmed and secured to them now, and for ever, in the same manner as 
the trade which has hitherto been permitted to Portuguese subjects in the ports and 
seas of Asia is confirmed and secured to them by virtue of the 6th article of the 
present treaty. 

25. —His Britannic Majesty consents to wave the right of creating factories or in¬ 
corporated bodies of British merchants, within the dominions of Portugal: provided 
however, that this shall not deprive the subjects of his Britannic Majesty, residing 
within the dominions of Portugal, of|the full enjoyment, as individuals engaged in 
commerce, of any of those rights and privileges which they did or might possess as 
members of incorporated commercial bodies; and also that the commerce and trade 
carried on by British subjects shall not be restricted, or otherwise affected, by any 
commercial company whatever, possessing exclusive privileges and favours within the 
dominions of Portugal. And liis Royal Highness the Prince Regent of Portugal does 


PORTUGAL. 


549 


also engage, that he will not permit that any other nation or state shall possess factories 
or incorporated bodies of merchants within his dominions, so long as British factories 
shall not be established therein. 

26. —The two high contracting parties agree, that they will forthwith proceed to the 
revision of all other former treaties subsisting between the two crowns, for the purpose 
of ascertaining what stipulations contained in them are, in the present state of affairs, 
proper to be continued or renewed. 

It is agreed, that the stipulations, contained in former treaties concerning the ad¬ 
mission of the wines of Portugal on the one hand, and the woollen cloths of Great 
Britain on the other, shall at present remain unaltered. In the same manner it is 
agreed, that the privileges and immunities granted by either contracting party to the 
subjects of the other, whether by treaty, decree, or alvara, shall remain unaltered, 
except the power granted by former treaties, of carrying in the ships of either country, 
goods of any description whatever, the property of the enemies of the other country, 
which power is now mutually and publicly renounced and abrogated. 

27. —The reciprocal liberty of commerce and navigation, declared by the present 
treaty, shall be considered to extend to all goods whatsoever, except those articles the 
property of the enemies of either power, or contraband of war. 

28. —Under the name of contraband or prohibited articles shall be comprehended 
not only arms, cannon, arquebusses, mortars, petards, bombs, grenades, saucisses, 
carcasses, carriages for cannon, musket rests, bandoliers, gunpowder, match, saltpetre, 
ball, pikes, swords, head-pieces, helmets, cuirasses, halberts, javelins, holsters, belts, 
horses, and their harness, but generally all other articles that may have been specified 
as contraband in any former treaties concluded by Great Britain or by Portugal with 
other powers. But goods which have not been wrought into the form of warlike in¬ 
struments, or which cannot become such, shall not be reputed contraband, much less 
such as have been already wrought and made up for other purposes, all which shall 
be deemed not contraband, and may be freely carried by the subjects of both sove¬ 
reigns, even to places belonging to an enemy, excepting only such places as are be¬ 
sieged, blockaded, or invested by sea or land. 

29. —In case any vessels of war, or merchantmen, should be shipwrecked on the 
coasts of either of the high contracting parties," all such parts of the vessels, or of the 
furniture or appurtenances thereof, as also of goods as shall be saved, or the produce 
thereof, shall be faithfully restored upon the same being claimed by the proprietors 
or their factors duly authorized, paying only the expenses incurred in the preservation 
thereof, according to the rate of salvage settled on both sides ; (saving at the same time 
the rights and customs of each nation, the abolition or modification of which shall, 
however, be treated upon in the cases where they shall be contrary to the stipulations 
of the present article ;) and the high contracting parties will mutually interpose their 
authority, that such of their subjects as shall take advantage of any such misfortune 
may be severely punished. 

30. —It is further agreed, that both his Britannic Majesty and his Royal Highness 
the Prince Regent of Portugal shall not only refuse to receive any pirates, or sea- 
rovers whatsoever into any of their havens, ports, cities, or towns, or permit any of 
their subjects, citizens, or inhabitants, on either part, to receive or protect them in 
their ports., to harbour them in their houses, or to assist them in any manner what¬ 
soever ; but further, that they shall cause all such pirates and sea-rovers, and all 
persons who shall receive, conceal, or assist them, to be brought to condign punish¬ 
ment for a terror and example to others. And all their ships, with the goods or 
merchandises taken by them, and brought into the ports belonging to either of the high 
contracting parties, shall be seized, as far as they can be discovered, and shall be 
restored to the owners, or the factors duly authorized or deputed by them in writing, 
proper evidence being first given to prove the property, even in case such effects 
should have passed into other hands by sale, if it be ascertained that the buyers knew 
or might have known that they had been piratically taken. 

31. —If at any time there should arise any disagreement, breach of friendship, or 
rupture between the crowns of the high contracting parties, which God forbid, (which 
rupture shall not be deemed to exist until the recalling or sending home of their 
respective ambassadors and ministers,) the subjects of each of the two parties, residing 
in the dominions of the other, shall have the privilege of remaining and continuing 
their trade therein, without any manner of interruption, so long as they behave 
peaceably, and commit no offence against the laws and ordinances; and in case their 
conduct should render them suspected, and the respective governments should be 
obliged to order them to remove, the term of twelve months shall be allowed them for 
that purpose, in order that they may retire with their effects and property, whether 
i»» f n>sited * ; udiyidt'»ls, or to the st te. 


550 


CONVENTIONS OF COMMERCE. 


At the same time it is to be understood that this favour is not to be extended to 
those who shall act in any manner contrary to the established laws. 

32. —The present treaty shall be unlimited in point of duration, that the obligations 
and conditions expressed or implied in it shall be perpetual and immutable; and they 
shall not be changed or affected in any manner in case his Royal Highness the Prince 
Regent of Portugal should again establish the seat of the Portuguese monarchy within 
the European dominions of that crown. 

33. —But the two high contracting parties do reserve to themselves the right of 
jointly examining and revising the several articles of this treaty at the end of fifteen 
years, counted in the first instance from the date of the exchange of the ratifications 
thereof,* and of then proposing, discussing, and making such amendments or additions, 
as the real interests of their respective subjects may seem to require. It being under¬ 
stood that any stipulation which at the period of revision of the treaty shall be objected 
to by either of the high contracting parties, shall be considered as suspended in its 
operation until the discussion concerning that stipulation shall be terminated, due notice 
being previously given to the other contracting party of the intended suspension of 
such stipulation, for the purpose of avoiding mutual inconvenience. 

34. —The several stipulations and conditions of the present treaty shall begin to 
have effect from the date of his Britannic Majesty’s ratification thereof; and the 
mutual exchange of ratifications shall take place in the city of London, within the 
space of four months, or sooner if possible, to be computed from the day of the sig¬ 
nature of the present treaty. 

Done in the city of Rio de Janeiro, on the 19th day of February, 1810. 
STRANGFORD. CONDE DE LINHARES. 


AGREEMENT between the BRITISH and PORTUGUESE COMMISSIONERS, 

on four points connected with the Execution of the TREATY of 1810. Signed at 

Loudon, 18th December, 1812. 

Artici.e 1.—The official certificate of registry, signed by the proper officer of the 
British customs, shall be deemed sufficient to identify a British built ship ; and on the 
production of such certificate she shall be admitted as such in any of the ports within 
the dominions of Portugal. 

2. —Upon the importation of any goods from the United Kingdom, into any of the 
ports in the dominions of Portugal, all such goods shall be accompanied by the 
original cockets, signed and sealed by the proper officers of the British customs at the 
port of shipping, and the cockets belonging to each ship shall be numbered progres¬ 
sively, the total number stated on the first and last cocket, by the proper officers of 
customs, at the final clearance of each vessel at the British port: and it is further 
agreed, that prior to the final clearance by the searchers at the shipping port, the 
cockets for each ship must be collected and fastened together, to which shall be 
annexed a paper, with the number of the cockets, sealed with the official seal, and 
signed by the searchers; the cockets, so collected, shall be produced, together with 
the manifest sworn to by the captain, to the Portuguese consul, who shall certify the 
same on the manifest; the cockets thus secured together, and the manifest, so authen¬ 
ticated, to be returned to the searcher, in order to the final clearance of the ship. 

3. —It is agreed to place the Portuguese merchant on the same footing with the 
British, both with regard to the duties of scavage and package payable to the corpora¬ 
tion of London, and the duties payable on shipping to the corporation of the Trinity- 
house in London. To effect this, and at the same time to preserve the chartered rights 
of the corporation of London, and of the Trinity-house, it will be necessary that those 
duties should, in the first instance, be paid as at present, and in all cases where it shall 
appear that the Portuguese merchant shall have paid more than the British, the dif¬ 
ference to be returned without expense, in such manner as the British government 
shall direct. 

4. —The importer shall, on making the entry at the Portuguese Custom-house, sign 
a declaration of the value ot his goods, to such amount as he shall deem proper; and 
in case the Portuguese examining officers should be of opinion that such valuation is 
insufficient, they shall be at liberty to take the goods, on paying the importer the 
amount, according to his declaration, with the addition of 10 per cent., and also returning 
the duty paid. 


* These ratifications were exchanged in London on the 19 th of June, 1810. 




PRUSSIA. 551 

The amount to be paid on the goods being delivered tc the Portuguese officer, which 
must be within fifteen days from the first detention of the goods. 

London, 18th December, 1812. 

R. FREW IN. A. T. SM. PAYO. 

Wm. BURN. A. I. DA COSTA. 

CONVENTION of COMMERCE between his BRITANNIC MAJESTY and the 
KING of PRUSSIA. Signed at London, April 2, 1824. 

Article 1.—From and after the 1st day of May next, Prussian vessels entering 
or departing from the ports of the United Kingdom of Great Britain and Ireland, 
and British vessels entering or departing from the ports of his Prussian Majesty’s 
dominions, shall not be subject to any other or higher duties or charges whatever, 
than are or shall be levied on national vessels entering or departing from such ports 
respectively. 

2. —All articles of the growth, produce, or manufacture of any of the dominions of 
either of the high contracting parties, which are or shall be permitted to be imported 
into or exported from the ports of the United Kingdom and of Prussia, respectively, in 
vessels of the one country, shall, in like manner, be permitted to be imported into and 
exported from those ports in vessels of the other. 

3. —All articles not of the growth, produce, or manufacture of the dominions of his 
Britannic Majesty, which can legally be imported from the United Kingdom of 
Great Britain and Ireland into the ports of Prussia, in British ships, shall be subject 
only to the same duties as are payable upon the like articles, if imported in Prussian 
ships; and the same reciprocity shall be observed in the ports of the United Kingdom, 
in respect to all articles not the growth, produce, or manufacture of the dominions 
of his Prussian Majesty, which can legally be imported into the ports of the United 
Kingdom in Prussian ships. 

4. —All goods, which can legally be imported into the ports of either country, shall 
be admitted at the same rate of duty, whether imported in vessels of the other country, 
or in national vessels ; and all goods which can be legally exported from the ports of 
either country, shall be entitled to the same bounties, drawbacks, and allowances, 
whether exported in vessels of the other country, or in national vessels. 

5. —No priority or preference shall be given, directly or indirectly, by the govern¬ 
ment of either country, or by any company, corporation, or agent, acting on its behalf, 
or under its authority, in the purchase of any article, the growth, produce, or manu¬ 
facture of either country, imported into the other, on account of, or in reference to, the 
character of the vessel in which such article was imported ; it being the true intent and 
meaning of the high contracting parties, that no distinction or difference whatever 
shall be made in this respect. 

6. —The present convention shall be in force for the term of ten years from the date 
hereof; and further, until the end of twelve months after either of the high contracting 
parties shall have given notice to the other of its intention to terminate the same ; each 
of the high contracting parties reserving to itself the right of giving such notice to the 
other, at the end of the said term of ten years: and it is hereby agreed between them, 
that at the expiration of twelve months after such notice shall have been received by 
either party from the other, this convention, and all the provisions thereof, shall al¬ 
together cease and determine. 

7. —The present convention shall he ratified, and the ratifications shall be exchanged 
at London within one month from the date hereof, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London the 2d day of April, 1824. 

GEORGE CANNING. WERTHER. 

W. HUSKISSON. 


For the Order in Council, dated May 25, 1824, respecting Prussian vessels, see 
page 517. 

For the Treasury Letter, dated October 13, 1824, respecting Pilotage , see page 183. 
For the Order in Council, dated May 3, 1823, respecting trading to British Pos¬ 
sessions abroad, see British Possessions abroad, post. 


552 


CONVENTIONS OF COMMERCE. 


CONVENTION between his BRITANNIC MAJESTY and the EMPEROR of 
RUSSIA. Signed at Petersburgh in February, 1825. 

Article 1.—It is agreed that the respective subjects of the high contracting parties 
shall not be troubled or molested, in any part of the ocean commonly called the Pacific 
Ocean, either in navigating the same, in fishing therein, or in landing at such parts 
of the coast as shall not have been already occupied, in order to trade with the natives, 
under the restrictions and conditions specified in the following articles. 

2. —In order to prevent the right of navigating and fishing, exercised upon the 
ocean by the subjects of the high contracting parties, from becoming the pretext for an 
illicit commerce, it is agreed that the subjects of his Britannic Majesty shall not land 
at any place where there may be a Russian establishment, without the permission of 
the governor or commandant: and, on the other hand, that Russian subjects shall not 
land, without permission, at any British establishment on the north-west coast. 

3. —The line of demarcation between the possessions of the high contracting parties, 
upon the coast of the continent, and the islands of America to the north-west, shall be 
drawn in the manner following :— 

Commencing from the southernmost point of the island called Prince of Wales’ 
Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and 
between the 131st and the 133d degree of west longitude, (meridian of Greenwich,) the 
said line shall ascend to the north along the channel, as far as the point of the con¬ 
tinent where it strikes the 56th degree of north latitude ; from this last mentioned 
point, the line of demarcation shall follow the summit of the mountains situated 
parallel to the coast, as far as the said point of intersection of the 141st degree of west 
longitude; (of the same meridian;) and finally, from the said point of intersection, the 
said meridian line of the 141st degree, in its prolongation as far as the Frozen Ocean, 
shall form the limit between the Russian and British possessions on the continent of 
America to the north-west. 

4. —With reference to the line of demarcation laid down in the preceding article 
it is understood; 

1st.—That the island called Prince of Wales’ Island shall belong wholly to Russia. 

2d.—That wherever the summit of the mountains which extend in a direction 
parallel to the coast, from the 56th degree of north latitude to the point of intersection 
of the 141st degree of west longitude, shall prove to be at the distance of more than 
10 marine leagues from the ocean, the limit between the British possessions and the 
line of coast which is to belong to Russia, as above mentioned, shall be formed by a 
line parallel to the windings of the coast, and which shall never exceed the distance 
of 10 marine leagues therefrom. 

5. —It is moreover agreed, that no establishment shall be formed by either of the 
two parties within the limits assigned by the two preceding articles to the possessions 
of the other: consequently, British subjects shall not form any establishment either 
upon the coast, or upon the border of the continent comprised within the limits of the 
Russian possessions, as designated in the two preceding articles ; and, in like manner 
no establishment shall be formed by Russian subjects beyond the said limits. 

6. —It is understood, that the subjects of his Britannic Majesty, from whatever 
quarter they may arrive, whether from the ocean, or from the interior of the continent, 
shall for ever enjoy the right of navigating freely, and without any hinderance what¬ 
ever, all the rivers and streams which, in their course towards the Pacific Ocean, may 
cross the line of demarcation upon the line of coast described in article 3, of the pre¬ 
sent Convention. 

7. —It is also understood that, for the space of ten years from the signature of the 
present Convention, the vessels of the two powers, or those belonging to their respective 
subjects, shall mutually be at liberty to frequent, without any hinderance whatever, all 
the inland seas, the gulfs, havens, and creeks on the coast mentioned in article 3, for 
the purposes of fishing and of trading with the natives. 

8. —The port of Sitka, or Novo Archangelsk, shall be open to the commerce and 
vessels of British subjects for the space of ten years from the date of the exchange of 
the ratifications of the present Convention. In the event of an extension of this term 
of ten years being granted to any other power, the like extension shall be granted also 
to Great Britain. 

9. —The above-mentioned liberty of commerce shall not apply to the trade in 
spirituous liquors, in fire-arms or other arms, gunpowder or other warlike stores • the 
high contracting parties reciprocally engaging not to permit the above-mentioned 
articles to be sold or delivered, in any manner whatever, to the natives of the country. 

10. ——Every British or Russian vessel navigating the Pacific Ocean, which may be 


SWEDEN AND NORWAY. 553 

compelled, by storms or by accident, to take shelter in the ports of the parties, shall 
be at liberty to refit therein, to provide itself with all necessary stores, and to put to 
sea again, without paying any other than port and light-house dues, which shall be the 
same as those paid by national vessels. In case, however, the master of such vessel 
should be under the necessity of disposing of a part of his merchandise in order to 
defray his expenses, he shall conform himself to the regulations and tariffs of the place 
where he may have landed. 

11. —In case of complaint of an infraction of the articles of the present convention, 
the civil and military authorities of the high contracting parties, without previously 
acting or taking any forcible measure, shall make an exact and circumstantial report 
of the matter to their respective courts, who engage to settle the same, in a friendly 
manner, and according to the principles of justice. 

12. —The present convention shall be ratified, and the ratifications shall be exchanged 
at London within the space of six weeks, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at St. Petersburgh, the 28th [16] February, 1825. 

STRATFORD CANNING. THE COUNT DE NESSELRODE. 

PIERRE DE POLETICA. 


CONVENTION of COMMERCE and NAVIGATION between HIS MAJESTY 
and the KING of SWEDEN and NORWAY, together with an additional Article 
thereunto annexed. Signed at London, March 18, 1826. 


Artici.e 1.—The several stipulations contained in the declarations exchanged 
between the plenipotentiaries of his Majesty the King of the United Kingdom of 
Great Britain and Ireland, and his Majesty the King of Sweden and Norway, on the 
24th day of April and 16th day of July, 1824, shall continue in force between the 
high contracting parties, respectively for the term of the present Convention, and shall 
be equally binding upon the said parties, their officers and subjects, except as far as 
the same may be hereinafter varied, as if the same had been inserted, word for word, 
in this Convention. 

2. —British vessels entering or departing from the ports of the kingdoms of Sweden 
and Norway, and Swedish and Norwegian vessels entering or departing from the ports 
of the United Kingdom of Great Britain and Ireland, shall not be subject to any other 
higher ship-duties or charges, than are or shall be levied on national vessels entering 
or departing from such ports respectively. 

3. —All goods, wares, and merchandise, whether the production of the kingdoms of 
Sweden and Norway, or of any other country, which may be legally imported from 
any of the ports of the said kingdoms into the United Kingdom of Great Britain and 
Ireland in British vessels, shall, in like manner, be permitted to be so imported directly 
in Swedish or Norwegian vessels; and all goods, wares, and merchandise, whether the 
production of any of the dominions of his Britannic Majesty, or of any other country, 
which may be legally exported from the ports of the United Kingdom in British ves¬ 
sels, shall, in like manner, be permitted to be exported from the said ports in Swedish 
or Norwegian vessels. An exact reciprocity shall be observed in the ports of Sweden 
and Norway, so that all goods, wares, and merchandise, whether the production of the 
United Kingdom, or of any other country, which may be legally imported from the 
ports of the United Kingdom into the ports of Sweden and Norway, in Swedish or 
Norwegian vessels, shall, in like manner, be permitted to be so imported from the 
ports of the United Kingdom in British vessels ; and all goods, wares, and merchan¬ 
dise, whether the production of any of the dominions of his Swedish Majesty, or of 
any other country, which may be legally exported from the ports of Sweden or Norway 
in Swedish or Norwegian vessels, shall, in like manner, be permitted to be exported 
from the said ports in British vessels. 

4. —All goods, wares, and merchandise, which can legally be imported into the ports 
of either country, directly from the other, shall, upon such importation, be admitted at 
the same rate of duty, whether imported in vessels of the one or the other country ; 
aud all goods, wares, and merchandise, which can be legally exported from the ports of 
either country, shall, upon such exportation, be liable to the same duties, and be en¬ 
titled to the same bounties, drawbacks, and allowances, whether exported in vessels of 
the one or the other country. 

5. —No priority or preference shall be given, directly or indirectly, by the govern¬ 
ment of either country, or by any company, corporation, or agent, acting in its behalf or 
under its authority, in the purchase of any article of the growth, produce, or manufac- 


554 


CONVENTIONS OF COMMERCE. 

ture of either country, imported into the other, on account of or in reference to the 
character of the vessel in which such article was imported; it being the true intent 
and meaning of the high contracting parties, that no distinction or difference whatever 
shall be made in this respect. 

6. —From and after the date of the present Convention. British ships shall be allowed 
to proceed direct from any port of his Britannic Majesty’s dominions to any colony of 
his Majesty the King of Sweden and Norway not in Europe, and to import into such 
colony any goods the growth, produce, or manufacture of the United Kingdom, or of 
any of the British dominions, not being such goods as are prohibited to be imported 
into such colony, or as are admitted only from the dominions of his Majesty the King 
of Sweden and Norway ; and such British ships, and such goods so imported in them, 
shall be liable, in such colony of his Majesty the King of Sweden and Norway, to no 
higher or other charges than would be there payable on Swedish or Norwegian ships 
importing the like sort of goods, or payable on the like goods the growth, produce, or 
manufacture of any foreign country, allowed to be imported into the said colony in 
Swedish or Norwegian ships. And from and after the same date Swedish and Nor¬ 
wegian vessels shall be allowed to proceed direct from any ports of the dominions of 
his Majesty the King of Sweden and Norway, to any colony of the United Kingdom of 
Great Britain and Ireland, (other than those in the possession of the East India com¬ 
pany,) and to import into such colony any goods, the growth, produce, or manufacture 
of the kingdoms of Sweden and Norway, or of any of their dominions, not being such 
goods as are prohibited to be imported into such colony, or as are admitted only from 
the dominions of his Britannic Majesty; and such Swedish and Norwegian vessels, 
and such goods so imported in them, shall be liable, in such colony of the United 
Kingdom of Great Britain and Ireland, (other than those in the possession of the East 
India company,) to no other or higher charges than would be there payable on British 
vessels importing the like sorts of goods, or payable on the like goods, the growth, 
produce, or manufacture of any foreign country allowed to be imported into the said 
colony in British ships. 

7. —From and after the date of the present Convention, British ships shall be 
allowed to export from any colony of his Majesty the King of Sweden and Norway 
not in Europe, any goods not prohibited to be exported from such colony ; and such 
British ships, and such goods so exported in them, shall be liable, in such colony, to 
no other or higher charges than would be payable by, and shall be entitled to the same 
drawbacks as would be there allowable on, Swedish or Norwegian ships exporting such 
goods. And the like liberty and privileges of exportation shall be reciprocally granted 
in the British colonies, (other than those in the possession of the East India company,) 
to Swedish and Norwegian ships, and to goods exported in them. 

8. —In respect to the commerce to be carried on in vessels of Sweden or Norway 
with the British dominions in the East Indies, or now held by the East India com¬ 
pany in virtue of their charter, his Britannic Majesty consents to grant the same 
facilities and privileges in all respects to the subjects of his Swedish Majesty, as are or 
may be enjoyed under any treaty or act of parliament by the subjects or citizens of the 
most favoured nation; subject to the laws, rules, regulations, and restrictions which 
are or may be applicable to the ships and subjects of any other foreign country enjoy¬ 
ing the like facilities and privileges of trading with the said dominions. 

9. —The high contracting parties engage that all articles the growth, produce, or 
manufacture of their respective dominions, shall be subject to no higher duties, upon 
their admission from the one country into the other, than are paid by the like articles, 
the growth, produce, or manufacture of any other foreign country; and that no pro¬ 
hibition or restraint shall be imposed upon the importation into the one country from 
the other, or upon the exportation from the one country to the other, of any such 
articles, the growth, produce, or manufacture of either of the said states, which shall 
not equally extend to all other nations; and generally that in all matters and regula¬ 
tions of trade and navigation, each of the high contracting parties will treat the other 
upon the footing of the most favoured nation. 

10. —In consideration of the advantages and facilities which the navigation and 
commerce of the United Kingdoms of Sweden and Norway will enjoy under the pre¬ 
sent Convention, and the act of parliament of the 5th July, 1825,* his Majesty the 
King of Sweden and Norway consents that, from and after this date, vessels of the 
United Kingdom of Great Britain and Ireland shall be allowed to import into Sweden 
any merchandise or goods of European origin, which are likewise permitted to be 
imported into Sweden from any port whatever, with the exception of the following 
articles:— 


* 6 Geo. IV. c. 114. See in British Possessions abroad. 




TWO SICILIES. 


555 


Salt, 


Wine, 

Tobacco, 

Salt or dried Fish, 
Wool, and 
Stuffs of all kinds, 


Hemp, 

Flax, 

Oil of all kinds, 
Grain of all kinds, 


which, as before, shall be imported into Sweden only in vessels of Sweden and Nor¬ 
way, or in vessels of the countries of which such articles are the produce. 

The said excepted articles shall, however, be allowed to be imported into Sweden in 
vessels of the United Kingdom of Great Britain and Ireland proceeding direct from 
some port of the United Kingdom, provided such articles shall have been previously 
landed and warehoused in a port of the United Kingdom, after having been imported 
thither from the country of their origin. 

These stipulations in favour of British commerce shall remain in force during the 
continuance of the present Convention, and as far as the act of parliament of the 5th 
July, 1825, shall continue to grant to the navigation and commerce of Sweden equiva¬ 
lent facilities of the same nature. 

11.—His Majesty the King of the United Kingdom of Great Britain and Ireland, 
and his Majesty the King of Sweden and Norway, mutually agree, that no higher or 
other duties shall be levied in any of their dominions, upon any personal property of 
their respective subjects, on the removal of the same from the dominions of their said 
Majesties reciprocally, either upon the inheritance of such property, or otherwise, than 
are or shall be payable in each state upon the like property, when removed by a subject 
of such state respectively. 

12—The present Convention shall be in force for the term of ten years from the 
date hereof; and further, until the end ot twelve months after either of the high con¬ 
tracting parties shall have given notice to the other of its intention to terminate the 
same; each of the high contracting parties reserving to itself the right of giving such 
notice to the other, at the end of the said term of ten years ; and it is hereby agreed 
between them, that at the expiration of twelve months after such notice shall have been 
received by either party from the other, this Convention, and all the provisions thereof, 
shall altogether cease and determine. 

13.—The present Convention shall be ratified, and the ratifications shall be exchanged 
at London, within six weeks from the date hereof, or sooner if possible. 

I n witness whereof the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 18th day of March, 1826. 

GEORGE CANNING. 

WILLIAM HUSKISSON. 

Additional Article. —As it may sometimes happen that a Swedish or Norwegian 
vessel trading to the possessions held by the British East India company in the East 
Indies, under the eighth article of the Convention of this date, may find it expedient to 
dispose of the whole or part of her cargo, on her homeward bound voyage, in other 
ports than those of Sweden and Norway, it is hereby agreed, that any such vessel may 
proceed with such cargo to any foreign place or port whatsoever, not being within the 
limits of the East India company’s charter, and excepting the United Kingdom of 
Great Britain and Ireland and its dependencies. 

The present additional article shall have the same force and validity as if it were 
inserted, word for word, in the Convention signed this day. It shall be ratified, 
and the ratifications shall be exchanged at the same time. 

In witness whereof, the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 18th day of March, 1826. 

GEORGE CANNING. 

WILLIAM HUSKISSON. 

TREATY of COMMERCE and NAVIGATION between his BRITANNIC 

MAJESTY and the KING of the TWO SICILIES. Signed at London, Sep¬ 
tember 26, 1816. 

Article!.— His Britannic Majesty consents that all the privileges and exemp¬ 
tions which his subjects, their commerce and shipping, have enjoyed, and do enjoy, in 
the dominions, ports, and domains of his Sicilian Majesty, in virtue of the treaty of 
peace and commerce concluded at Madrid on the 10th of May (23d of May), 1667, 


556 


CONVENTIONS OF COMMERCE. 

between Great Britain and Spain; of the treaties of commerce between the same 
powers, signed at Utrecht, the 9th of December, 1713, and at Madrid, the 13th of 
December, 1715; and of the convention concluded at Utrecht, the 8th of March, 
1712-1713, between Great Britain and the Kingdom of Sicily, shall be abolished; 
and it is agreed upon in consequence, between their said Britannic and Sicilian Ma¬ 
jesties, their heirs and successors, that the said privileges and exemptions, whether of 
persons or of flags and shipping, are and shall continue for ever abolished. 

2. —His Sicilian Majesty engages not to continue, nor hereafter to grant to the 
subjects of any other power whatever, the privileges and exemptions abolished by the 
present Convention. 

3. —His Sicilian Majesty promises that the subjects of his Britannic Majesty shall 
not be subjected within his dominions to a more rigorous system of examination and 
search by the officers of customs, than that to which the subjects of his said Sicilian 
Majesty are liable. 

4. —His Majesty the King of the Two Sicilies promises that British commerce in 
general, and the British subjects who carry it on, shall be treated throughout his 
dominions upon the same footing as the most favoured nations, not only with respect 
to the persons and property of the said British subjects, but also with regard to every 
species of article in which they may traffic, and the taxes or other charges payable on 
the said articles, or on the shipping in which the importation shall be made. 

5. —With respect to the personal privileges to be enjoyed by the subjects of his 
Britannic Majesty in the kingdom of the Two Sicilies, his Sicilian Majesty promises 
that they shall have a free and undoubted right to travel, and to reside in the territories 
and dominions of his said Majesty, subject to the same precautions of police which 
are practised towards the most favoured nations. They shall be entitled to occupy 
dwellings and warehouses, and to dispose of their personal property of every kind and 
description, by sale, gift, exchange, or will, and in any other way whatever, without 
the smallest loss or hinderance being given them on that head. They shall not be 
obliged to pay, under any pretence whatever, other taxes or rates than those which are 
paid, or that hereafter may be paid, by the most favoured*.nations in the dominions of 
his said Sicilian Majesty. They shall be exempt from all military service, whether 
by land or sea; their dwellings, warehouses, and every thing belonging or appertaining 
thereto for objects of commerce or residence, shall be respected. They shall not be 
subjected to any vexatious search or visits. No arbitrary examination or inspection 
of their books, papers, or accounts, shall he made under the pretence of the supreme 
authority of the state, but these shall alone be executed by the legal sentence of the 
competent tribunals. His Sicilian Majesty engages on all these occasions to guarantee 
to the subjects of his Britannic Majesty who shall reside in his states and dominions, 
the preservation of their property and personal security, in the same manner as those 
are guaranteed to his subjects, and to all foreigners belonging to the most favoured 
and most highly privileged nations. 

6. —According to the tenour of the articles 1 and 2 of this Treaty, his Sicilian Ma¬ 
jesty engages not to declare null and void the privileges and exemptions which actually 
exist in favour of British commerce within his dominions, till the same day, and except 
by the same act, by which the privileges and exemptions, whatsoever they are, of all 
other nations, shall be declared null and void within the same. 

7. —His Sicilian Majesty promises, from the date when the general abolition of the 
privileges according to the articles 1, 2, and 6, shall take place, to make a reduction 
of 10 per cent, upon the amount of the duties, payable according to the tariff in force 
the 1st of January, 1816, upon the total of the merchandise or production of the United 
Kingdom of Great Britain and Ireland, her colonies, possessions, and dependencies, 
imported into the states of his said Sicilian Majesty, according to the tenour of article 4, 
of the present Convention ; it being understood that nothing in this article shall be 
construed to prevent the King of the Two Sicilies from granting, if he shall think 
proper, the same reduction of duty to other foreign nations. 

8. —The subjects of the Ionian Islands shall, in consequence of their being actually 
under the immediate protection of his Britannic Majesty, enjoy all the advantages 
which are granted to the commerce and to the subjects of Great Britain by the present 
treaty; it being well understood that, to prevent all abuses, and to prove its identity, 
every Ionian vessel shall be furnished with a patent, signed by the Lord High Com¬ 
missioner or his representative. 

9. —The present convention shall be ratified, and the ratifications thereof exchanged 
in London within the space of six months, or sooner if possible. 

In witness whereof, the respective plenipotentiaries have signed it, and thereunto 
affixed the seal of their arms. 

Done at London, the 26tli of September, 1816. 

CASTLEKEAGIL 


CASTELCICALA. 


FRANKFORT. 


557 


SEPARATE AND ADDITIONAL ARTICLE. 

In order to avoid all doubt respecting the reduction upon the duties in favour of 
British commerce, which his Sicilian Majesty has promised in the 7th article of the 
Convention, signed this day between his Britannic Majesty and his Sicilian Majesty, 
it is declared, by this present separate and additional article, that by the concession of 
10 per cent, of diminution, it is understood that in case the amount of the duty should 
be 20 per cent, upon the value of the merchandise, the effect of the reduction of 10 
per cent, is to reduce the duty from 20 to 18: and so for other cases in proportion. 
And that for the articles which are not taxed ad valorem in the tariff, the reduction of 
the duty shall be proportionate; that is to say, a deduction of the tenth part upon the 
amount of the sum payable shall be granted. 

The present separate and additional article shall have the same force and validity as 
if it had been inserted word for word in the Convention of this day—it shall be ratified, 
and the ratification thereof shall be exchanged at the same time. 

In witness whereof, the respective plenipotentiaries have signed it, and have there¬ 
unto affixed the seal of their arms. 

Done at London, the 26th of September, 1816. 

CASTLEREAGH. CASTELCICALA. 


TREATY of COMMERCE and NAVIGATION between his MAJESTY and the 
Free City of FRANKFORT. 

The following are the articles of this treaty :— 

Article 1.—There shall be between, the United Kingdom of Great Britain and Ire¬ 
land, and the Free City of Frankfort and its Territories, a reciprocal freedom of com¬ 
merce. 

The subjects and citizens of the two countries respectively, shall have liberty freely 
and securely to come with their ships and cargoes, or with goods borne by land, or by- 
inland navigation, to all such places, ports, and rivers, in the respective territories afore¬ 
said, to which other foreigners are or may be permitted to come, and to enter into the 
same, and to remain and reside in any port or part of the said territories respectively, and 
to hire and occupy houses and warehouses for the purposes of their commerce, in such 
manner as is permitted to merchants of the most favoured nations ; and, generally, the 
merchants and traders of each state shall, within the territories of the other, enjoy the 
most complete protection and security for their commerce, subject always to the laws 
and statutes of the two states respectively ; and, generally, each of the said high con¬ 
tracting parties agrees to place the other, in all that respects trade, commerce, and 
navigation, on the footing of the most favoured nation. 

2. —No higher or other duties shall be imposed on the importation of any articles, 
goods, wares, and merchandise, the growth, produce, or manufacture of the territory of 
the republic of Frankfort, or of any other country, into the United Kingdom of Great 
Britain and Ireland, which may be legally imported from the free city of Frankfort , 
or the territories thereof, than are or shall be payable on the like articles, goods, wares, 
and merchandise, imported from any other foreign country ; and, reciprocally, no 
higher or other duties shall be imposed on the importation of any articles, goods, wares, 
and merchandise, into the free city of Frankfort, or into its territories, from the terri¬ 
tories of his Britannic Majesty in Europe, than are or shall be payable on the like 
articles, goods, wares, and merchandise, imported from any other foreign country. 

3. —No higher or other duties or charges shall be imposed, nor shall any lower draw¬ 
backs or bounties be allowed or granted, in the territories of either of the high contract¬ 
ing parties, on the exportation of any articles, goods, wares, and merchandise, to the 
territories of the other by sea or land, or by inland navigation, than such as are or shall 
be payable, or allowed or granted, on the exportation of the like articles, goods, wares, 
and merchandise, to any other foreign country. 

4. —No prohibition or restriction shall be imposed upon the importation or exportation, 
by sea or land, or by inland navigation, of any articles, the growth, produce, or manu¬ 
facture of the territories of either of the high contracting parties, into or from the terri¬ 
tories of the other, which shall not equally extend to the like articles, the growth, pro¬ 
duce, or manufacture of the territories of all other foreign powers. 

5. —All goods, wares, and merchandise imported into the free city of Frankfort, or 
into the territories thereof, from the territories of his Britannic Majesty in Europe, 
shall be admitted into the said free city and the territories thereof, on paying duties 
according to the tariff now in force there; and all goods, wares, and merchandise im¬ 
ported into the territories of his Britannic Majesty in Europe from the said free city of 




558 


CONVENTIONS OF COMMERCE. 

Frankfort, or the territories thereof, shall be admitted into his Britannic Majesty’s said 
territories, on paying duties according to the several acts of the British Parliament now 
in force respecting the trade and navigation of the United Kingdom; (of which re¬ 
spective tariffs authenticated copies have been interchanged between the high con¬ 
tracting parties at the time of the execution of this present Convention.) The high 
contracting parties mutually reserve to themselves the right to establish all such 
changes as to them shall seem meet, respecting the mode of estimating and collecting 
the duties imposed by the said respective tariffs. Should any change be hereafter 
made in the tariff* of duties now payable in the territories of his Britannic Majesty in 
Europe, as shall have the effect of increasing the amount of the duties payable on the 
importation of any article into those territories from the free city of Frankfort, or the 
territories thereof, the said Free City of Frankfort reserves to itself the right of making 
such an addition to their before-mentioned tariff, as shall countervail and be equal to 
any such increase. 

6. —The same duties shall be paid on the importation of any articles, goods, wares, 
and merchandise, into the territories of his Britannic Majesty in Europe, from the free 
city of Frankfort, and the territories thereof, whether such importation shall be in 
British or in Frankfort vessels ; or whether such articles, goods , wares , and merchandise, 
shall be transhipped at any foreign port from a Frankfort into a British vessel, or be 
laden onboard any such British vessel at any quay, wharf, or warehouse, at which the 
same may have been discharged from any such Frankfort vessel; and, reciprocally, 
the same duties shall be paid on the importation of any articles, goods, wares, and 
merchandise, into the territories of the free city of Frankfort, or into the said city from 
his Britannic Majesty’s territories in Europe, whether such importation shall be in 
Frankfort or in British vessels; or, whether such articles shall be transhipped at any 
foreign port from a British into a Frankfort vessel, or be laden on board any such 
Frankfort vessel at any quay, wharf, or warehouse, at which the same may have been 
discharged from any such British vessel. 

7. —The same duties shall be paid, and the same drawbacks and bounties allowed 
and granted, on the exportation of any articles, goods, wares, and merchandise, from 
the territories of his Britannic Majesty in Europe, by sea or by inland navigation, to 
the free city of Frankfort and the territories thereof, whether such exportation shall be 
in Frankfort or in British vessels ; and, reciprocally, the same duties shall be paid, and 
the same bounties and drawbacks allowed, on the exportation of any articles, goods, 
wares, and merchandise, from the territories of the free city of Frankfort, or from the 
said city by inland navigation, to his Britannic Majesty’s dominions in Europe, whether 
such exportation shall be in British or in Frankfort vessels. 

8_No higher or other duties or charges on account of tonnage, light, or harbour 

dues, pilotage, salvage in case of damage or shipwreck, or any other local charges, shall 
be imposed in any of the ports of his Britannic Majesty’s dominions in Europe on 
Frankfort vessels, than those payable in the same ports by British vessels; nor at 
Frankfort on British vessels, than shall be payable at Frankfort on Frankfort vessels. 

9.—In consideration of the limited extent of the territory belonging to the republic 
of Frankfort, it is hereby stipulated and agreed, that any vessel, being Frankfort or 
British built, and being navigated by a master and a crew, three-fourths of which at 
least are citizens or subjects of the free city of Frankfort, or of any or either of the 
states comprised in the Germanic confederation, as described and enumerated in the 
53d and 56th articles of the general treaty of Congress, signed at Vienna on the 9th 
of June, 1815, such vessel, so built, navigated, and wholly owned by Frankfort citizens 
or subjects, shall, for all the purposes of this treaty, be taken tp be and considered as a 
vessel belonging to Frankfort. 

13. —The present treaty shall be in force for the term of ten years from the date 
hereof, and further, until the end of twelve months after the King of the United King¬ 
dom of Great Britain and Ireland, on the one part, or the Senate of the free city of 
Frankfort on the other part, shall have given notice of their intention to terminate the 
same ; each of the said high contracting parties reserving to itself the right of giving 
such notice to the other at the end of nine years. 

14. —The present treaty shall be ratified, and the ratifications shall be exchanged at 
London within the space of two months, or sooner if possible. 

In witness whereof, the respective plenipotentiaries have signed the same, and have 
affixed thereto the seals of their arms. 

Done at London, the 13th day of May, in the year of our Lord, 1832. 


PALMERSTON, 

AUCKLAND. 


HARNIER. 




559 


TABLE OF DUTIES OF CUSTOMS INWARDS. 


A Table of the Duties of Customs payable on Goods, Wares, and Merchandise, 
imported into the United Kingdom from Foreign Parts,—and of the Drawbacks 
to be allowed on the Exportation of such Goods, Wares, and Merchandise. 


s. d. 


0 0 


0 0 

*** See as to parts of articles, entered for duty ad valorem , page 458. 

Note. —All goods, the produce or manufacture of the island of 
Mauritius, are subject to the same duties as are imposed in 
this Table on the like goods the produce or manufacture of the 
British possessions in the IVest Indies. —See also 6 Geo. IV. 
c. 114. § 44. page 643., and 7 Geo. IV. c. 48. § 47. page 651. 

All goods, the produce or manufacture of the Cape of Good Hope 
or the territories or dependencies thereof, are subject to the 
same duties as are imposed in this Table on the like goods the 
produce or manufacture of the British possessions within the 
limits of the East India company's charter , except when any 
other duty is expressly imposed thereon. —See also page 499. 

Goods of Europe. —For the Restriction upon Importation, see 
page 389; and for the Prohibitions and Restrictions upon other 
Goods, see pages 457 and 458. 


INWARDS. 


£. 


Goods, Wares, and Merchandise, being either in part or wholly manufac¬ 
tured, and not being (hereafter) enumerated or described, nor other¬ 
wise charged with duty, and not prohibited to be imported into or 

used in Great Britain or Ireland, for every 100/. of the value.20 

Goods, Wares, and Merchandise, not being either in part or wholly manufac¬ 
tured , and not being (hereafter) enumerated or described, nor other¬ 
wise particularly charged with duty, and not prohibited to be im¬ 
ported into or used in Great Britain or Ireland, for every 100/. of 
the value...5 


£. 

ACACIA, the lb.0 

Acetous Acid, see Vinegar. 

Acorns, see Seed. 

Acorns, the lb.... *.9 

Adianthum, the lb....9 

Agaric, the cwt.*.*. 1 

Agates, or Cornelians, viz.—set, for every 100/. of the value.20 

- not set, for every 100/. of the value .10 

- Beads, see Beads. 

Alkali, (not being Barilla,) viz. any article containing Soda or Mineral Alkali, 
whereof Mineral Alkali is the most valuable part, (such Alkali not 
being otherwise charged with duty,) 

-If not containing more than 20 per cent, of such Alkali, the cwt. .. 

-ex. 20 and not ex. 25 per cent, ditto. 

-ex. 25 and not ex. 30 per cent, ditto.... • 

-ex. 30 and not ex. 40 per cent, ditto. . . . . 

■ If containing more than 40 per cent, of such Alkali, the cwt.. 

■ ■ ... natural, imported from places within the limits of the East India 

company’s charter, per ton §.• •. 

Alkanet Root, the cwt. ... 


s. d. 
2 0 


0 10 
0 8 
18 0 
0 0 
0 0 


11 4 
15 0 
18 4 
3 4 
10 0 

0 0 
2 0 































TABLE OF DUTIES. 


5G0 

£. s. (t. 

Alkermes, Confection of, the oz. 0 1 8 

Almond Paste, for every 100/. of the value.60 0 0 

Almonds, viz.—Bitter, the cwt. . 0 4 0 

-Jordan, the cwt. ...2 0 0 

--— any other sort, the cwt. . 1 0 0 

Aloes, the lb. ^[ ...*. 0 0 8 

■ ■ . the produce of and imported from any British possession, the lb. .. 0 0 2 

If imported in gourds, tare7lbs. for every lOOlbs. gross.—Cus. Min. 26 
Sept. 1793. 

Alum, the cwt...... 0 17 6 

-Roch, the cwt. 0 11 8 

Amber Beads, see Beads. 

-Oil of, see Oil. 

-Rough, the lb. .... 0 0 6 

-Manufactures of, not otherwise enumerated or described, the lb. ... 0 12 0 

Ambergris, the oz. . 0 0 6 

Ambra Liquida, the lb. 0 3 4 

Anacardium, see Cashew Nuts, in Nuts. 

Anchovies, the lb. ,1. 0 0 2 

An adequate tare to be allowed for the package, and one-third part for 
salt and pickle.—Cus. Min. 24 Jan. 1792. 

Angelica, the cwt. . 0 4 0 

Annatto, or Rocou, viz.—Flag, the cwt. . 0 1 0 

-Roll, the cwt. . 0 4 0 

-any other sort not otherwise enumerated, the lb.0 1 0 

Antimony, viz.—Ore, the ton. 0 1 0 

- - -Crude, the cwt. *[.......'. 0 8 0 

-Regulus, the cwt.*f[... 0 16 0 

Apples, the bushel. 0 4 0 

-Dried, the bushel. 0 7 0 

Aquafortis, the cwt. 0 14 3 

Arrangoes, for every 100/. of the value...20 0 0 

Archelia, see Orchal. 

Argol, the cwt.. 0 0 6 

Aristolochia, the lb. 0 0 10 

Arquebusade Water, see Spirits. 

Arrow Root or Powder, the lb. 0 0 2 

-the produce of and imported from any British possession, the 

cwt. .... 0 1 0 

Arsenic, the cwt. . 0 8 0 

Asafoetida, see Gum. 

Assarum Root, the lb. 0 0 8 

Ashes, viz. Pearl and Pot, the cwt. 0 6 0 

-the produce of any British possession, and imported direct from 

thence **. Free. 

-Soap, Wood, and Weed, the cwt. *. 0 1 8 

-not otherwise enumerated or described, for every 100/. of the value .20 0 0 

Asphaltum, the cwt. . 0 4 0 

Asses, each. 0 10 0 

Auripigmentum, see Orpiment. 

B ACON, the cwt. 1 8 0 

Balaustia, the lb. 0 0 10 

Balm of Gilead, see Balsam. 

Balsam, viz.—Canada, the lb. . 0 0 1 

-Copaiba, or Capivi, the cwt. . 0 4 0 

-Riga, the lb. 0 1 0 

..and further as Foreign Spirits, the gallon .... . 1 10 0 

-Peru, the lb. . o 1 0 

-Tolu, the lb. . 0 2 0 

-Balm of Gilead, and all Balsams not otherwise enumerated or de¬ 
scribed, the lb. 0 4 6 


* 7 Geo. IV. c. 48. (6 July, 1826.) || 10 Geo. IV. c. 43. (22 June, 1829.) 

«f[ 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 

** See 7 Geo. IV. c. 48. § 45. in British Possessions abroad, page 651. 




































































TABLE OF DUTIES. 


561 


£. 


Bandstring Twist, the dozen knots, each knot containing 32 yards. 0 

Barilla, for every ton §. 2 

For repayment of Duty on Barilla used in Bleaching, see page 509. 

Bark, viz.—for tanner’s or dyer’s use, the cwt. ...o 

..imported from any British possession, the cwt. . 0 

-of other sorts, the lb. «ff... 0 

■-Extract of, or of other Vegetable Substances, to be used only for tanning 

leather, imported from any British possession, the cwt. . 0 0 1 

-Bark or any Solid Vegetable Extract to be used solely for the purpose 

of tanning leather, from New South Wales, or its dependencies,—or 
Norfolk Island,—or Van Diemen’s Land,—or New Zealand, (on the 
production of a certificate of the growth,) until the 1st Jan. 1833. 

(See page 499.)... Free. 

Barwood, the ton. q 7 q 

Basket Rods, the bundle not exceeding three feet in circumference at the 

band^T.. 0 1 0 

Baskets, for every 100/. of the value .20 0 0 

Bast Ropes, the cwt.... 0 jq 0 

-or Straw Hats or Bonnets, see Hats. 

-Platting or other manufactures of Bast or Straw for making 

Hats or Bonnets, see Platting. 

Bdellium, the lb. 0 1 

Beads, Amber, the lb. 0 12 

- Arango, for every 100/. of the value.20 0 

- Coral, the lb. 0 15 

-Crystal, the 1000 . 1 g 

- Jet, the lb.. 0 3 

- not otherwise enumerated or described, for every 100/, of the value.. .30 0 

Beans, Kidney or French Beans, the bushel. 0 0 

Beef, Salted,** the cwt. f. 0 12 

Beef-wood, unmanufactured, imported from New South Wales, the ton .... 0 5 

Beer, viz.—Mum, the barrel containing 32 gallons. 3 1 

- Spruce, the barrel containing 32 gallons.3 (j 

- or Ale, of all other soit-s, the barrel containing 32 gallons.2 13 

Benjamin or Benzoin, the cwt. . 0 4 

Berries, the cwt. ^. 4 . 0 2 

Bezoar Stones, the oz. 0 2 

Birds, viz. Singing Birds, the dozen. 0 8 

Bitumen Judiacum, the cwt. . 0 4 

Blacking, the cwt. 3 12 

Bladders, the dozen. 0 0 

Blubber, see Train Oil, in Oil. 

Bole Armenic, or Armenian Bole, the cwt... 0 

Bones of Cattle and other Animals, and of Fish, (except Whale Fins,) for 

every 100/. of the value. 1 

Bonnets, see Hats. 

Books, being of editions printed prior to the year 1801, bound or unbound, 

the cwt. 1 

- being of editions printed in or sinee the year 1801, bound or unbound, 

the cwt. 5 0 0 


8 

0 

0 

10 

6 

2 

0 

10 

0 

0 

1 

0 

0 

0 

0 

6 

0 

0 

0 

6 


8 0 
0 0 


0 0 


To prevent Foreign Books and Maps, the property of individuals, from 
being charged with duty more than once, the proprietor shall on each 
importation subsequent to the original one, make [a Declaration] that 
the duties were paid thereon on their original importation, or that he 
purchased them in this country in a fair way of trade; that such are 
the same he exported from thence, and are now brought back for his pri¬ 
vate use, and not for sale in this country.—Treas. Order, 3 Oct. 1818. 

The permission to import into this country, for private use, English works, 
reprinted abroad, is to be confined to a single copy of each work, brought 
as part of a passenger’s baggage, and such permission limited to the in¬ 
troduction of books by passengers, for the private use of the parties them¬ 
selves.—Treas. Order, 29 June, 1830. 

Boots, Shoes, and Calashes, || viz.— 

- Women’s Boots and Calashes, the dozen pairs. 1 10 0 


f 7 & 8 Geo. IV. c. 56. (6 July, 1827.) § 1 & 2 Wm. IV. c. 16. § 5. (14 Dec. 1830.) 

2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) ** Not Corned Beef, see page 457. 

|| 10 Geo. IV. c. 43. (22 June, 1829.) 













































562 TABLE OF DUTIES. 

Boots, Shoes, and Calashes continued. £ s. d. 

.if lined or trimmed with Fur or other Trimming, the dozen 

pairs.... • • • 1 0 

- Women’s Shoes with Cork or Double Soles, quilted Shoes, and Clogs, 

the dozen pairs...• • • •. I 6 0 

.if lined or trimmed with Fur or other Trimming, the dozen 

pairs. 1 9 9 

-Women’s Shoes of Silk, Satin, Jeans, or other Stuffs, Kid, Morocco, or 

other Leather, the dozen pairs. 0 18 0 

.if trimmed or lined with Fur or other Trimming, the dozen 

pairs. 1 4 0 

- Children’s Boots, Shoes, and Calashes, not ex. 7 in. in length, to be 

charged with two-thirds of the above duties. 

- Men’s Boots, the dozen pairs... 2 14 0 

.Shoes, the dozen pairs. 1 4 0 

- Children’s Boots and Shoes, not ex. 7 in. in length, to be charged with 

two-thirds of the above duties. 

Boracic Acid, the cwt. . 0 4 0 

Borax or Tincal, viz.—Refined, the cwt. . 0 10 0 

- Unrefined, the cwt. . 0 4 0 

Botargo, the lb. 0 1 0 

Bottles, viz.—of Earth or Stone, empty, the dozen. 0 3 2 

.... and further, full or empty, the cwt. 0 5 0 

-of Glass, covered with wicker, the dozen quarts content. 1 2 0 

.... and further, for every cwt. 4 0 0 

-of Green or Common Glass, not of less content than one pint, and 

not being phials, viz.— 

.... full (if containing Wines or Spirits) the dozen quarts content. .040 

.... empty, the dozen quarts content. 0 2 0 

-of Green or Common Glass, full, (but not containing “ Wine or 

Spirits,”) computing all bottles of not greater content than half a 
pint as of the content of half a pint; and all bottles of greater 
content than half a pint, and not of greater content than a pint, or 
a reputed pint, as of the content of a pint, or of a reputed pint, viz. 

.... Imported from any foreign place, the dozen quarts content J . . 0 2 0 

.... Imported from any British Possession, and although containing 

-Wine or Spirits, the dozen quarts content J. 0 1 0 

-of Glass, not otherwise enumerated or described, for every 100/. 


.... and further for every cwt.4 0 0 

Note .—Flasks in which Wine or Oil is imported are not subject to duty. 

Boxes of all sorts, for every 100/. of the value .20 0 0 

Musical Boxes, Work Boxes, and Phosphorus Boxes, with Glass Bottles, 
to be charged as unrated manufactured articles, when imported in their 
whole and complete state, and not with separate rates of duty.—Cus. 

Min. 23 Oct. 1830, and 22 Jan. 1831. 

Boxwood, the ton *. 5 0 0 

-the Produce of, and imported from any British Possession, the ton *10 0 


■-Powder o? for Japanning, the lb.0 2 6 

-Wire, see Wire. 

Brazil Wood, the ton . 2 0 0 

Braziletto Wood,|| imported from a British Possession, the ton. 0 3 0 

-not so imported, the ton. 0 4 6 

Bricks, or Clinkers, the 1000. 1 2 6 

Bricks for building Churches or Chapels, see Churches. 

Brimstone, viz.—Rough, the cwt. 0 0 6 

-Refined, the cwt. 0 6 0 

—-in Flour, the cwt. 0 9 9 

Bristles, viz.—Rough and in the Tufts, and not in any way sorted, the lb. +.. 0 0 2^ 


and in the Tufts, the lb. f. 0 0 3^ 


* 7 Geo. iV. c. 48. (6 July, 1826.) f 7 & 8 Geo. IV. c. 56. (6 July, 1827.) 
+ 9 Geo. IV. c. 76. (11 Aug. 1828.) || 10 Geo. IV. c. 43. (22 June, 1829.) 

•If 2 & 3 Win. c. 84. (4 Aug. 1832.) 




















































TABLE OF DUTIES. 563 

£. s. <L 

Brocade of Gold or Silver, for every 100/. of the value..30 0 0 

Bronze, all works of Art made of Bronze, the cwt. 1 0 0 

—■ Powder, for every 100/. of the value.25 0 0 . 

Works of Art giade of Bronze on Marble Pedestals, to pay duty as bronze 
on the weight of the whole.—Treas. Order, 24 Nov. 1824. 

Buck Wheat, see Corn, page 686. 

Bugles, the lb. J. 0 2 0 

Bullion, and Foreign Coin, of Gold or Silver, and Ore of Gold or Silver, or of 

which the major part in value is Gold or Silver. Free. 

Bull Rushes, the load of 63 bundles. 0 12 0 


Dimensions to be taken with a piece of cord tight round the bundle at 20 


inches from the root.—Cus. Min. 18 April, 1825. 

Burrachas, see Caoutchouc. 

Burrs, for Millstones, see Stones. 

Butter, the cwt.. 1 0 0 

Buttons, for every 100/. of the value.20 0 0 

CABLES, tarred or untarred, whether in use or otherwise, the cwt. ..010 9 


such ship, and in the actual use of the same, and not otherwise 

disposed of. Free. J 

-If otherwise disposed of, for every 100/. of the value. |.20 0 0 

Calamus Aromaticus, the lb. 0 0 10 

Calashes, see Boots. 

Calicoes, see Cotton Manufactures. 

Calves Velves, the cwt. 0 11 6 * 

Cambogium, see Gamboge. 

Cambrics, see Linen. 

Camomile Flowers, the lb. . 0 0 3 

Camphor, viz.—Refined, the cwt. •[[.2 0 0 

-Unrefined, the cwt. . 0 1 0 

Camwood,, the ton . 0 5 0 

Cancrorum Oculi, the lb. 0 1 3 

Candles, viz.—Spermaceti, the lb. 0 2 6 

- Tallow, the cwt. 3 3 4 

- Wax, the lb. 0 2 6 

Candlewick, the cwt. 4 8 8 

Canella Alba, the lb. *. 0 0 1 

Canes, viz.— 

- Bamboo, the 1000 . 1 14 0 

- Rattans, not ground, the 1000 . 1 0 0 

- Reed Canes, the 1000 . 1 6 6 

- Walking Canes or Sticks, mounted, painted, or otherwise ornamented, 

for every 100/. of the value..'.30 0 0 

- Whangees, Jumboo, Ground Rattans, Dragon’s Blood, and other 

Walking Canes or Sticks, the 1000 . 4 0 0 

Cantharides, the lb. . 0 1 0 

Caoutchouc, or Elastic Gum, the cwt. .* 0 1 0 

Capers, including the Pickle, the lb. ||. 0 0 6 

Capita Papaverum, the 1000. 0 3 6 

Capsicum, see Pepper. 

Cardamoms, the lb. . 0 1 0 

-Extract or Preparation of, see Extract. 

Cards, viz. Playing Cards, the dozen packs. 4 0 0 

Cariophyllorum Cortex, see Bark. 

-Oleum, see Oil of Cloves, in Oil. 

Carmine, the oz. . 0 0 6 

Carrahe, see Succinum. 

Carriages of all sorts, for every 100/. of the value.30 0 0 

Casks, empty, for every 100/. of the value.50 0 0 


Empty Barrels of British manufacture are allowed to be delivered into craft 
alongside the importing vessel, a duty free entry being first passed, and 
proof made by the importer that the barrels had been exported by him 


* 7 Geo. IV. c. 48 (6 July, 1826.) f 9 Geo. IV. c 76. (11 Aug. 1828.) 

|| 10 Geo. IV. c. 43 (22 June, 1829.) f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832 ) 

2 o 2 





















































564 TABLE OF DUTIES. 

£. a. d. 

with merchandise, and are now returned to him his property; the officers 
taking care that the barrels are empty, and correspond with the entry.— 

Cus. Min. 22 June, L829. 

Cassia Buds, the lb. 0 1 0 

-Fistula, the lb. 0 0 10 

-Lignea, the lb. 0 1 0 

.imported from any British Possessions, the lb. ||. 0 0 6 

Castor, the lb. . 0 0 6 

Casts of Busts, Statues, or Figures, the cwt. 0 2 6 

Catechu, see Terra Japonica. 

Catlings, Harpstrings, or Lutestrings, the gross, containing 12 dozen knots. 0 6 4 

Caviare, the cwt. 0 12 0 

Cedar Wood, the ton *... 2 10 0 

-imported from any British Possession, the ton|. 0 10 0 

Ceiba Tree Cotton, or Silk Cotton, see Cotton. 

Chalk, viz.—prepared, or otherwise manufactured, and not otherwise enume¬ 
rated or described, for every 100/. of the value. 40 0 0 

-unmanufactured, and not otherwise enumerated or described, for every 

100 /. of the value. 20 0 0 

Charts, see Maps. 

Cheese, the cwt. 0 10 6 

Cherries, the cwt... 0 18 8 

- Dried, the lb. 0 0 8 

Chicory, roasted or ground, the lb. *f[. 0 0 6 

Chillies, see Pepper. 

China Root, the lb. . 0 0 3 

Ware, or Porcelain, viz. plain, for every 100/. of the value.15 0 0 

.... painted, gilt, or-ornamented, for every 100 /. of the value.30 0 0 

Small quantities of China, and other articles of trifling value, the produce 
and manufacture of China and the East Indies, may be imported by pas¬ 
sengers from the continent with their baggage, on payment of the proper 
duties, and a fine proportionate to the value of the article.—Cus. Min. 

29 Sept. 1827. 

Chip, Manufactures of, to make Hats or Bonnets, see Platting. 

Chocolate and Cocoa Paste, viz.— 

-Cocoa Paste, the produce of, and imported from, any British 

Possession, the lb. •[[ . 0 0 4 

• ■ - - ■ Chocolate, the produce of, and imported from, any British Pos¬ 
session, the lb. 0 1 9 

-Chocolate and Cocoa Paste, the produce of any other place, or if 

otherwise imported, the lb. 0 4 4 

Chromate of Lead, the lb. 0 2 0 

Churches.—Stone, Slate, Bricks, Timber, or other materials, bond Jide pro¬ 
cured for and used in the building, rebuilding, or enlarging of any 
Churches and Chapels, under the provisions of the acts 58 Geo. III. 
c. 45.; 59 Geo. III. c. 154.; and 3 Geo. IV. c. 72. § 27. The 
duties of Customs and Excise, or any proportion thereof, chatgeable 
upon the articles aforesaid, may be remitted, drawn back, or repaid 
by the Commissioners of the Customs and Excise respectively, 
under the authority of the Lords of his Majesty’s Treasury, subject 
to such regulations and restrictions as shall be directed by their 
Lordships—59 Geo. III. c. 134.; 3 Geo. IV. c. 72. § 27. 


Cinders, the ton. 2 0 0 

Cinnabaris Nativa, the lb. . 0 0 1 

Cinnamon, the lb. j|. 0 1 0 

-the produce of, and imported from any British Possession, the 

lb II. 0 0 6 

Citrat of Lime, the lb. <^[. 0 q 2 

Citric Acid, the lb. *f[. 0 q g 

Citron, preserved with Salt, for every 100/. of the value ..20 0 0 


-Water, see Spirits. 

Civet, the oz. 0 4 9 

Clinkers, see Bricks. 


* 7 Geo. IV. c. 48. (6 July, 1826.) 
|| 10 Geo. IV. c. 43. (22 June, 1829.) 


t 9 Geo. IV. c. 76. (11 Aug. 1828.) 

2 & 3 Win. IV. c. 84. (4 Aug. 1832.) 

















































TABLE OF DUTIES. 565 

£. 9 . A. 

Clocks, for every 100/. of the value.25 0 0 


Clocks and Watches for private use, not being marked in the manner above 
required, may be admitted until further orders, on payment of the proper 
duty, upon the party making affidavit of his entire ignorance of the law 
in question at the time he purchased the Clocks and Watches, and that 
they are for his own private use.—Treas. Order, 4 Sept. 1828. 

Picture Clocks with Gilt Frames, in a complete state, to be admitted to 


entry as unrated manufactured articles.—Cus. Min. 20 Oct. 1830. 

Cloves, the lb. 0 3 0 

-imported from any British Possession in Asia, Africa, or America, 

the lb.^[. 0 2 0 

Coals, the ton. 2 0 0 

Cobalt, the cwt. . 0 1 0 

Cochineal, the lb. *. 0 0 6 

-Dust, the lb. *. 0 0 2 

-the produce of, and imported from, any British Possession, the lb. * 0 0 2 

.Dust, the lb. *... 0 0 1 

Cocoa Nuts, the lb. . 0 0 6 

-the produce of, and imported from any British Possession, the lb.*j| 0 0 2 

-Husks and Shells, the lb. ®[[. 0 0 1 

-Paste, see Chocolate. 

Coculus Indicus, the lb. 0 2 6 

-Extract or Preparation of, see Extract. 

Cocus Wood, the produce of,* and imported from, any British Possession, 

the ton. 0 3 0 

Codilla, see Flax. 

Coffee, the lb. *. 0 1 3 

-the produce of, and imported from, any British Possession in Ame¬ 
rica, the lb. *.. 0 0 6 

-the produce of, and imported from, Sierra Leone, the lb. *. 0 0 9 

-imported from any British Possession within the limits of the East 

India Company’s Charter, the lb. *. 0 0 9 

-— imported from any other place within the limits of the East India 

Company’s Charter, the lb. * . 0 1 0 

Drawback on Coffee to the Isle of Man , the lb. 0 0 4 


See 7 Geo. IV. c. 48. $ 11. page 680. {—extended by Treas. Order, 25 May, 


1827, to Roasted Coffee. 
Coin, viz. of Copper, see Copper. 


Coker or Coco Nuts, see Nuts. 

Colocynth, the lb. . 0 0 2 

Columbo Root, the lb. . 0 0 2 

Comfits, the lb. . 0 1 0 

Copper, viz.— 

-Ore, the cwt. .... 0 12 0 

.... the produce of, and imported from, any British Possession in 

America, the ton. . 1 0 0 

-old, fit only to be re-manufactured, * the cwt. 0 15 0 

-in Plates, and Copper Coin, the cwt. 1 10 0 

-unwrought, viz. in Bricks or Pigs, Rose Copper, and all cast Copper, 

the cwt. 1 7 0 

-in part wrought, viz. Bars, Rods, or Ingots, hammered or raised, the 

cwt... 1 15 0 

-Wire, see Wire. 

-Manufactures of, not otherwise enumerated or described, and 

Copper Plates engraved, for every 100/. of the value.30 0 0 


the limits of the East India Company’s Charter, viz.: 

.Ore, the cwt. 0 1 0 

old, fit only to be remanufactured, the cwt. 0 9 2 

.in Plates, and Copper Coin, the cwt. 0 15 0 

.unwrought, viz. in Bricks or Pigs, Rose Copper, and all cast 

Copper, the cwt. 0 9 2 






























































TABLE OF DUTIES 


566 

Copper continued. £. a. d. 

..in part wrought, viz. Bars, Rods, or Ingots, hammered or 

raised, the cwt. 1 11 3 

..Manufactures of, not otherwise enumerated or described, 

and Copper Plates engraved, for every 100/. of the value . .30 0 0 

Old Copper Sheathing and Old Copper Utensils returned to this Kingdom 
from the British Plantations, and also old Copper stripped off vessels in 
ports in the United Kingdom, may be admitted to entry, duty free, under 
the following regulations and conditions, viz.— 

1st. Old Copper Sheathing stripped off a British vessel in a port in a 
British Possession, and brought in such vessel, upon the master of 
the vessel making proof to the fact that the Copper had been strip¬ 
ped off in a British port abroad. 

2d. Old Copper Sheathing of British ships stripped off in ports in the 
British Possessions, but not brought in such ships ; upon the pro¬ 
duction of certificates from the principal officers of this revenue in 
the said Possessions, that such Copper had been stripped off such 
vessels in their ports. 

3d. Old Copper Sheathing stripped off any ship in ports in the United 
Kingdom, upon the fact being certified by the landing waiter super¬ 
intending the process. 

In all three cases, the old Copper to be delivered only to the 
coppersmith, who may re-copper the vessel from which the Copper 
was stripped, he making proof to that fact, and 

4th. That old worn-out British Copper Utensils be in all cases delivered 
when brought from British Possessions abroad in British ships, 
upon the consignee submitting proof that they had been used on a 
particular estate, and are consigned to him on account of the 
owner of that estate, and that he (the consignee) verily believes 
them to have been of British manufacture.—Cus. Min. 17 l)ec. 

1828. 

The above indulgence is extended to British vessels, from which the 
Copper may have been stripped in a foreign port, provided they 
come to this country to be re-coppered, and bring the old Copper 
with them.—Treas. Order, 24 July, 1829. 

The Order of 17 July, 1828, extended to such old vessels as are manufac¬ 


tured from Copper and Pewter, of which those usually returned from the 
West Indies are usually composed. Cus. Min. 10 Aug. 1832. 

Copperas, viz.—Blue, the cwt. 0 5 0 

-Green, the cwt. 0 5 0 

-White, the cwt. 0 12 0 

Coral Beads, see Beads. 

-in Fragments, the lb. 0 1 0 

-Whole, polished, the lb. 0 12 0 

.unpolished, the lb. 0 5 6 

.of British fishing or taking, the lb. 0 0 6 

Cordage, tarred or untarred, whether in use or otherwise, (standing or run¬ 
ning rigging in use excepted,) the cwt. 0 10 9 

-in use of any British ship, and being fit and necessary for such 

ship. Free I 

.if otherwise disposed of for every 100 /. of the value. J ... 20 0 0 

Cordial Waters, see Spirits. 

Cork, the cwt. 0 8 0 

Corks ready made, the lb. 0 7 0 

Corn. See the 9 Geo. IV. c. 60.—Page 686 . 

Cornu Cervi Calcinatum, the lb. 0 0 8 

Costus, the lb. 0 1 0 

Cotton, viz.—Manufactures of, for every 100/ of the value.10 0 0 

-Articles of Manufactures of Cotton, wholly or in part made up, not 

otherwise charged with duty, for every 100 /. of the value. *. 20 0 0 


This includes Cotton Gloves, instead of the rated duty under the head 
of Gloves. Cotton Stockings are also to pay this duty.—Cus. Min. 22 
May, 1830. 

Ceiba Tree Cotton, or Silk Cotton, imported from any British Pos¬ 


session, the cwt. X . 0 0 4 

-Wool, or Waste of Cotton Wool, see Wool. 

Couhage, or Cowitch, the lb. 0 1 3 

Cowries, for every 100/. of the value.20 0 0 

Cranberries, the gallon. . 0 0 1 

Crayons, for every 100/. of the value.40 0 0 


* 7 Geo. IV. c. 48. (6 July, 1826.) % 9 Geo. IV. c. 76. § 12. (11 Aug. 1828.) 

^ 2 & 3 Wm. IV 84. (4 Aug. 1832.) 







































TABLE OF DUTIES. 


507 


£. s. d. 

Cream of Tartar, the cwt. . 0 2 0 

Crystal, viz. Beads, see Beads. 

-Rough, for every 100/. of the value.20 0 0 

-Cut, or in any way manufactured, for every 100/. of the value.30 0 0 

Cubebs, the lb. ... 0 0 6 

Cucumbers, viz.—Pickled, including Vinegar, the gallon.0 3 0 

-[(reserved in Salt and Water, for every 100/. of the'value.20 0 0 

Culm, the ton. 2 0 0 

Currants, the cwt. 2 4 4 

Tare on Currants in casks.—From Zantel3, Leghorn 10, Trieste 10 per cent, 
with liberty to the merchant and to the officers to have an actual taring 
when either of them shall be dissatisfied.—Cus. Min. 3 April, IB 16. 

Cuttle Shells, the 1000 .... 0 12 6 

DAMASK Tabling, Towelling, or Napkining, see Linen. 

Dates, the cwt .^jy.0 10 0 

Derelict. Foreign Liquors, Derelict, Jetsam, Flotsam, Lagan, or Wreck, 
brought or coming into Great Britain or Ireland, are subject to the 
same duties as Liquors of the same kind regularly imported. 

%* Extended to all goods, and to the Isle of Man.—See page 455, and 
page 497.* 

Diagrydium, see Scammony. 

Diamonds... Free. 

Diaper Tabling, Towelling, or Napkining, see Linen. 

Dice, the pair. 1 6 2 

Dittany, the lb. 0 1 0 

Down, the lb. 0 1 3 

Dragon’s Blood, see Sanguis Draconis. 

Drugs, not particularly charged in this or any other act, the cwt. ...0 10 0 

Dust, perfumed, see Powder. 

EARTHENWARE, not otherwise enumerated or described, for every 100/. 

of the value.15 0 0 

Ebony, the ton *.10 0 0 

-the produce of, and imported from any British Possession, the ton *.015 0 

-Green Ebony, the produce of, and imported from any British Pos¬ 
session, the ton... 0 3 0 

Eels, see Fish. 

Eggs, the 120. 0 0 10 

Elastic Gum, sec Caoutchouc. 

Embroidery and Needlework, for every 100/. of the value.30 0 0 

Emery Stones, see Stones. 

Enamel, the lb. 0 7 2 

Essence, viz.—of Bergamot or Lemon, see Oil Essential. 

-of Spruce, for every 100/. of the value.20 0 0 

-not otherwise enumerated or described, the lb.0 4 6 

Ether, imported from Guernsey, Jersey, Alderney, Sark, or Man, is to pay 
20$. per gallon, (being equivalent to the Excise duty on two and one- 
half gallons of British proof spirit, the estimated quantity requisite 
for the manufacture of one gallon of Ether.)—Cus. Min. 8 May, 1830. 

Since this order was issued, the Excise duty on Spirits has been fixed by 
the Act 1 Wm. IV. c. 49. at 7s. 6 d. per gallon j consequently the duty on 
a gallon of Ether will be but 18$. 9rf. 

Euphorbium, the cwt. . 0 6 0 

Extract, or Preparation of, Cardamoms, Cocculus Indicus. Guinea Grains, 

Grains of Paradise, Liquorice, or Nux Vomica, for 

every 100/. of the value.75 0 0 

■■■ - of Bark, or of other Vegetable Substances, to be used for tanning 

Leather, and for no other purpose whatever, the cwt. 0 3 0 

.For Tanners only, imported from any British Posses¬ 
sion, the cwt. . 0 0 1 

.the produce of New South Wales and its depen¬ 
dencies, &c. imported direct from thence, until 1 st 
Jan. 1833. (see page 499 ). Free. 


* 7 Geo. IV. c. 4* (6 July, 1826.) f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 









































TABLE OF DUTIES. 


568 


Extract continued. £. s. d. 

-of Opium and Guinea Pepper, for every 1004 of the value.25 0 0 

-Peruvian or Jesuits’ Bark, the lb. 0 5 0 

-Quassia, for every 1004 of the value.50 0 0 

-Radix Rhatanise, the lb. 0 5 0 

-Vitriol, for every 1004 of the value .25 0 0 

-of any article, not being particularly enumerated or described, nor 

otherwise charged with duty, for every 1004 of the value20 0 0 

FEATHERS, for beds, in beds or not, the cwt. 2 4 0 

- - - ■— Ostrich, dressed, the lb. 1 10 0 

...... undressed, the lb. 0 10 0 

-not otherwise enumerated or described, viz. dressed, for every 1004 

of the value. 20 0 0 

.undressed, for every 100 /. of the value. 10 0 0 

Figs, the cwt... 1 1 6 

Filtering Stones, see Stones. 

Fish, viz.—Eels, the Ship’s lading. 13 1 3 

-Fresh Fish, British taken, and imported in British Vessels. Free. 

-of British taking and curing, imported in British Ships. Free. 

Note .—It has been decided that Fish taken by natives of India under British ' 

Dominion Is admissible duty free. 

See Note under Train Oil in Oil. 

—— Lobsters. Free. 

-Oysters, the bushel. 0 1 6 

-Stock Fish, the 120 . 0 5 0 

-Sturgeon, the keg, containing not more than 5 gallons. 0 9 0 

-Turbots. . Free. 

Fishing Nets, old, see Rags. 

Flasks, see Bottles. 

Flax, and Tow or Codilla, of Hemp or Flax, whether dressed or undressed, 

the cwt. 0 0 1 

- - the growth or produce of New South Wales, or its dependencies, or of 

Norfolk Island, &c. imported direct from those places respectively, until 

the 1st Jan. 1833. (see page 499.). Free. 

Flint Stones, for Potters, see Stones. 

Flocks, the cwt..0 19 0 

Flotsam, see Derelict. ^ 

Flower Roots, for every 1004 of the value.20 0 0 

Flowers, Artificial, not made of silk, for every 1004 of the value.25 0 0 

Fossils, not otherwise enumerated or described, for every 1004 of the value .20 0 0 


Frames for Pictures, Prints, or Drawings, for every 1004 of the value.20 0 0 

Frankincense, see Olibanum. 

Furriers’ Waste, for every 1004 of the value *.. 0 0 

Furs, see Skins. 

Fustic, the ton ... 4 6 

-imported from any British Possession, the ton J. 0 3 0 

GALANGAL, the lb. 0 0 6 

Galbanum, the lb. 0 1 4 

Galls, the cwt. .[ 0 2 0 

Gamboge, the cwt. .* q 4 q 

Garnets, viz.—cut, the lb. ( j Iq q 

- rough, the lb.] 0 10 0 

Gauze of Thread, for every 1004 of the value. ...30 0 0 

Gentian, the cwt. .* * * q 4 0 

Ginger, the cwt. 2 13 0 

-preserved, the lb.’ * ’ q 3 2 

-the produce of, and imported from,* any British Possession the cwt. 0 11 6 

.preserved, the lb... 0 0 3 

Ginseng, the cwt. . 0 4 0 


* 7 Geo. IV. c. 48. (6 July, 1 826.) J 9 Geo. IV. c. 76. (11 Au-r 1828 1 

f 2 & 3 Win. IV. c. 84. (4 Aug. 1832.) J 

































































TABLE OF DUTIES. f>69 

£. s. d. 

Glass, viz.—Crown Glass, or any kind of Window Glass, (not being Plate, 

or German Sheet Glass,) the cwt... 8 6 8 

- German Sheet Glass, the cwt.10 0 0 

-Plate Glass, superficial measure, viz. not containing more than 9 square 

feet, the square foot. 0 6 0 

.containing more than 9 square feet and not more than 14 

square feet, the square foot. 0 8 0 

.containing more than 14 and not more than 36 square 

feet, the square foot. 0 9 6 

.containing more than 36 square feet, the square foot.... 0 11 0 

-Manufactures of, not otherwise enumerated or described, and old broken 

Glass fit only to be remanufactured, for every 100/. of the value ... .20 0 0 

.and further, the cwt. .. 7. 4 0 0 

Toy and other Mirrors, not exceeding 6 inches, if angular,—and 6 inches 
in diameter, if circular, are in future to pay the ad valorem duty of 20 per 
cent.; and if exceeding such dimensions to be entered at the duty payable 
on “ Plate Glass.”—Cus. Min.7 June, 1832. 

Glovers’ Clippings, fit only to make Glue, the cwt.:.0 4 9 

Gloves, viz.—Men’s Gloves, the dozen pair. 0 5 0 

-Women’s Gloves or Mitts, ditto. 0 7 0 

-Habit Gloves, ditto.0 4 0 

Woollen and Linen Gloves are to be admitted at the ad valorem duties on 
Woollen and Linen Manufactures respectively.—Treas. Order, 3 Dec. 

1830. 

Glue, the cwt. 0 12 0 

Grains, viz.—Guinea Grains, the lb. 0 2 0 

-of Paradise, the lb. 0 2 0 

.Extract of, see Extract. 

Granilla, the lb. . 0 0 2 


-Rape of, see Rape of Grapes. 

Grease, the cwt...0 1 8 

The packages containing this article are to be carefully examined, and 
should it not appear to be the fat of animals, but deteriorated butter, it 
must not be delivered until a pint of tar for every cwt. be mixed there¬ 
with, at the expense of the importer, so as to render it unsaleable as 
butter. —Treas. Order, 6 Sept. 1821 j and Cus. Min. 3 Feb. 1832. 

Greaves, for Dogs, the cwt. 0 2 0 

Gum, viz.— 

- Animi, Copal, Arabic, Senegal, Tragacanth, Lac Dye, Shell Lac, 

Storax, and other Gum, not otherwise charged in this act, the cwt.^[. 0 6 0 

Gunpowder, the cwt.3 0 0 

Gypsum, the ton..... 1 11 8 

- the produce of, and imported from, any British Possession, the ton. 0 13 

HAIR, viz.—Camels’ Hair or Wool, the lb.0 0 1 

—-the produce of, and imported from, any British Possession .. Free. 

- Cow, Ox, Bull, or Elk Hair, the cwt. . 0 0 6 

—— Goats’Hair, see Wool. 

- Hats made of Hair, see Hats. 

- Horse Hair, the cwt. J. f . 0 0 6 

- Human Hair, the lb. J. 0 1 0 


Manufactures of Hair or Goats’ Wool, or of Hair or Goats’ Wool and 
any other material, not particularly enumerated, or otherwise charged 


- Articles of Manufactures of Hair or Goats’ Wool, or of Hair or Goats’ 

Wool and any other material, wholly or in part made up, not other¬ 
wise charged with duty, for every 100/. of the value *.30 0 0 

Hams, the cwt. I 8 0 

Harpstrings, see Catlings. 

Ilats, viz.—Bast, Chip, Cane, or Horse Hair, Hats or Bonnets, each Hat or 

Bonnet not exceeding 22 inches in diameter, the dozen . 1 0 0 

.exceeding 22 inches in diameter, the dozen. 2 0 0 


* 7 Geo. IV. c. 48. (6 July, 1826.) X 9 Geo. IV. c. 76. (11 Aug. 1828.) 

2 & 3 Win. IV. c. 84. (4 Aug. 1832.) 














































TABLE OF DUTIES 


570 

continued. £. s. d. 

-Straw Hats or Bonnets, each Hat or Bonnet not exceeding 22 inches in 

diameter, the dozen.3 8 0 

..exceeding 22 inches in diameter, the dozen . 6 16 0 

Straw Ornaments, viz.—Straw Bands and Flowers, and Straw Gauze, (fit 
for ornaments only and not for making Hats or Bonnets,) to be entered 
as manufactured goods not otherwise enumerated.—Treas. Order, 25 
June, 1819. 

-made of, or mixed with Felt, Hair, Wool, or Beaver, the Hat. 0 10 6 

Ilay, the load, containing 36 trusses, each truss 56 lbs... 1 4 0 

Head Matter, see Train Oil, in Oil. 

Heath, for Brushes, the cwt. 0 9 2 

Helebore, the lb. .0 0 1 

Hemp, viz.—Dressed, the cwt. 4 15 0 

-Rough or Undressed, or any other vegetable substance of the nature 

and quality of undressed Hemp, and applicable to the same pur¬ 
poses, the cwt. . 0 0 1 

.the produce of, and imported from,* any British Possession . Free. 

.the produce of, and imported from,* New Zealand, until the 

1st Jan. 1833. Free. 

Hides, viz.—Horse, Mare, Gelding, Buffalo, Bull, Cow, or Ox Hides, in the 
hair, not tanned, tawed, curried, or in any way dressed, viz.— 

.Dry, the cwt. 0 4 8 

.Wet, the cwt. 0 2 4 

-- the produce of, and imported from, the West Coast of 

Africa, not exceeding 14 lb. weight each Hide, the cwt. J 0 2 4 

Note .—Hides of and from Tangiers are considered to be imported from the 
west coast of Africa, and liable to duty accordingly.—Cus. Min. 11 May, 

1826. 

<-the produce of, and imported from any British Possession, 

viz.—Dry, the cwt...0 2 4 

.Wet, the cwt. 0 l 2 

-Tanned, and not otherwise dressed, the lb. J. 0 0 6 

.the produce of, and imported from any British Posses¬ 
sion, the lb. J ... 0 0 3 

.Cut or trimmed, the lb. J. 0 0 9 

.... the produce of, and imported from any British 

Possession, the lb. J. 0 0 4^ 

-Hides and Pieces of Hides tawed, curried, or in any way dressed, 

the lb. 1 . 0 0 9 

.the produce of, and imported from any British Posses¬ 
sion, the \b.l . 0 0 4J 

.... Cut or trimmed, the lb. 0 1 2 

.... the produce of, and imported from any Bri¬ 
tish Possession, the lb. J.. 0 0 7 

-Losli, the lb..... 0 1 8 

—-— Muscovy or Russia Hides, tanned, coloured, shaved, or otherwise 

dressed, the Hide |j.0 5 0 

.pieces, tanned, coloured, shaved, or otherwise dressed, 

the lb. ||. 0 2 6 

-Hides or Pieces of Hides, raw or undressed, not particularly enu¬ 
merated or described, nor otherwise charged with duty, imported 
from any British Possession in America, for every 100/. of the value 5 17 6 


rated or described, nor otherwise charged with duty, for every 100 /. 


Hides, or Pieces of Hides, tanned, tawed, curried, or in any way 


Hones, the 100. 13 0 

Honey, the produce of, and imported from any British Possession, the cwt. *050 

-the produce of any other place, the cwt. 0 15 0 

Hoofs of Cattle, for every 100/. of the value <[[. 1 o 0 


* 7 Geo. IV. c. 48. (6 July, 1826.) 
[I 10 Geo. IV. c. 43. (22 June. 1829A 


X 9 Geo. IV. c. 76. (11 Aug. 1828.) 

2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 























































TABLE OF DUTIES. 


571 


£. s. <t. 


Hoops, of Iron, the cwt.. 1 3 9 

--■ of Wood,11 not exceeding 6 feet in length, the 1000 .. 0 5 0 

---exceeding 6 feet, and not exceeding 9 feet, the 1000. 0 7 6 


-exceeding 12 feet, and not exceeding 15 feet, the 1000 ... 0 12 6 

---exceeding 15 feet in length, the 1000. 0 15 0 

See 10 Geo. IV. c. 43. § 15, page 655. 

Hops, the cwt. 8 11 0 

Horns, Horn Tips, and Pieces of Horns, not otherwise enumerated or charged 

with duty, the cwt. 0 2 4 

Horns of Cows and Oxen are chargeable with duty, whether attached to the 
Hide or otherwise.—Cus. Min. 21 March, 1800. 

Horses, Mares, or Geldings, each. 1 0 0 

Hulled Barley, see Barley. 

Hungary Water, see Spirit. 


INDIA RUBBER, see Caoutchouc. 

Indigo the lb. .. 0 0 ^4 

■-- Produce of, and imported from* any British Possession, the lb. ... 0 0 3 

Ink, for Printing, the cwt. . 0 10 0 

Inkle, viz.—Unwrought, the lb. ...'.... 0 0 10 

- Wrought, the lb. 0 5 2 

Iris, see Orrice Root. 

Iron, viz.— in Bars, or unwrought, the produce of any British Possession 

aud imported from thence, the ton. 0 2 6 

.the produce of any other country, the ton . 1 10 0 

-slit, or hammered into rods, and Iron drawn or hammered, less than 

| inch square, the cwt. 0 5 0 

-Cast, for every 100/. of the value.10 0 0 

-Chromate of, the ton | j. 0 5 0 

-Hoops, see Hoops. 

—— old broken, and old cast Iron, the ton. 0 12 0 

-Ore, the ton. 0 5 0 

-Pig Iron, the ton.* 0 10 0 

.the produce of, and imported from any British Possession, 

the ton .. 0 1 3 

-Wire, see Wire. 

-Wrought, not otherwise enumerated or described, for every 100/. of the 

value. 20 0 0 

Isinglass, the cwt...2 7 6 

-the produce of, and imported from any British Possession, the cwt. 0 15 10 


JALAP, the lb. «f[. 0 0 6 

Japanned Ware, for everv 100/. of the value.20 0 0 

Jet, the lb. % ..'. 0 0 2 

-Beads, see Beads. 

Jetsam, see Derelict. 


Jewels, Emeralds, Rubies, and all other precious Stones, (except Diamonds,) 


viz.— 

.set, for every 100/. of the value.20 0 0 

.not set, for every 100/. of the value...10 0 0 

Jews’ Pitch, see Bitumen Judaicum. 

Juice of Lemons, Limes or Oranges, the gallon •[[... 0 0 0^ 


Junk, old Junk, see Rags, Old 
KELP, see Alkali. 

LAC, viz. Stick Lac, the cwt. . 0 1 0 


* 7 Geo. IV. c. 48. (6 July, 1826.) || 10 Geo. IV. c. 43. (22 June, 1829.) 

f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 















































572 


TABLE OF DUTIES. 


£. s. d. 

Lace, viz. Silk Lace, see Silk Manufactures. 

- Thread Lace, for every 100/. of the value...30 0 0 

Lacquered Ware, for every 100/. of the value.30 0 0 

Lagan, see Derelict. 

Lamp Black, the cwt. ... 1 0 0 

Lapis, viz.—Calaminaris, the cwt. 0 1 0 

--Lazuli, the lb... 0 3 2 

--Tuti®, the lb.... 0 0 8 

Lard, the cwt. 0 8 0 

Latten, viz.—Black, the cwt. . 0 4 0 

- Shaven, the cwt. . 0 6 0 

Lavender Flowers, the lb.0 0 10 

Lawns, see Linen. 

Lead, viz.—Black, the cwt. 0 4 0 

- Chromate of Lead, the lb.0 2 0 

- Ore, the ton J. 1 5 0 

- Pig, the ton. 2 0 0 

-Red, the cwt. 0 6 0 

lb» ■■■ . ■ ■ White, the cwt. 0 7 0 

Leaf Metal, (except Leaf Gold,) the packet, containing 250 leaves J.0 0 3 

Leather, viz. Pieces of Leather, or Leather cut into Shapes, or any article 
made of Leather, or any Manufacture whereof Leather is the most 
valuable part, not otherwise enumerated or described, for every 

100/. of the value .30 0 0 

Leaves of Gold, the 100 leaves. 0 3 0 

-of Roses, the lb. . 0 0 2 

Lemons, see Oranges. 

-Peel, the lb. 0 0 5 

-Preserved in Salt and Water, for every 100/. of the value.20 0 0 

.in Sugar, see Succades. 

Lentils, the bushel. 0 0 10 

Lichen Islandicus, see Moss. 

Lignum Quassia, see Quassia. 

- Rhodium, the cwt... 1 0 0 

-- Vit®, the ton *. 2 0 0 

-the Produce of, and imported from any British Possession, the 

ton*. 0 10 0 

Limes, Juice of, see Juice. 

Linen, or Linen and Cotton, viz.— 

-Cambrics and Lawns, commonly called French Lawns, the Piece not 

exceeding 8 yards in length, and not exceeding seven-eighths of a 
yard in breadth, and so in proportion, for any greater or less 
quantity. 

. Plain. 0 6 0 

.Bordered Handkerchiefs...0 5 0 

• -Lawns of any other sort, not French, viz.— 

.not containing more than 60 threads to the inch of Warp, the 

square yard. 0 0 9 

.containing more than 60 threads to the inch of Warp, the 

square yard. 0 1 0 

French Cambric Handkerchiefs are, in future, to be charged with duty of 
40 per cent, and not as Needle-Work.—Cus. Min. 4 Feb. 1830. 

Damasks, and Damask Diaper, viz.— 

.from the 5 Jan. 1832, to the 6 Jan. 1833, the square yard 0 2 3 

—- 1833,- 1834, ditto.0 2 1J 

-Drillings, Ticks, and Twilled Linens, viz.— 

• .from the 5 Jan. 1832, to the 6 Jan. 1833, the square yard 0 0 8 J 

- 1833, - 1834, ditto. 0 0 8 j 

-Sail Cloth, the square yard..... o o 7 A 

-Plain Linens, and Diaper, not otherwise enumerated or described, and 


* 7 Geo. IV. c. 48. (6 July, 1826.) + 9 Geo. IV. c. 76. (11 Aug. 1828.1 

«[ 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.1 
































































TABLE OF DUTIES. 


573 


Linen continued. 


■ not containing more than 20 threads to the inch 

of Warp, the square yard.. 

■ containing more than .,20 threads, and not more 

than 24 threads to the inch of Warp, the 
square yard.^,.,.... 

■ containing more than 24 threads, and not more 

than 30 threads to the inch of Warp, the 
square yard... 

■ containing more than 30 threads, and not more 

than 40 threads to the inch of Warp, the 

square yard ... 

containing more than 40 threads, and not more 
than 60 threads to the inch of Warp, the 

square yard.... 

• containing more than 60 threads, and not more 
than 80 threads to the inch of Warp, the 

square yard... 

containing more than 80 threads, and not more 
than 100 threads to the inch of Warp, the 

square yard. 

containing more than 100 threads to the inch 
of Warp, the square yard ... 


From the 

5 Jan.1332 
to the 

G Jan. 1833 : 

From the 

5 Jan.1833, 

to the 

6 Jhn 1831.1 

£ s. d. 

0 0 2 £ 

£ s. d. 

o o 211 

0 0 3| 

0 0 3_y 

0 0 4i 

0 0 4| 

0 0 4| 

0 o 4 T y 

0 0 9 

0 0 8 $ 

0 0 11 

0 0 101 . 

0 1 1 

0 1 01 

0 1 7\ 

0 1 6 | 


or, and instead of the duties hereinbefore imposed, upon Linen of all 
sorts, at the option of the importer, for every 100/. of the value... .40 


0 0 


Note .—No increased rate of duty to be charged on any Linen or Lawns, for any 
additional number of threads, not exceeding 2 threads, for such as are not 
of 30 threads to the inch, nor for any additional number of threads hot 
exceeding 5 threads, for such as are of 30 threads and upwards to the inch. 

-Sails, for every 100/. of the value... .30 0 0 

-in use of any British Ship, and being fit and necessary for such 

ship £.... Free. 

---if otherwise disposed of,** for every 100 /. of the value £..... .20 0 0 

-Manufactures of Linen, or of Linen mixed with Cotton or with Wool, 

not particularly enumerated or otherwise charged with duty, for 

every 100 /. of the value...25 0 ~ *0 

-Articles of Manufactures of Linen, or of Linen mixed with Cotton or 

with Wool, wholly or in part made up, not otherwise charged with 

duty, for every 1Q0/. of the value*...,40 0 0 

Samples of Foreign Linen may be taken out of warehouse without entry or 
payment of duty, upon condition that each piece of Linen be ; properly 
stamped by the examining officer, in ,order to preserve its identity, and 
that a general bond be given by each of the principal importers of Linen, 
to pay the duties on the samples taken out, or to return the same into the 


Warehpijse w|thin a prescribed time.—Cus. Min. 19 Sept. 1827. 

Linseed Calces, the cwt...0 0 2 

Liquorice Juice, or Succus Liquoritise, the cwt.... 3 15 0 

-Powder, the cwt..;.5 10 0 

-Root, the cwt.....vv ..3 3 4 

--Extract or Preparation of, see Extract. 

Liquors, Foreign Liquors, Derelict, &c , see Derelict. 

Litharge of Gold or Silver, the cwt..... 0 2 0 

Litmus, the cwt. 0 4 0 

Live Creatures, illustrative of Natural History . Free. 

Liverwort, see Lichen Islandicus, in Moss. 

Logwood, the ton...— .... 0 4 6 

-imported from any British Possession, the ton \ . 0 3 0 

Lupines, the cwt... 0 5 0 

Lutestrings, see Catlings. 


MACARONI, the lb. f . 0‘ 0 2 

Mace, the lb.. 0 4 6 


*7 


* 7 Geo. IV. c. 48. (6 July, 1826.) \ 9 Geo. IV. c. 76. (11 Aug. 1828.) 

** See page 506. f 2 & 3 Win. IV. c. 84. (4 Aug. 1832.) 
















































TABLE OF DUTIES. 


574 

Mace continued. , . £. ». d. 

-imported from any British Possession within the limits of the East 

India Company’s Charter, the lb. *. 0 3 6 

-the produce of, and imported from any other British Possession, the lb. 0 3 6 

Madder, the cwt. 0 6 0 

- Root, the cwt. 0 1 6 

Magna Grsecia Ware, for every 100/. value. 5 0 0 

Mahogany, the ton *. 7 10 0 

-— imported from any British Possession, the ton . 4 0 0 

-imported from the Bay of Honduras, in a British Ship cleared out 

from the Port of Belize, the ton^[. 1 10 0 

Note .—Having been warehoused in any free port in the West Indies, see 
page 506. 

Manganese Ore, the ton . 0 10 0 

Mangoes, the gallon. 0 6 0 

Manna, the lb. . 0 0 3 

Manuscripts, the lb. ... 0 0 2 

Maps or Charts, plain or coloured, each Map or Chart or part thereof.0 0 6 

Maps and parts of Maps bound together as Books, see note under Prints. 

. Marble, see Stone. 

Marbles for Children, see Toys. 

Marmalade, the lb... 0 1 3 

-the produce of and imported from* any British Possession, the lb. 0 0 3 

Mastic, the cwt. . 0 6 0 

Mats, of Russia, the 100. 1 3 9 

- imported from any British Possession, for every 10C/. of the value J... 5 0 0 

- not otherwise enumerated, or described, for every 100 /. of the value. .20 0 0 

Matting, for every 100/. of the value.20 0 0 

-imported from any British Possession, for every 100/. of the value J 5 0 0 

Mattresses, for every 100 /. of the value. 20 0 0 

Mead, or Metheglin, the gallon. 0 6 7 

Medals of Gold or Silver. Free. 

--of any other sort, for every 100/. of the value .. 5 0 0 

Medlars, the bushel . 0 1 0 

Melasses, the cwt. 1 3 9 

-the produce of, and imported into the United Kingdom from any 

British Possession, the cwt.**. 0 9 0 

Melting Pots, for Goldsmiths, see Pots. 

Mercury, prepared, for every 100/. of the value.30 0 0 

Metal, viz.— Bell Metal, the cwt. 10 0 

■-Leaf Metal, (except Leaf Gold,) the packet containing 250 leaves \. 0 0 3 

Metal in bars, termed “ German Silver,” liable to duty as goods unmanu¬ 
factured.—Cus. Min. 17 April, 1830. 

Metheglin, see Mead. 

Mill Boards, the cwt. 3 8 2 

Mill Stones, see Stone. 

Minerals, not otherwise enumerated or described, for every 1 00/. of the value 20 0 0 

-Specimens of, see Specimens. 

Models of Cork or Wood, for every 100/. of the value. 5 0 0 

Morels, the lb. 0 2 9 

Mosaic Work, see Stone, Sculptured. 

Moss, viz.—Lichen Islandicus, or Liverwort, the lb. *([. 0 0 1 

- Rock, for Dyers’ use, the ton «f[. 0 5 0 

- not otherwise charged, for every 100/. of the value . 5 0 0 

Mother of Pearl Shells, for every 100/. value. 5 0 0 

South Sea Duty not to be charged,—Treas. Ol der, 16 June, 1832. 

Mules, each. 0 10 0 

Mum, see Beer. 

Musical Instruments, for every 100/. of the value.20 0 0 

Musk, theoz. ®f[. 0 0 6 

Myrrh, the cwt. ^ . 0 6 q 

NAPKINING, see Linen. 


* 7 Geo. IV. c. 48. (6 July, 1826.) + 9 Geo. IV. c. 76. (11 Aug. 1828. 

f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 

*# i Wm. IV. c. 50. § 2. (5 July, 1830,) continued the same as Sugar. 





















































TABLE OF DUTIES. 


575 


£. s. d. 

Nardus Celtica, the cvvt.... 1 0 0 

- .- Indica, see Spikenard. 

Natron, see Alkali. 

Needlework, see Embroidery. 

Nets, viz.—Old Fishing Nets, fit only fcr making Paper and Pasteboard, 
see Rags. 

Nicaragua Wood, the ton . 0 5 0 

Nitre, viz.—Cubic Nitre, the cwt. 0 0 6 

Nutmegs, the lb. 0 3 6 

- imported from any British Possession within the limits of the East 

India Company’s charter, the lb. *. 0 2 6 

-- the produce of and imported from any other British Possession, the lb. 0 2 6 

Nuts, viz.—Cashew Nuts, the cwt. . 0 10 0 

-kernels, the lb.;. 0 0 2 

- Castor Nuts, the lb. 0 0 4 

Note .—In July, 1827, Parliament reduced the duty on Castor Seed to Id. per 
pound, and in Aug. 1828, legislated on Castor Seed and Castor Nuts as 
the same article; therefore the duty on Castor Nuts would be as Castor 
Seed, Id. per pound. 

- Nuts or Seeds, imported from any British Possession, the cwt.J 0 0 6 

-Cocoa Nuts, see Cocoa Nuts. 

- Coker or Coco Nuts, the produce of any British Possession, the 120 

Nuts. 0 5 0 

- Chestnuts, the bushel. 0 2 0 

- Pistachio Nuts, the cwt. . 0 10 0 

- Small Nuts, the bushel. 0 2 0 

- Walnuts, the bushel. 0 2 0 

- not otherwise enumerated or described, for every 100 /. of the value.. .20 0 0 

Nux Vomica, the lb. 0 2 6 

-Extract or Preparation of, see Extract. 

OAKUM, the cwt. «f[. 0 0 1 

Ochre, the cwt. 3[. 0 1 0 

Oil-Seed Cakes, 'of all sorts, the cwt*. 0 0 2 

Oil, viz.—of Almonds, the lb. 0 0 10 

- of Amber, or Succinum, see Oil Chemical. 

- of Aniseed, see Oil Essential. 

- of Bay, the lb... 0 0 3 


of Cassia, see Oil Essential. 

of Castor, the lb. 0 1 0 

- the produce of and imported from any British Possession, 

the cwt. . 0 2 6 

Chemical, Essential, or Perfumed, viz.— 

.of Caraways, the lb. . 0 4 0 

.of Cloves, the lb. . 0 14 0 

.of Lavender, the lb. . 0 4 0 

.of Mint, the lb. f. 0 4 0 

..of Peppermint, the lb. . 0 4 0 

.of Spike, the lb. . 0 4 0 

.of all other sorts, the lb. . 0 1 4 

of Cinnamon, see Oil Essential. 

of Cocoa Nut, the cwt. 0 2 6 


of Fennel, see Oil Essential, 
of Fish, see Train Oil in Oil. 


-imported from any British Possession, the tun J. 10 0 

of Jessamine, see Oil Perfumed, 
of Juniper, see Oil Essential. 


_imported from any British Possession, the tun |. 10 0 

of Mace, the oz. **. 0 2 6 

. see Oil Essential.** 


* 7 Geo. IV. c. 43. (6 July, 1826.) X 9 Geo. IV. c. 76. (11 Aug. 1828.) 

«[[ 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 

** There are two kinds of Oil of Mace; the one an Expressed, the other an 
Essential Oil. 











































































TABLE OF DUTIES 


57 6 


Oil continued. £• s - 

- of Marjoram, see Oil Essential. 

•- of Nutmegs, see Oil Essential. 

■ ' ■ — of Olives, the tun.... • • • 8 8 


subjects of the King of the Two Sicilies, and not ware¬ 
housed before 1 August, 1828, the tun J. 1 1 

1 October, by Treas. Order, 1 7 Oct. 1828. 
and further in addition, if so imported, the tun |j. 1 1 


Tare.—Where it may not be found necessary to resort to actual taring, one- 
third for tare on each jar of Olive Oil imported may be allowed, and one- 
seventh for foot.—Cus. Min. 23 July, 1828. 
of Orange Flower, or Neroli, see Oil Essential. 

of Palm, the cwt.. 0 2 

of Paran, the tun ®f[.'..... 8 8 

of Pine, see. Oil Essential. 

of Rape Seed, the tun. 39 18 

-imported from any British Possession, the tun J. 1 0 

of Rhodium, see Oil Essential. 

Rock Oil, the lb. 0 0 

of Rosemary, see Oil Essential, 
of Rose Wood, see Oil Essential. 

Salad Oil, see Oil of Olives, 
of Sandal Wood, see Oil Essential, 
of Sassafras, see Oil Essential. 

Seal Oil, see Train Oil in Oil. 

Seed Oil, not otherwise enumerated or described, the tun.39 18 

-imported from any British Possession, the tun J. 1 0 

of Succinum, see Amber, 
of Thyme, see Oil Essential. 

Train Oil, Blubber, Spermaceti Oil, and Head Matter, viz.— 

-the produce of Fish or Creatures living in the Sea, taken 

and caught by the crews of British ships, and imported 
direct from the Fisheries, or from any British Posses. 

sion in a British ship, the tun. 0 1 

-the produce of Fish or Creatures living in the Sea, of 

Foreign fishing, the tun.26 12 


The casks in which Fish Oil and Blubber are imported are to be passed at 
a computation of 126 gallons the pipe, and 63 gallons the hogshead; but 
the officers are not to abate in their vigilance to prevent the fraudulent 
introduction of other articles in casks purporting to contain Oil and 
Blubber only.—Cus. Min. 12 Aug. 1825. 

Oil, Fish, Staves, &c., the produce of the British colonies, may be admitted 
for home consumption into the ports of the United Kingdom through 
Guernsey or Jersey, upon proof that the goods have been imported into 
those islands and exported from thence in British vessels, and upon the 
regular certificates that the articles are the produce of British colonies.— 


Cus. Min. 6 March, 1826, founded on a letter from the Treasury. 


-of Vitriol, see Oil Chemical. 

-Walnut Oil, the lb...0 0 

-Whale Oil, see Train Oil in Oil. 

-Oil not particularly enumerated or described, or otherwise charged 

with duty, for every 100/. of the value. 50 0 

Oker, see Ochre. 

Olibanum, or Frankincense, the cwt. . 0 6 

Olives, the gallon.... 0 2 

Olive Wood, the produce of and imported from any British Possession, the 

ton.... 0 12 

-of any other place, or if otherwise imported, the ton. 8 9 

Onions, the bushel... 0 3 

Opium, the lb. J... 0 4 

- Extract or Preparation of, see Extract. 

Opoponax Gum, see Gum. 

Orange Flower Water, the gallon.. 0 3 


Orange Flowers salted to pay duty as drugs.—Cus. Min. 23 May, 1828. 


d, 


0 

0 

0 


6 

0 

0 

0 

10 


0 

0 


0 

0 


G 


0 

0 

0 

4 

6 

0 

0 


9 


J 9 Geo. IV. c. 76. (11 Aug. 1828.) || 10 Geo. IV. c. 43. (22 June, 1829.) 

«J[ 2 & 3 Win. IV. c. 84. (4 Aug. 1832.) 


























































TABLE OF DUTIES. 


577 


£. s. d. 

Orange Peel, the lb...0 0 6 

Oranges and Lemons, the chest or box, viz.— 

•-not exceeding the capacity of 5000 cubic inches *.0 2 6 


exceeding 7300 and not exceeding 14,000 cubic inches* .076 
for every 1000 cubic inches exceeding 14,000, and so 

in proportion for any greater or less excess *. 0 0 7^ 

loose, the 1000 *. 0 15 0 

or, and at the option of the importer, for every 100 /. 
of the value*...75 0 0 


The practice in London for ascertaining the cubical contents is,—to take 
the length of the chest internally, (allowing for the thickness of the par¬ 
tition therein,) say 36 inches; then multiply this by the breadth—say 20 
inches -= 720 : take the depth (esclusive of the cone ) 7 inches j add height 
of cone, (9 inches deducting two-thirds,) 3 inches » 10 inches, by which 
multiply 720, and it gives 7200 cubic inches for duty. 

■-- Juice of, see Juice. 

Orchal, Orchelia, or Archelia, the cwt. *. 0 3 0 

Ore, viz.—Gold or Silver, see Bullion. 

-not particularly charged in this or any other act, (except Tin Ore,) for 

every 100/. of the value •[[. 5 0 0 

-not otherwise enumerated or described, for every 100/, of the value.. .20 0 0 

-Specimens of, see Specimens. 

Orpiment, the cwt. 1 8 6 

Orris, or Iris Root, the cwt. . 0 10 0 

Orsedew, the lb. J. 0 0 6 

Otto, or Atter, or Oil of Roses, see Oil Essential. 


PADDY, see Rice. 

Painters’ Colours, not otherwise enumerated or described, for every 100/. 

of the value ||. 10 0 0 

■ ■ ■ -unmanufactured, not particularly charged in this or any 

other act, for every 100/. of the value .5 0 0 

Paintings on Glass, for every 100/. value.30 0 0 

-and further, for every cwt. of Glass. 4 0 0 

Paper, viz.—Brown Paper made 1 of old rope or cordage only, without sepa¬ 
rating or extracting the Pitch or Tar therefrom, and without any 
mixture of other materials therewith, the lb... 0 0 3 

■ printed, painted, or stained Paper, or Paper Hangings, or Flock 

Paper, the yard square. 0 1 0 

. Waste Paper, or Paper of any other sort not particularly enumerated 

or described, nor otherwise charged with duty, the lb.0 0 9 


The officers are to affix a stamp on printed or stained Paper in all cases, 
when required by the importer, to denote the payment cf the duty.— 


Treas. Order, 27 Dec. 1827. 

Parchment, the dozen sheets...;.. 0 10 0 

Pasteboards, the cwt... 3 8 2 

Pearl Barley, the cwt. 0 17 6 

Pearls, for every 100/. of the value. 5 0 0 

Pears, the bushel. 0 7 6 

—- dried, the bushel. 0 10 0 

Pellitory, the lb. 0 0 6 

Pelts, see Skins. 

Pencils, for every 100/. of the value. 30 0 0 

-of Slate, for every 100/. of the value.20 0 0 

Pens, for every 100/. of the value.30 0 0 

Pepper, of all sorts, the produce of, and imported from any British Posses¬ 
sion, the lb. 0 1 0 

■ ■■ imported from any British Possession within the limits of the East 

India Company’s Charter, the lb. *. 0 1 0 

-imported from any place within the limits of the East I ndia Com¬ 
pany’s Charter, not being a British Possession, the lb. *. 0 1 2 

-of any other place, or if otherwise imported. 0 16 

Perfumed Dust, see Powder. 


* 7 Geo. IV. c. 48. (6 July, 1826.) 
{} 10 Geo. IV. c. 43. (22 June, 1829.) 


X 9 Geo. IV. c. 76. (11 Aug. 1828.) 
f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 
2 P 





















































578 


TABLE OF DUTIES 


' £. s. d. 

Perry, the tun.22 13 8 

Pewter, Manufactures of, not otherwise enumerated or described, for every 

100 /. of the value .20 0 0 

Vide Note on Copper. 

Pickles, of all sorts, not otherwise enumerated or described, including the 

Vinegar, the gallon... 0 6 0 

Pictures, each *. 0 1 0 

.... and further, the square foot *.0 1 0 

-being 200 square feet or upwards, each J..*.10 0 0 

See Prints. 


Paintings, being the works of English artists, accompanied with a certifi¬ 
cate in each case, and a declaration by the artist that it is the work of 
himself, and on proof of the importer that the painting is the identical 
work alluded to in the certificate, free, per Treas. Order, 5 May, 1824.— 

See also Prints. 

Fresco Paintings, taken off Walls of Buildings and preserved upon Canvass, 
are to be classed as Water Coloured Drawings, and to be charged with 
duty as such.—Treas. Order, 8 Aug. 1825.—See Prints. 

Pimento, the lb.0 1 3 

•- Produce of, and imported from * any British Possession, the lb.0 0 5 

Pink Root, the lb. . 0 0 4 

Pitch, the cwt. 0 0 10 

-Produce of any British Possession, the cwt. 0 0 9 

-Burgundy Pitch, the cwt. •[[. 0 8 0 

—-Jews’ Pitch, see Bitumen Judaicum. 

An allowance is to be made for Tare on Pitch, of 93 lbs. each, on Archangel 
casks—36 lbs. each on Swedish casks—and 56 lbs. each on American 


casks.—Cus. Min. 2 Nov. 1787. 

Plants, Shrubs, and Trees, alive... Free. 

Plaster of Paris, the cwt...0 1 0 

Plate, viz.—Battered, fit only to be remanufactured, see Bullion. Free. 

- of Gold, the oz. Troy.3 16 9 

- Silver Gilt, the oz. Troy. 0 6 4 

-part Gilt, the oz. Troy. 0 6 0 

-ungilt, the oz. Troy...0 4 6 

Drawback, see page 627. 

Platina, the oz. 0 10 

— — -■ ■ Ore of, for every 100/. of the value. 5 0 0 

Platting, or other Manufactures to be used in or proper for making Hats or 
Bonnets, viz.— 

— of Bast, Chip, Cane, or Horse Hair, the lb. 1 0 0 

-of Straw, the lb. 0 17 0 

———Straw for Platting, the cwt. .0 0 1 

Straw Bands and Flowers, and Straw Gauze, fit only for Ornaments, and 
not for making Hats or Bonnets, may be entered on payment of duty, as 
“manufactured goods, not otherwise rated.—Treas. Order, 25 June, 1819. 

Plums, dried, the cwt. X ... 1 7 6 

Polishing Rushes, for every 100/. of the value. .20 0 0 

-Stones, see Stones. 

Pomatum, for every 100/. of the value. 30 0 0 

Pomegranates, the 1000 0 15 0 

-Peels of, the cwt. 0 1 0 

Poppies’ Heads, see Capita Papaverum. 

Porcelain, see China W are. 

Pork, salted,** (not being Hams or Bacon) the cwt. f. 0 12 0 

Potatoes, the cwt. 0 2 0 

Pots, viz.—Melting Pots for Goldsmiths, the 100 . 0 3 2 

- of Stone, for every 100/. of the value. 30 0 0 

Powder, viz.—Hair Powder, the cwt. 9 15 0 

.perfumed, or Perfumed Dust, the cwt.13 13 0 

-Powder not otherwise enumerated or described, that will serve for the 

same Uses as Starch, the cwt. 9 jo q 

Precious Stones, see Jewels. 


* 7 Geo. IV. c. 48. (6 July, 1826.) I 7 & 8 Geo. IV. c. 56. (6 July, 1827.) 

X 9 Geo. IV. c. 76. (11 Aug. 1828.) 2 & 3 Wm, IV. c. 84. (4 Aug. 1832.) 

** Not “ Corned Pork,” see page 457. Article Beef. 






















































TABLE OF DUTIES 


579 


£. 8. d. 


Prints and Drawings, plain, each.... 0 0 1 

-Coloured, each...0 0 2 


Where Prints or Maps form part of a Book, and serve merely to explain 
or illustrate the subject, they are to be deemed a part of the Work, and 
be charged with duty, by weight, as Books;—but when they are bound 
or stitched together without letter-press, or when the letter-press is 
merely descriptive of them, then they are to be charged with duty by 
Tale, as Prints or Maps.—Cus. Min. 5 Sept. 1829. But if satisfactory 
proof be adduced that although imported separately, they do in reality 
form part of a Work, they may be charged with the Book duty.—Treas. 
Order, 2 June, 1830. 

Pictures, Sketches, and Drawings, brought from the Continent and accom¬ 
panied by the Proprietor, are to be admitted to entry free of duty, upon 
proof, that they were wholly executed by him for his amusement, and 
not intended for sale in this country.—Treas. Order, 5 Aug. 1817. 


Prunelloes, the cwt. J. 1 7 6 

Prunes, the cwt. 1 7 6 

Cartoons and Baskets containing Prunes, when enclosed in wooden cases, 
or where the same shall be inner packages, no duty is to be demanded on 
such Cartoons or Baskets.—Cus. Min. 6 Dec. 1828. 

QUASSIA, the cwt.. 8 17 6 


Quern Stones, see Stones. 

Quicksilver, the lb. . 0 0 1 

Quills, viz.—Goose Quills, the 1000 . 0 2 6 

-Swan Quills, the 1000 . 0 12 0 

Quinces the 1000 ^[... 0 1 0 

Quinine, Sulphate of, the oz. *. 0 0 1 

RADIX, viz.—Contrayerv®, the lb. . 0 0 2 

-Enul® Campan®, the cwt. 0 13 6 

-Eringii, the lb. 0 0 6 

-Ipecacuanha, the lb. . 0 10 

-Rhatani®, the lb. 0 2 0 

-Extract or Preparation of, see Extract. 

-Senek®, the lb. 0 1 9 

-Serpentari®? or Snake Rdot, the lb. . 0 0 2 

Rags, viz.—Old Rags, old Ropes, or Junk, or old Fishing Nets, fit only for 

making Paper or Pasteboard, the ton. 0 5 0 

- Woollen Rags, fit only for Manure, the ton... 0 7 6 

Raisins of the Sun, the cwt.2 2 6 

-not being Raisins of the Sun, and not being the produce of any 

British Possession, the cwt. ||. 1 0 0 

-of all sorts, the produce of any British Possession, the cwt. 0 10 0 

Rape Cakes, the cwt. 0 0 2 


Foreign Rape Cakes may be weighed on board the importing vessel, at the 
expense of the parties requiring the indulgence, (viz. as to weighing in¬ 
struments and materials,) and without prejudice to the goods being re¬ 
weighed after landing, if deemed necessary.—Cus. Min. 6 Aug. 1819. 


-of Grapes, the tun...13 6 0 

Ratafia, see Spirits. 

Red Wood, or Guinea Wood, the ton^[.*. 0 5 0 

Rennet, the gallon. 0 0 6 

Resina Jalap®, the lb. 0 6 9 

Rhatany Root, see Radix Rhatani®. 

Rhinehurst, the cwt. 0 14 3 

Rhubarb, the lb. . 0 1 0 

Rice, viz.—not being rough and in the husk, the cwt.0 15 0 

•-Rough and in the husk, or paddy, the bushel.0 2 6 

-the produce of, and imported from any Brit. Posses., viz.—in the husk, 

the quarter |. 0 0 1 

-not in the husk, the cwt. J. 0 1 0 

For Drawback , see page 627. 

Rocou, see Annatto. 

Ropes, New, see Cordage. 


* 7 Geo. IV. c. 48. (6 July, 1826.) X 9 Geo. IV. c. 76. (11 Aug. 1828.) 

U 10 Geo. IV. c. 43. (22 June, 1829.) f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 

2 p 2 





















































TABLE OF DUTIES. 


580 

Ropes continued. 

■ ■■ ■ Old, see Rags. 

-Coir Rope, the cwt. J...^ 

.. Old, and fit only to be made into Mats, the ton J „.0 

Rose Wood, the ton*.....10 

Rosin, or Colophonia, the cwt.... 0 

-the produce of and imported from * any British Possession, the cwt. 0 

Rubies, see Jewels. 


SACCHARUM Saturni, the lb. 0 

Safflower, the cwt. ..... . 0 

Saffron, the lb. *... 0 

Sago, the cwt. ... 0 

Sails, see Linen. 

Sal, viz.—Ammonia, the cwt. •[[. 0 

-Gem, the cwt... 0 


-Limonum, the lb. 0 

-Prunelle, the cwt. . 0 

-Succini, the lb... 0 

Salep, or Salop, the cwt. .. 0 

Salt... F 

Saltpetre, the cwt. 0 

Sanguis Draconis, the cwt. . 0 

Santa Maria Wood, for every 100/. of the value.20 

Sapan Wood, the ton . ..... 0 

Sarsaparilla, the lb. .0 

Sassafras, the cwt. . 0 

Saunders, viz.— Red, the ton . 0 

-White, or Yellow, the cwt. ... 0 

Sausages or Puddings, the lb. ... 0 

Scaleboards, the cwt.. 3 

Scammony, the lb. . 0 

Scilla, see Squills. 

Seed, viz.—Acorns, the bushel.0 

— — Ammi or Amois Seed, the lb. 0 

- — . Aniseed, the cwt. . 0 

- Burnet Seed, the cwt. 1 

- Canary Seed, the cwt.3 

- Caraway Seed, the cwt. 1 

- Carrot Seed, the lb. 0 

- Carthamus Seed, the lb.0 

- Castor Seed, the lb. f. 0 


—— Cevadilla, see Sabadilla Seed. 

— Clover Seed, the cwt. 1 

- Cole Seed, the last. 0 

- Cumin Seed, the cwt. . 0 

- Coriander Seed, the cwt. 0 

- Fennel Seed, the cwt. .0 

- Fenugreek Seed, the cwt. 0 

- - Flax Seed, the quarter. 0 

- Forest Seed, the lb.0 

- Garden Seed, not particularly enumerated or described, or otherwise 

charged with duty, the lb. 0 

- Grass Seeds, of all sorts, the cwt. 1 


Sainfoin Seed, coining under the denomination of Grass Seed, to pay £\ 
per cwt.—Treas. Order. 20 May, 1830. 


- Hemp Seed, the quarter . 0 

- Leek Seed, the lb. 0 

•- Lettuce Seed, the quarter . 0 

- Linseed, the quarter | . 0 

- Lucerne Seed, the cwt. 1 

- Maw Seed, the cwt.. 

- Millet Seed, the cwt.. 


8. d. 

5 0 
5 0 
0 0 
4 9 
3 2 


0 10 
1 0 
1 0 
1 0 

1 0 

8 0 
4 9 

1 0 

3 2 
1 0 

ree. 

0 6 

4 0 

0 0 
1 0 
0 6 
2 0 
1 0 
1 0 
0 4 

8 2 
2 6 

1 0 
0 6 

5 0 
0 0 
0 0 

10 0 
0 9 
0 6 
0 1 
0 6 

0 0 
10 0 
2 0 
15 0 

2 0 
9 6 
1 0 
0 6 

0 6 
0 0 


1 0 
1 6 
1 0 
1 0 
0 0 
0 0 
11 6 


* 7 Geo. IV. c. 48. (6 July, 1826.) + 9 Geo. IV. c. 76. fll Aug. 1828.) 

% 2 & 3 Win. IV. c. 84. (4 Aug. 1832.) 





































































TABLE OF DUTIES. 


581 


Seed continued. £. 

- Mustard Seed, the bushel. 0 

- Onion Seed the lb.0 

- Parsley Seed, the lb. 0 

- Peas, when prohibited to be imported as corn, the bushel. 0 

- Piony, or Peony Seed, the lb. 0 

- Quince Seed, the lb. 0 

- Rape Seed, the last. 0 

- Sabadilla, or Cevadilla Seed, the lb. 0 

-Shrub or Tree Seed, not otherwise enumerated, the lb. 0 

- Trefoil Seed, the cwt. 1 

- Worm Seed, the cwt. . 0 

- All Seeds not particularly enumerated or described, not otherwise 

charged with duty, commonly made use of for extracting oil there¬ 
from, the last. 0 

— All other Seed not particularly enumerated or described, not otherwise 


charged with duty, for every 100/. of the value.30 

The imperial standard measure, by 5 Geo. IV. c. 74. being about one peck 
or sixteen pints in the quarter, strike measure, more than the Winchester 
measure, one peck to be deducted from the quarter Winchester measure, in 
the admeasurement of Seeds, Corn, &c.—Cus. Min. 11 March, 1826. 


Segars, see Tobacco manufactured. 

Sena, the lb. .... 0 

Shaving for Hats, see Platting. 

Ships to be broken up, with their Tackle, Apparel, and Furniture, (except 

Sails,) viz.—Foreign Ships or Vessels, for every 100/. of the value 50 

-- British Ships or Vessels entitled to be registered as 

such, not having been built in the United Kingdom, 


for every 100/. of the value.15 

Shoes, see Boots. 

Shrubs, see Plants alive. 

Shumach, the cwt. 0 

Silk, viz.—** Knubs or Husks of Silk and Waste Silk, the cwt.0 

- Raw Silk, the lb. 0 

- Thrown Silk, not dyed, viz.— 

.Singles, the lb. 0 

.Tram the lb. 0 

.Organzine and Crape Silk, the lb....0 

- - Thrown Silk, dyed, viz.— 

.Singles or Tram, the lb... 0 

.Organzine or Crape Silk, the lb.0 


Dyed Sewing Silks are chargeable with duty as Dyed Organzine Thrown 
Silk.-—Cus. Min. 2 July, 1827. 

Manufactures of Silk, or of Silk mixed with any other material, the 
produce of Europe, viz.— 

- Silk or Satin, Plain, the lb.0 

-or, and at the option of the Officers of the Customs, 

for every 100/. of the value.25 

Silk or Satin, Figured or Brocaded, the lb. 0 

-or, and at the option of the Officers of the Customs, 

for every 100/. of the value.30 

Gauze, Plain, the lb. 0 

-or, and at the option of the Officers of the Customs, 

for every 100/. of the value ...30 

Gauze, Striped, Figured, or Brocaded, the lb. 1 

-or and at the option of the Officers of the Customs, 

for every 100/. of the value.30 

Crape, Plain, the lb. 0 

-or, and at the option of the Officers of the Customs, 

for every 100/. of the value.30 

Crape, Figured, the lb.0 

■-or, and at the option of the Officers of the Customs, 

for every 100/. of the value.30 

Velvet, Plain, the lb... 1 


s. d. 
8 0 
1 6 
0 1 
7 6 
0 6 
3 0 
10 0 
1 0 
0 6 
0 0 
2 6 


10 0 
0 0 


0 6 


0 0 


0 0 


1 0 
1 0 

0 1 

1 6 

2 0 
3 6 

3 0 
5 2 


11 0 

0 0 

15 0 

0 0 

17 0 

0 0 

7 6 

0 0 

16 0 

0 0 

18 0 

0 0 
2 0 


^ 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 
** 10 Geo. IV. c. 23. (5 July, 1829.) 






















































582 


TABLE OF DUTIES. 


Silk continued. ■£. s. d. 

- - or, and at the option of the Officers of the Customs, 

for every 1004 of the value.30 0 0 

Velvet, Figured, the lb. .. 1 7 6 

-or, and at the option of the Officers of the Customs, 

for every 1004 of the value. 30 0 0 

These duties are to be paid on all Velvets, whether mixed with Cotton or 
otherwise. Articles other than Velvets, composed of more than one-half 
of Cotton and other materials not Silk, are not to be considered as Silk 
manufactures, and do not come under the operation of the Silk Act, but 
are to be charged with the ad valorem duty of 20 per cent, as goods manu¬ 
factured not otherwise enumerated or described.—Cu3. Min. 1 May, 1830. 

Ribbons, Embossed or Figured with Velvet, the lb.0 17 0 

.or, and at the option of the Officers of the Customs, 

for every 1004 of the value.30 0 0 

.and further, if mixed with Gold, Silver, or other 

Metal, in addition to the above Rates, when the Duty 

is not charged according to the value, the lb.0 10 0 

Fancy Silk Net or Tricot, the lb. 1 4 0 

Plain Silk Lace or Net, called Tulle, the square yard.0 1 4 

Manufactures of Silk, or of Silk mixed with any other material, the 
produce of and imported from British Possessions within the limits of 

the East India Company’s Charter, for every 1004 of the value.20 0 0 

-Millinery of Silk, or of which the greater part of the Materials is of 

Silk, viz.—Turbans or Caps, each .. 0 15 0 

Hats or Bonnets, each. 1 5 0 

Dresses, each.2 10 0 

- - or, and at the option of the Officers of the 

Customs, for every 100/. of the value.40 0 0 

-Manufactures of Silk, or of Silk and any other material, not particu¬ 
larly enumerated or otherwise charged with Duty, for every 1004 

of the value .30 0 0 

■-Articles of Manufacture of Silk, or of Silk and any other material, 

wholly or in part made up, not particularly enumerated or otherwise 

charged with Duty, for every 1004 of the value.30 0 0 

For Drawback , see page 626. 

When the shoot or the warp only is of Silk, the article is to be considered 
as composed of not more than one-half part of Silk, and subject to the 
ad valorem duty of 30 per cent.; but if the shoot or the warp is entirely of 
Silk, and a portion of the other is of Silk also, the article is to be con¬ 
sidered to be composed of more than one-half part of Silk, and subject to 
the rated duties at per lb., or to the ad valorem duties, at the option of the 
officers.—Cus. Min. 14 August, 1829. 

In all cases where the duties charged upon articles of Silk and Woollen 
mixed would exceed 30 per cent., by reason of the weight of the Wool or 
other material besides Silk, they are to be admitted at value.—Cus. Min. 

19 Dec. 1831. 

Silk-worm Gut, for every 1004 of the value .20 0 0 

Skates for sliding, for every 1004 of the value.20 0 0 

Skins, Furs, Pelts, and Tails, viz.— 

- Badger Skins, undressed, the skin. 0 1 6 

-Bear Skins, undressed, the skin. 0 4 6 

.imported from any British Possession in 

America, the skin. 0 2 6 

-Beaver Skins, undressed, the skin.0 0 8 

....... imported from any British Possession in 

America, the skin. 0 0 4 

Pieces of Beaver Skins are to be weighed against whole Beaver Skins, and 
the pieces charged with the duty upon so many Skins as are required to 
balance the weight of the pieces, on future importations of pieces from 
the British Colonies in America.—Cus. Min. 16 Jan. 1824. 

- Calabar Skins, see Squirrel Skins. 

-Calf Skins and Kip Skins, in the hair, not tanned, tawed, curried, or in 

any way dressed, viz.— 

...... Dry, the cwt. ",... 0 4 8 

.Wet, the cwt. 0 2 4 

.... the produce of, and imported from the West Coast of 

Africa, not exceeding 7 lbs. weight each skin, the cwt. 0 2 4 

.... the produce of, and imported from any British Posses¬ 
sion, viz.— 




































TABLE OF DUTIES. 


583 


Skins continued. £. s. d. 

.Dry, the cwt.*. 0 2 4 

.Wet, the cwt*.* ... 0 1 2 

-Tanned, and not otherwise dressed, the lb. J. 0 0 9 

.the produce of, and imported from any British 

Possession, the lb. J. 0 0 4^ 

..Cut or trimmed, the lb. J. 0 1 2 

.... the produce of and imported from any British 

Possession, the lb. J .... 0 0 7 

—— Tawed, curried, or in any way dressed, the lb. J.0 1 0 

.... the produce of, and imported from any British Pos¬ 
session, the lb. % . 0 0 6 

.... Cut or trimmed, the lb. J.*. 0 1 6 

.... the produce of, and imported from any British 

Possession, the lb. J. 0 0 9 

- Cat Skins, undressed, the skin. 0 0 6 

.imported from any British Possession in Ame¬ 
rica, the skin. 0 0 3 

- Coney Skins, undressed, the 100 skins .. 0 1 0 

- Deer Skins, undressed, the skin. 0 0 2 

.the produce of, and imported from any British 

Possession in America, the 100 skins. 0 1 0 

Indian, half dressed, the skin. 0 0 8 

.undressed, or shaved, the skin.0 0 4 

- Dog Skins, in the hair, not tanned, tawed, or in any way dressed, the 

dozen skins.^. 0 0 10 

- Dog-Fish Skins, undressed, the dozen skins. 0 5 2 


Newfoundland, the dozen skins ....... 0 0 1 

- Elk Skins, in the hair, not tanned, tawed, curried, or in any way dressed, 

the skin. 0 1 0 

- Ermine Skins, undressed, the skin. 0 0 8 

- Fisher’s Skins, undressed, the skin. 0 1 0 

.imported from any British Possession in 

America, the skin. 0 0 6 

—— Fitch Skins, undressed, the dozen skins. 0 3 2 

- Fox Skins, undressed, the skin. 0 0 8 

.imported from any British Possession in Ame¬ 
rica, the skin.. ..., 0 0 4 

-Tails, undressed, for every 100/. of the value.20 0 0 

- Goat Skins, raw or undressed, the dozen skins. 0 2 10 

tanned, the dozen skins. 2 0 0 

- Hare Skins, undressed, the 100 skins. 0 1 0 

- Ilusse Skins, undressed, the skin. 0 0 6 

- Kangaroo Skins, raw and undressed, imported from any British Pos¬ 
session, for every 100/. of the value J. 5 0 0 

- Kid Skins, in the hair, undressed, the 100 skins ||..0 0 4 

dressed, the 100 skins. 0 10 0 

.and dyed, or coloured, the 100 skins *. 0 15 0 

- Kip Skins, see Calf Skins. 

- Lamb Skins, undressed, in the Wool, the 100 skins |].0 0 4 

tanned or tawed, the 100 skins. 0 10 0 

tanned or tawed, and dyed or coloured, the 100 skins * ... 0 15 0 

dressed in Oil, the 100 skins .. 4 0 0 

- Leopard Skins, undressed, the skin. 0 9 6 

- Lion Skins, undressed, the skin. 0 6 0 

- Martin Skins, undressed, the skin. 0 0 6 

.imported from any British Possession, the skinj .003 

-Tails, undressed, the 100 tails. 0 16 3 

—— Mink Skins, undressed, the skin. 0 0 4 

.imported from any British Possession in Ame¬ 
rica, the skin. 0 0 2 

dressed, the skin... 0 2 0 

- Mole Skins, undressed, the dozen skins. 0 0 6 


|| 10 Geo. IV. c. 43. (22 June, 1829.) 


































































584 TABLE OF DUTIES. 

Skins continued. £. ». d 

- Musquash Skins, undressed, the 100 skins.0 1 0 

-Nutria Skins, undressed, the 100 skins. 0 12 6 

- Otter Skins, undressed, the skin. 0 1 6 

.imported from any British Possession in Ame¬ 
rica, the skin. 0 1 0 

- Ounce Skins, undressed, the skin. 0 7 6 

- Panther Skins, undressed, the skin.... 0 9 6 

- Pelts of Goats, undressed, the dozen pelts. 0 3 0 

dressed, the dozen pelts... 0 6 0 

- Pelts of all sorts, undressed, the 100 pelts. 0 17 0 

- Racoon Skins, undressed, the skin. 0 0 2 

.imported from any British Possession in 

America, the skin. 0 0 1 

- Sable Skins, undressed, the skin.. 0 8 4 

Tails or Tips of Sable, undressed, the piece. 0 1 3 

- Seal Skins, in the hair, not tanned, tawed, nor in any way dressed, the 

skin. 0 0 3 

.of British taking, the dozen skins .0 0 1 

.taken in any Foreign Fishery, by persons 

not being British subjects, the skin.0 1 0 

- Sheep Skins, undressed, in the wool, the dozen skins. 0 1 O 

tanned or tavred, the 100 skins. 2 0 0 

dressed in oil, the 100 skins.4 0 0 

— - Squirrel or Calabar, undressed, the 100 skins ... 0 11 6 

tawed, the 100 skins...0 17 6 

Tails, undressed, for every 100/. of the value.20 0 0 

- Swan Skins, undressed, the skin. 0 1 0 

- Tiger Skins, undressed, the skin. 0 9 6 

- Weasel Skins, undressed, the 100 skins. 0 4 9 

- Wolf Skins, undressed, the skin.0 2 0 

.imported from any British Possession in Ame¬ 
rica, the skin. 0 1 0 

tawed, the skin. 0 17 6 

- Wolverings, undressed, the skin ... 0 1 0 

.imported from any British Possession in Ame¬ 
rica, the skin. .....0 0 6 

- Skins and Furs, or pieces of Skins and Furs, raw or undressed, not 

particularly enumerated or described, nor otherwise charged with 

duty, for every 100 /. of the value . 20 0 0 

——— Skins and Furs, or pieces of Skins and Furs, tanned, tawed, curried, or 
in any way dressed, not particularly enumerated or described, nor 

otherwise charged with duty, for every 100/. of the value .75 C 0 

Slate, see Stone. 

Slick Stones, see Stones. 

Smalts, the lb. . 0 0 4 

Snuff, the lb... 0 6 0 

Samples not exceeding 1 lb. may be imported into Tobacco Ports, if inserted in 
the manifest. —Treas. Order, 30 Nov. 1822. 

Soap, viz.—Hard, the cwt.4 10 0 

- Soft, the cwt. 3 11 3 

- the produce of any British Possession in the East Indies, viz.— 

Hard, the cwt. 1 8 0 

Soft, the cwt. 1 3 0 

Soapers’Waste, the ton.0 3 2 

Soda, see Alkali. 

Spa Ware, for every 100/. of the value.30 0 0 

Specimens of such Minerals, Fossils, or Ores, which are not particularly 
enumerated or described, nor otherwise charged with duty, each 
Specimen not exceeding the weight of 14 lbs. Free. 


illustrative of Natural History, not otherwise enumerated or de¬ 
scribed ... Free. 


“Stuffed birds” and other “Stuffed animals” are considered to come 
within the meaning of “ Specimens illustrative of Natural History.”— 
Cus. Min. 10 Aug. 1824. 


f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 
























































TABLE OF DUTIES. 


585 


Speckled Wood, viz.—the produce of, and imported from any British Pos¬ 


session, the ton . 0 16 3 

of any other place, or if otherwise imported, the ton.8 14 2 

Spelter, the cwt. 0 10 0 

-in cakes, the cwt. . 0 2 0 

Spermaceti, fine, the lb. 0 1 6 

Spikenard, or Nardus Indica, the lb. 0 2 9 

Spirits, or Strong Waters of all sorts, viz.— 


for every gallon of such Spirits or Strong Waters—of any strength 
not exceeding the strength of Proof by Sykes’s Hydrometer,—and so 
in proportion for any greater strength than the strength of Proof, 

—and for any greater or less quantity than a gallon, viz.— 

•- not being Spirits or Strong Waters, the produce of 

any British Possession in America,—or any British 
Possession within the limits of the East India Com¬ 
pany’s Charter,—and not being sweetened Spirits, or 
Spirits mixed with any article, so that the degree of 
strength thereof cannot be exactly ascertained by 

such Hydrometer. 1 2 6 

--Spirits or Strong Waters, the produce of, and imported 

from any British Possession in America, (not being 
sweetened Spirits, or Spirits so mixed as aforesaid,) 
and— 

-Rum Shrub however sweetened,* the produce of, and 

imported from any British Possession in America, 

the gallon**...0 9 0 

-Spirits or Strong Waters, the produce of any British 

Possession within the limits of the East India Com¬ 
pany’s Charter, (not being sweetened Spirits, or 

Spirits so mixed as aforesaid) J. 0 15 0 

-Spirits, Cordials, or Strong Waters, respectively, (not 

being the produce of any British Possession in Ame¬ 
rica,) sweetened or mixed with any article so that the 
degree of strength thereof cannot be exactly ascer¬ 
tained by such Hydrometer. 1 10 0 

-Spirits, Cordials, or Strong Waters, respectively, (ex¬ 
cept Rum,) being the produce of any British Pos¬ 
session in America, sweetened or mixed with any 
article so that the degree of strength thereof cannot 


be exactly ascertained by such Hydrometer. 1 0 0 

Additional**. 0 0 6 


*** How Rum sweetened is to be charged, see page 504. 
And How Spirits mixed with other ingredients are to be 
charged, see page 505. 

*** Surplus Stores, see page 452. 

The Officers of the Customs are directed to charge the duty on the strength 
of Spirits imported in Bottles, to one tenth of a gallon.—Cus. Min. 16 Feb. 
1827. 

Every degree of strength above the strength of proof, is equivalent to one 
per centum (or one Gallon in every 100) increase of measure;—as for 
examp'e,—200 Gallons of Rum denoted by the hydrometer to be 7 degrees 
above the strength of proof, would be charged thus,—200 Gallons of Rum 
and 14 Gallons over proof, making 214 Gallons for duty, at 8s. 64. per 
Gallon. If the actual strength should exceed the strength denoted by the 
hydrometer by 5 degrees, the additional charge contemplated by thi$ sec¬ 
tion for two of those degrees (deducting three degrees for colouring mat- 
ter) should be stated thu3 :—four Gallons excessive strength at 9s. 64. per 
Gallon. 

The restriction as to the size of the cases in which Bottles are ’mported for 
exportation is dispensed with, provided they are imported and exported 
in square-rigged vessels, and ali the other requisites of the law complied 
with.—Treas. Order, 11 January, 1830. 

Brandy may be imported from France and Spain in Casks of 10 Gallons, 
(but in no case of less capacity,) permission being first obtained from the 
Board of Customs, and security given for the importation of the Casks 
specified, to be accompanied by a consular certificate, stating marks, and 
the bond to state that the goods shall be warehoused for exportation only, 
the approved port to be named in the bond, and to be re-shipped under 
the usual regulations for bonded goods.—Treas. Order, 15 Oct. 1831. 


\ 9 Geo. IV. c. 76. (11 Aug. 1828.) 

** 1 Wm. IV. c. 48. (14 June, 1830.) 


* 7 Geo. IV. c. 48. (6 July, 1826.) 
f 2 & 3 Win. IV. c. 84. (4 Aug. 1832.) 


























TABLE OF DUTIES 


586 


Spirits continued. 

The Lords of his Majesty’s Treasury have authorized the exportation of 
Brandy to Mexico, Chili, or Peru, in casks containing not less than 15 
imperial gallons each, for the convenience of transport into the interior 
of those countries.—Treas. Order, 17 Dec. 182?. 

Cordials may be admitted to entry for Home Consumption without regard 
to the size of the package or the tonnage of the vessel in which the same 
may be imported.—Treas. Order, 4 Mar. 1826. 

Fractions on the strength of Spirits are not to be charged unless amounting 
to 84-100th parts of a gallon, and any fraction exceeding that amount is 
to be charged with duty as a gallon, in all cases, whether of importation 
to be warehoused, or of delivery for duties; and the duty on the strength 
of Spirits imported in bottles is to be charged to l-10th part of a gallon,— 
and as a diversity of practice exists in regard to the insertion of the 
strength of Spirits, in the account transmitted of Spirits removed under 
bond from one warehousing port to another, the officers are directed to 
cause the strength per cent, to be inserted in the account transmitted to 
the port of removal, whether the Spirits be over or under proof.—Cus. 

Min. 18 June, 1825 ; and 13 & 15 Feb. 1827. 

Rum in casks capable of containing 20 gallons, and other Spirits in casks 
capable of containing 40 gallons, to be admitted to entry, when any de¬ 
ficiency of those qualities may have been occasioned by absorption or 
leakage.—Cus. Min. 24 March, 1831. 

-Ether, from Guernsey, see Ether. £. s. 

Sponge, the lb. . 0 0 

-the produce of, and imported from any British Possession, the lb. 0 0 

No allowance for sand or dirt, or other extraneous matter mixed with 
sponge, unless such increase shall exceed 7 per cent., and then only for 
such increase as shall exceed 7 per cent.—Cus. Min. 10 May, 1825. 

Squills, dried, the cwt. . 0 8 

-not dried, the cwt. . 0 1 

Starch, the cwt.....9 10 

Stavesacre, the cwt. .0 4 

Steel, unwrought, prepared in and imported from any British Possession in 

Asia, Africa, or America, the ton . 0 1 

-or any Manufactures of Steel, not otherwise enumerated or described, 

for every 100/. of the value . 20 0 

Stibium, see Antimony. 

Sticks, viz. Walking Sticks, see Canes. 

Stones, viz.— Burrs for Mill Stones, the 100. 3 16 

• - Dog Stones, not exceeding 4 feet in diameter, above 6 feet and un¬ 

der 12 inches in thickness, the pair. 6 3 

-Emery Stones, the ton . 0 1 

• -Filtering Stones, for every 100/. of the value. 50 0 

-Flint Stones, for Potters, the ton. 0 2 

-Grave Stones, of Marble, polished, each not containing more than 

2 feet square, the foot square, superficial measure. 0 2 

--— unpolished, the foot square, superficial measure. 0 0 

-not of Marble, polished or unpolished, the foot square, 

superficial measure. 0 0 

-Lime Stone, for every 100/. of the value.20 0 

-Marble in Blocks . Free. 

-Marble, in any way manufactured, (except Grave or Paving Stones, 

each not containing more than 2 feet square,) the cwt. 0 3 

Marble Tables, notwithstanding their being partially inlaid with Stones of 
other descriptions, are to be considered as Marble Tables, and pay duty 
as Marble manufactured.—Treas. Order, 28 Oct. 1825. 

Marble Slabs sawn, but not polished, to be charged as manufactured 
marble. Cus. Min. 16 Aug. 1826. 

-Marble Paving Stones, polished, each not containing more than 2 

feet square, the foot square, superficial measure.0 0 

Rough, the foot square, superficial measure... 0 0 

-Mill Stones, above 4 feet in diameter, “ or” if 12 inches in thickness, 

or upwards, the pair. “ Or,” inserted by Cus. Min. 22 April, 1829.11 8 

-Mosaic Work, see Stone sculptured. 

-Paving Stones, not of marble, the 100 feet square superficial mea¬ 
sure . 0 12 

-Pebble Stones, the ton. 0 13 

-Polishing Stones, for every 100/. of the value.20 0 

-Pumice Stone, the ton. 1 13 

-Quern Stones, under 3 feet in diameter, and not exceeding 6 inches 

in thickness, the pair. 0 8 

f 2& 3 Wm. IV. c. 84. (4 Aug. 1832.) 

















































TABLE OF DUTIES. 


587 


Stones continued. £. 

-Quern Stones, 3 feet and not above 4 feet in diameter, and not ex¬ 
ceeding 6 inches in thickness, the pair... 0 

-Rag Stones, for every 100/. of the value.20 

-Slate. The duty on Slate the produce of Guernsey , Jersey, Sark, 

Alderney , or Man, repealed by\8$2 Wm. IF. c. 16. See page 509. 

-the produce of any other country, not otherwise enumerated 

or described, for every 100 /. of the value. 66 


s. d. 

17 6 

0 0 


10 0 
3 0 
8 0 
2 6 


Slates, in frames, the dozen. 0 

, Slick Stones, the 100. 0 

Stone Sculptured, or Mosaic Work, the cwt. 0 

Articles of Mosaic Work to be admitted to entry at the rated duty of 2s. 6d. 
per cwt. Cus. Min. 19 Dec. 1829. But Mosaic Tops for Brooches and 
Snuff Boxes to pay 20 per cent.—Board’s Order, 1831. 

Note .—If any Statue, Group of Figures, or other Stone or Marble Ornament, 
carved out of the same block, shall exceed one ton weight, the duty to be 
charged thereon shall be estimated at the rate payable for one ton Weight 
and no more. 

Stones to be used for the purpose of Lithography, the cwt.0 3 0 

Whetstones, the 100. 0 8 9 

Stones, not particularly enumerated or described, nor otherwise 
charged with duty, for every 100 /. of the value. 66 10 0 


Storax, see Gum. 

Straw, for Platting, sec Platting. 

Succades, the lb. 0 

•-the produce of, and imported from* any British Possession in 

America, the lb. 0 

*—- . . • the produce of, and imported from’ 5 ' any British Possession within 

the limits of the East India Company’s Charter, the lb. 0 

Succinum, the lb. % . 0 

Sugar, (continued till 5 April, 1833, by 2 and 3 Wm. IV. c. 95.) viz.— 

- Brown, Muscovado, or clayed, not being refined, the cwt. 3 

-the produce of, and imported from§ any British Possession in Ame¬ 
rica, or the island of Mauritius, the cwt. 1 

-the produce of, and imported from§ any British Possession in the 

East Indies, the cwt. 1 

- Refined, the cwt. 8 

- Candy, viz.— Brown, the cwt. 5 

-White, the cwt..... 8 

No allowance for damage or increase of weight by water on Sugar to be made 
without special authority.—Cus. Min. 18 Aug. 1825. 

Sweepings of Sugar Warehouses to be charged with the Molasses duty, 
subject to allowance for dirt mixed therewith.—Cus. Min. 31 Aug. 1832. 

For the Bounty , see page 626. 

Sulphate of Quinine, see Quinine. 

Sulphur Impressions, for every 100/. of the value. 5 

-Vivum, see Brimstone. 

Sumach, see Sliumach. 

Sweep-washer’s Dirt, see Bullion. 

Sweet Wood, viz.—the produce of, and imported from any British Posses¬ 
sion, the ton .... 0 

-of any other place, or if otherwise imported, the ton. 10 


3 2 

0 3 

0 6 
0 6 

3 0 

4 0 

12 0 
8 0 
12 0 
8 0 


0 0 


16 3 
13 0 


• —see Skins. 


TAILS, viz.—Buffalo, Bull, Cow, or Ox, the 100 . 0 6 0 

-Fox. ) 

-Martin. 

- Sable... 

- Squirrel, or Calabar Tails... J 

Talc, the lb. 0 0 8 

Tallow, the cwt. 0 3 2 

-imported from any British Possession in Asia, Africa, or America, 

the cwt. 1 . 0 1 0 

Tamarinds, the lb.0 0 8 

-the produce of, and imported from* any British Possession within 

the limits of the East India Company’s Charter, the lb.0 0 6 

-the produce of, and imported from* any British Possession in Ame¬ 
rica, or on the West Coast of Africa, the lb. 0 0 2 


* 7 Geo. IV. c. 48. (6 July, 1826.) 
§ 1 Win. IV. c. 50. (6 July, 1830.) 


t 9 Geo. IV. c. 76.(11 Aug. 1828.) 
f 2 & 3 Win. IV. c. 84. (4 Aug 1832.) 

























































588 


TABLE OF DUTIES. 


£. s. d. 

Tapioca, the cwt. . 0 1 0 

Tar, viz.—the last, containing 12 barrels, each barrel not exceeding 31^ 

gallons. 0 15 0 

—- . the produce of, and imported from* any British Possession the last, 

containing 12 barrels, each barrel not exceeding 31^ gallons. 0 12 0 

—— Barbadoes Tar, the cwt. ||. 0 2 6 

Tares, the quarter. 0 10 0 

Tarras, the bushel. . 0 1 3 

Tartaric Acid, the lb. . 0 0 4 

Tea is not subject to Customs’ Duty, but the Excise is as follows :— 

-Sold in Great Britain by the East India Company, at or under 2s. per 

lb. for every 100 /. of such sale price**.. .96 

above 2 s. per lb. for every 100 /. of such sale price .100 

Teasles, the 1000. 0 

Teeth, viz_Elephants’, the cwt..j_... 1 


Sea Cow, Sea Horse, or Sea Morse, the cwt. 

Telescopes, for every 100/. of the value.30 

Terra, viz.—Japonica, or Catechu, the cwt. . 0 

-• Sienna, the cwt. . 0 

- Umbra, the cwt. . 0 

- Verde, the cwt. . 0 

Thread, viz.—Bruges Thread, the dozen lbs. 0 

-Cotton Thread, see Cotton Manufactures. 

-Outnal Thread, the dozen lbs. 0 

-Pack Thread, the cwt. 0 

-Sister’s Thread, the lb. 0 

-Whited Brown Thread, the dozen lbs. 0 

-not otherwise enumerated or described, for every 100/. of the value. .25 

Tiles, for every 100/. of the value.50 

- Dutch, for every 100/. of the value J...15 

Tin, the cwt. 2 

-Manufactures of, not otherwise enumerated or described, for every 

100/. of the value.20 

Tincal, see Borax. 

1 nfoil, for every 100/. of the value.....25 

1 jbacco, unmanufactured, the lb. *. 0 

-the produce of, and imported from any British Possession in Ame¬ 
rica, unmanufactured, the lb. *. 0 

--Manufactured, or Segars, the lb. *. 0 

*** Surplus Stores, see page 452. 

*** Guatamala leaf Tobacco may be imported from Belize in Packages 
not less than SO lbs. if in a separate Manifest, signed by the master and 
mate and attested by a Notary Public, and annexed to the General Mani¬ 
fest. A duplicate to be sent by post to the Commissioners of Customs. 

—Treas. Order, 22 Sept. 1827. 

Columbian Tobacco may be imported in the same manner.—Trea3. Order, 

12 Dec. 1828. And by Order, 25 Feb. 1829, Columbian Tobacco in rolls may 
be imported in Packages of 80 lbs. 

St. Domingo Tobacco may be imported in Packages of 90 lbs. if accom¬ 
panied by a Certificate of the British Consul at the place of shipment, 
specifying the actual quantity in each case.—Treas. Order, 23 March, 1832. 
Samples not exceeding 2 lbs. may le imported if inserted in the Manifest, and into 
Tobacco Ports.— Treas. Order, 30 Nov. 1822. 

Damaged Tobacco cut off in the Warehouse is allowed to be exported on the 
same being packed into hogsheads, casks, chests, or cases of the legal 
' weight, and on the usual export bond being entered into.—Cus. Min. 

4 March, 1830. 

Tobacco Pipes, for every 100/. of the value...30 

Tongues, the dozen... 0 

Tonnage Duties on Ships, see page 135. 

Tooth Powder, for every 100/. of the value.30 

Tornsal, or Turnsole, the cwt. 0 

Tortoise-shell, unmanufactured, the lb. 0 

-imported from any British Possession, the lb. 0 

Touch Stones, for every 100/. of the value.20 

Tow, see Flax. 


0 0 
0 0 
1 0 
0 0 
0 0 
0 0 
1 0 
4 0 
4 0 
1 0 
15 0 

15 0 
15 0 
4 0 
18 0 
0 0 
0 0 
0 0 
10 0 

0 C 

0 0 
3 C 

2 9 
9 0 


0 0 
3 0 


0 l 
0 0 


* 7 Geo. IV. c. 48. (6 July, 1826.) * 9 Geo. IV. c. 76. (11 Aug. 1828.) 

II10 Geo. IV. c. 43. (22 June, 1829 ) f 2 & 3 Wm. IV. c. 84. (4 Aug. 1822.) 

#* 59 Geo. Ill. c. 53. 



















































TABLE OF DUTIES. 


589 


Toys, for every 100/. of the value. See Note under Mirrors .20 0 0 

Treacle of Venice, the lb. 0 3 6 

Trees, see Plants. 

Truffles, the lb. 0 2 6 

Turbith, the lb. 0 2 6 

Turmerick, the cwt. *.0 10 0 

- imported from any British Possession, the cwt. 1 .0 2 4 

Turnery, not otherwise enumerated or described, for every 100/. of the value 30 0 0 

Turpentine, viz.— 

- not being of greater value than 12s. the cwt. thereof, the cwt.0 4 4 

- being of greater value than 12s. and not of greater value than 15s. 

the cwt. thereof, the cwt. ||. 0 5 4 

■ being of greater value the cwt. thereof, the cwt. 1 6 2 

--- of Venice, Scio, or Cyprus, the lb. 0 0 10 

Tutiae Lapis, see Lapis. 

Twine, the cwt... 1 \ 1 q 

VALONIA, the cwt. «f[. 0 10 

Vanelloes, the lb. . 0 5 0 

Varnish, not otherwise enumerated or described, for every 100/. of the value 30 0 0 

Vases, viz.—Ancient, not of Stone or Marble, for every 100/. of the value .. 5 0 0 

-of Marble or Stone, see Stone. 

Vellum, the skin. 0 7 2 

Verdigrise, the lb. . 0 10 

Verjuice, the tun.73 12 9 

Vermicelli, the lb. <f[. 0 0 2 

Vermilion, the lb. . 0 0 6 

Vetches, see Tares. 

Vinegar, or Acetous Acid, the tun.18 18 0 

Vinelloes, see Vanelloes. 

WAFERS, the lb. 0 1 3 

Washing Balls, the lb. . 0 1 8 

Watches, of Gold, Silver, or any other Metal, for every 100/. of the value.. .25 0 0 

Watch Glasses, for every 100/. of the value. 20 0 0 

-and further for every cwt.4 0 0 

Water, viz.—Arquebusade,—Citron,—Cordial,—Hungary,—and L avender 
Waters, see Spirits. 

-Cologne Water, the Flask, thirty of such Flasks not containing more 

than one gallon.0 1 0 

The Glass not to be charged with duty if imported in Flasks. Cus. Min. 

1 Nov. 1824. 

-Mineral or Natural Water, the dozen bottles or flasks, each bottle or 

flask not exceeding three pints. 0 4 0 

The Duty of 4s. the dozen bottles or flasks, includes the Contents as well as 
the Package. Cus. Min. 1 Nov. 1824, (except 5s. the cwt. if in Earthen 
or Stone Bottles.) 

-Strong Water, see Spirits. 

Wax, viz.—Bees’Wax, unbleached, the cwt. §.3 0 0 

.in any degree bleached, the cwt. §.4 10 0 

■-imported from any British Possession in Asia, 

Africa, or America,§ viz.— 

. unbleached, the cwt. §. 2 0 0 

...... in any degree bleached, the cwt. §. 2 10 C 

- Myrtle Wax, the lb. 0 1 0 

•- Sealing Wax, for every 100/. of the value .....30 0 0 

Weld, the cwt. 0 1 0 

Whale Fins, taken and caught by the crew of a British ship, and imported 
direct from the Fishery,—or from any British Possession in a Bri¬ 
tish ship, the ton. 1 0 0 

-of Foreign Fishing, the ton.95 0 0 

Whipcord, the lb. 0 1 0 


* 7 Geo. IV. c. 48. (6 July, 1826.) + 9 Geo. IV. c. 76. (11 Aug. 1828.) 

§ 1 and 2 Wm. IV. c. 16. (2 Jan. 1832.) f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 
|| 10 Geo. IV. c. 43. (22 June, 1‘829.) 




















































590 


TABLE OF DUTIES. 


£ s. d. 


.25 

0 

0 

. 1 

0 

0 

. 1 

0 

0 


0 

0 


1 

10 

. 0 

1 

0 

i- 

8 

4 

'» 

. 0 

’s 

0 

10 

u 



.18 

2 

7 

.27 

0 

0 


Wine, viz.**—the produce of the Cape of Good Hope or of the territories or 

dependencies thereof, and imported directly from thence, the gallon 0 

—— all other Wine, the gallon.. 0 

-Wine Lees subject to the same duty as Wine. 

-*** Surplus Stores, see page 452. 

For Drawback , sec page 627. 

Wire, viz.—Brass or Copper, not otherwise enumerated or described, the cwt. 2 10 

- Gilt or Plated, for every 100/. of the value. 

- Iron, not otherwise enumerated or described, the cwt. 

—— Latten, the cwt. 

- Silver, for every 100/. of the value. 

- Steel, the lb. 

Woad, the cwt. . . .. 

Wood, viz.—ff Anchor Stocks, the piece... •••••< 

-- of the growth and production of any British Posses¬ 
sion in America, and imported direct from thence, 
the piece. 

Anchor Stocks imported from New South Wales and Van Diemen’s 
Land, may be admitted to entry on payment of 5/. per cent, ad va¬ 
lorem. —Treas. Order, 20 April, 1825, and 27 Feb. 1880. 

-Balks, under 5 in. square and under 24 ft. in length, the 120.. 

-under 5 in. square and 24 ft. in length or upwards, the 120 . .27 

*** 5 in. square or upwards, are subject and liable to the duties 
payable on Fir Timber. 

-Balks, of the growth and produce of any British Possession in Ame¬ 
rica, and imported directly from thence, under 5 in. square, 

and under 24 ft. in length, the 120 . 3 5 0 

-under 5 in. square, and 24 ft. in length, or upwards, the 120 4 17 G 

%* 5 in. square, or upwards, are subject and liable to the duties 
payable on Fir Timber. 

--Battens imported into Great Britain , viz.-— 

- 6 ft. and not exceeding 16 ft. in length, not above 7 in. in 

width, and not above 2f in. in thickness, the 120 .10 0 0 

■ — ... exceeding 16 ft and not exceeding 21 ft. in length, not above 

7 in. in width, and not exceeding 2| in. in thickness, the 

120... ....... .11 10 0 

- exceeding 21 ft. in length, not above 7 in. in width, or if ex¬ 
ceeding 21 in. in thickness, the 120 .20 0 0 

- above 45 ft. in length, or above 2| in. in thickness, (not 

being timber 8 in. square,) the load containing 50 cubit 

feet *. 2 10 0 

- and further, the 120 *.... 6 0 0 

-Battens of the growth and produce of any British Possession in 

America, and imported directly from thence into Great 
Britain , viz.— 

- 6 ft. and not exceeding 16 ft. in length, not above 7 in. in 

width, and not exceeding 2| in. in thickness, the 120.... 1 0 0 

- exceeding 16 ft. and not exceeding 21 ft. in length, and not 

above 7 in. in width, and not exceeding 2f in. in thickness, 

the 120. 1 3 0 

- exceeding 21 ft. in length, not above 7 in. in width, or if 

exceeding 2f in. in thickness, the 120. 2 0 0 

-Battens imported into Ireland , viz.— 

- 8 ft. and not exceeding 12 ft. in length, not above 7 in. in 

width, and not exceeding 3i in. in thickness, the 120 .... 8 6 3 

- exceeding 12 ft. and not exceeding 14 ft. in length, not above 

7 in. in width, and not exceeding 31 in. in thickness, the 

120. 7... . 9 14 0 

-exceeding 14 ft. and not* exceeding 16 ft. in length, not above 

7 in. in width, and not exceeding 34 in. in thickness, the 
120 . .........11 1 8 


* 7 Geo. IV. c. 48. (6 July, 1826.) 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 

** 1 & 2 Wm. IV. c. 30. (20 July, 1831.) 
ff See 10 Geo. IV. c. 43. § 15. page 655. 










































TABLE OF DUTIES, 


59 i 


Wood continued. £. 

Battens exceeding 16 ft. and not exceeding 18 ft. in length, not above 
7 in. in width, and not exceeding 31 in. in thickness, the 

120 .?....:...i2 

- exceeding 18 ft. and not exceeding 20 ft. in length, not above 

7 in. in width, and not exceeding 31 in. in thickness, the 

120.......13 

--— exceeding 20 ft. in length, not above 7 in. in width, and not 

exceeding 3^ in. in thickness, the 120.34 

-- exceeding 45 ft. in length, or above 3£ in. in thickness, (not 

being timber 8 in. square,) the load containing 50 cubic 

feet *... 2 

-- and further, the 120*. 6 

-Batten ends, imported into Great Britain, viz.— 

- under 6 ft. in length, not above 7 in. in width, and not 

exceeding 2| in. in thickness, the 120.3 

- under 6 ft. in length, not above 7 in. in width, and exceed¬ 
ing 2f in. in thickness, the 120. 6 

— - Batten ends, of the growth and produce of any British Possession in 

America, and imported directly from thence into Great 
Britain, viz.— 

- under 6 ft. in length, not above 7 in. in width, and not 

exceeding 2| in. in thickness, the 120.0 

-under 6 ft. in length, not above 7 in. in width, and exceed¬ 
ing 21 in. in thickness, the 120.0 

Batten ends, imported into Ireland, viz.— 

- under 8 ft. in length, not above 7 in. in width, and not 

exceeding 3J in. in thickness, the 120.. 4 

- under 8 ft. in length, if exceeding 34 in. in thickness, the 

120. 9 

— -Battens and Batten ends, of all sorts, of the growth and produce of 

any British Possession in America, and imported directly 

from thence, the 120 ..0 

- - Beech Plank, 2 in. in thickness, or upwards, the load containing 50 

cubic feet . 2 

-of all sorts, of the growth and produce of any British 

Possession in America, and imported directly from 

thence, the 120 *. 0 

-Beech Quarter, viz.—under 5 in square, and under 24 ft. in length, 

the 120. 4 

-5 in. and under 8 in. square, or if 24 ft. in length, or 

upwards, the 120.12 

■ of all sorts, under 8 in. square, of the growth and pro¬ 

duce of any British Possession in America, and im¬ 
ported directly from thence, the 120.0 

-— Beech Boards, viz.—under 2 in. in thickness, and under 15 ft. in 

length, the 120 .. .. 4 

--under 2 in. in thickness, and if 15 ft. in length, or 

upwards, the 120. 8 

-Clap Boards, viz.—not exceeding 5 ft. 3 in. in length, and under 

8 in. square, the 120. 6 

--of the growth and produce of any British Possession in 

America, and imported directly from thence, the 120 . 0 

- Linn Boards, or White Boards for Shoemakers, viz.— 

- under 4 ft. in length, and under 6 in. in thickness, the 

120. 6 

---4 ft. in length, or 6 in. in thickness, or upwards, the 120.13 

-Oak Boards, viz.—under 2 in. in thickness, and under 15 ft. in 

length, the 120.18 

-under 2 in. in thickness, and if 15 ft. in length, or up¬ 
wards, the 120 ...36 

-Outside Slabs, or Paling Boards, hewed on one side, not exceeding 

7 ft. in length, and not above 1^ in. in thickness, the 120.2 

--exceeding 7 ft. in length, and not exceeding 12 ft. in 

length, and not above 1^ in. in thickness, the 120 . 4 


s. d. 

9 4 

17 2 
6 1 

10 0 
0 0 

0 0 
0 0 

7 6 

15 0 

14 5 

3 1 

8 3 
8 9 

8 4 
10 8 

3 6 

16 3 

9 6 
19 0 

2 0 

12 4 

16 6 

13 0 

1 0 
2 0 
0 0 
0 0 


* 7 Geo. IV. c. 48. (6 July, 1826.) 
























































592 TABLE OF DUTIES. 

Wood continued. . # £ 

exceeding 12 ft. in length, or exceeding in. in 
thickness, are subject and liable to the duties payable 
on Deals. 

_hewed on one side, of the growth and produce of any 

British Possession in America, and imported directly 
from thence, viz— 

-not exceeding 7 ft. in length, and not above 1 £ in. in 

thickness, the 120... 0 

-exceeding 7 ft. and not exceeding 12 ft. in length, and 

not above 1| in. in thickness, the 120.0 

*** exceeding 12 ft. in length, or exceeding 1£ in. in 
thickness, are subject and liable to the duties pay¬ 
able on Deals. 

_Pipe Boards, viz.—above 5 ft. 3 in. and not exceeding 8 ft. in length, 

and under 8 in. square, the 120.9 

-exceeding 8 ft. in length, and under 8 in. square, the 

120.18 

-of all sorts, exceeding 5 ft. 3 in. in length, and under 8 

in. square, of the growth and produce of any British 
Possession in America, and imported directly from 

thente, the 120. 0 

-Wainscot Boards, viz. the foot, containing 12 ft. in length, and one 

in. in thickness, and so in proportion for any greater or lesser length 

or thickness. 0 

-Boards of all sorts, not otherwise enumerated or described, of the 

growth and produce of any British Possession in America, and im¬ 
ported directly from thence, the 120. 0 

-Bowsprits, see Masts. 

-Deals to be used in Mines , viz. above 7 in. in width, being 8 ft. and 

not above 10 ft. in length, and not exceeding 11 in. in thickness, 

the 120. 8 

* # * For the amount of drawback on Deals and Timber used in Mines, 
see page 622. 

-Deals, imported into Great Britain, &z.— 

--—Srabove 7 in. in width, being 6 ft. and not above 16 ft. in 

* length, and not exceeding 3J in. in thickness, the 120... 19 

-above 7 in. in width, above 16 ft. and not above 21 ft. in 

length, and not exceeding 3J in. in thickness, the 120 . .22 

-above 7 in. in width, above 21 ft. and not above 45 ft. in 

length, and not above 3^ in. in thickness, the 120..... .44 

-above 45 ft. in length, or above 31 in. in thickness, (not 

being Timber 8 in. square or upwards) the load con¬ 
taining 50 cubic ft. ..2 

-and further the 120... 6 

-Deals of the growth and produce of any British Possession in Ame¬ 
rica, and imported directly from thence into Great Britain, viz.— 

-above 7 in. in width, being 6 ft. and not above 16 ft. in 

length, and not exceeding 3J in. in thickness, the 120 .. 2 

-— above 7 in. in width, above 16 ft. and not above 21 ft. in 

length, and not exceeding 3^ in. in thickness, the 120.. 2 

•-Deals above 7 in. in width, being 6 ft. and not above 21 ft. in length, 

and exceeding 3^ in. in thickness, the 120. 4 

. - above 7 in. in width, exceeding 21 ft. in length, and not ex¬ 
ceeding 4 in. in thickness, the 120.5 

-above 7 in. in width, exceeding 21 ft. in length, and exceed¬ 
ing 4 in. in thickness, (not being timber 8 in. square or up¬ 
wards) the 120.10 

— — ■- Deals, imported into Ireland , viz.— 

-above 7 in. and not exceeding 12 in. in width, and not exceed- 

ing 3^ in. in thickness, viz.— 

-S ft. and not exceeding 12 ft. in length, the 120.12 

-exceeding 12 ft. and not exceeding 14 ft. in length, the- 

120 .14 

-exceeding 14 ft. and not exceeding 16 ft. in length, the 

120.,.16 

— - exceeding 16 ft. and not exceeding 18 ft. in length, the 

120.18 


. s. d . 


5 0 
10 0 

3 0 

6 0 

19 6 

4 0 

8 4 

2 6 

0 0 
0 0 
0 0 

10 0 
0 0 

0 0 
10 0 
0 0 
0 0 

0 0 

9 5 
11 0 
12 6 
14 


1 














































TABLE OF DUTIES. 


593 

Wood continued. £. s. d. 

Deals, exceeding 18 ft. and not exceeding 20 ft. in length, the 120 .20 15 7 

-above 7 in. and-not exceeding 12 in. in width, and exceeding 

3£ in. in thickness, viz. 8 ft. and not exceeding 20 ft. in 

length, the 120. 41 11 3 

—- above 7 in. and not exceeding 12 in. in width, and not ex¬ 

ceeding 4 in. in thickness, and exceeding 20 ft. in length, 

the 120.51 9 2 

-above 7 in. and not exceeding 12 in. in width, and exceeding 

4 in. in thickness, and exceeding 20 ft. in length, the 120 .100 6 1 

On the petition of the Irish merchants in regard to the duty chargeable 
in Ireland on Deals above 20 ft. and not exceeding 21 ft. in length, the 
Lords of the Treasury decided, that under the Act of Union, no articles 
whatever should be charged with a higher duty in Ireland than in Eng¬ 
land, and if therefore in any case Deals imported into Ireland vvould, ac¬ 
cording to the graduated scale in use in that country, be charged with a 
higher rate of duty than Deals of the same dimensions imported into Eng¬ 
land, the duty should be reduced so as to be equal only to that charged in 
England. Treas. Order, 11th, and Cus. Min. 12th Aug. 1826. 

-Deal ends, imported into Great Britain, viz.— 

-above 7 in. in width, being under 6 ft. in length, and not 

exceeding 3^ in. in thickness, the 120 . 6 0 0 

-above 7 in. in width, being under 6 ft. in length, and ex¬ 
ceeding 3J in. in thickness, the 120 .12 0 0 

-of the growth and produce of any British Possession in 

America, and imported directly from thence into Great 
Britain, viz.— 

-above 7 in. in width, being under 6 ft. in length, and not 

exceeding 3 \ in. in thickness, the 120.0 15 0 

-above 7 in. in width, being under 6 ft. in length, and ex¬ 
ceeding 3£ in. in thickness,the 120*.. 1 10 0 

•-Deal Ends imported into Ireland, viz.— 

.-above 7 in. and not exceeding 12 in. in width, and under 

8 ft. in length, viz.— 

-not exceeding 3| in. in thickness, the 120. 7 1 8 

-exceeding 3£ in. in thickness, the 120.. ............13 14 8 

-Deals and Deal Ends, viz.—of all sorts, of the growth and produce 

of any British Possessions in America, and imported 

directly from thence into Ireland, the 120 . 0 8 3 

-and further, on all Deals and Deal Ends imported 

into Ireland of the aforesaid lengths and thicknesses, 
but of the following widths, the additional duties fol¬ 
lowing, viz.— 

-— if exceeding 12 in. and not exceeding 

in. in width twenty-five per cent. . .. 

-- if exceeding 15 in. and not exceeding 

in. in width fifty per cent. 

-if exceeding 18 in. and not exceeding 

in. in width seventy-five per cent.... 

1 100 per cent., or an 
additional duty, 
equal to the afore¬ 
said rates respec¬ 
tively. 

*** Deals, commonly called Screw Boards, not exceeding 8 ft. in length, 
brought as stowage for cargoes of Hemp and Fiax, may be reduced to 
firewood, and be admitted to entry as such. Cus. Min. 9 Jan. 1622.— 


See Note under Firewood, in Wood. 

Firewood, not fit or proper to be used other than as such, viz.— 

-the fathom 6 ft. wide and 6 ft. high.0 19 0 


America,** and imported directly from thence, the fathom 
6 ft. wide and 6 ft. high.0 0 10 


All Deals, Deal ends, and such like articles of wood, split or used as 
Dunnage, which may not be worth the rated duties chargeable thereon, are 
to be measured and passed at the duty on Fire wood, on being first re¬ 
duced, at the proprietor’s expense, to lengths not exceeding one foot and a 


* 0 | J of the said rates. 
^ j- ^ of ditto. 

21 j-1 of ditto. 







































TABLE OF DUTIES. 


594 


Wood continued. £. 

half in measure, or be so split as to be rendered unfit for any other pur¬ 
pose than firewood, and prior to its admeasurement in the fathom takes 
place, which must be six feet long, six feet wide, and six feet high. Cus. 
Min. 10 Oct. 1820, and 18 Aug. 1825. 

Note.— Deals, Deal Ends, and such like articles of Wood, split or used as 
Dunnage, which may not be worth the rated duty, may be passed as Fire¬ 
wood, on being first reduced and rendered unfit for any other purpose, at 
the Importer’s expense.—Cus. Min. 28 June, 1824. 

--Fir Quarters, viz. under 5 in. square, and under 24 ft. in length, the 

120.18 

- - - under 5 in. square, and 24 ft. in length, or upwards, the 

120.27 

*-— 5 in. square or upwards are subject and liable to the 

duties payable on Fir Timber. 

-Fir Quarters, of the growth and produce of any British Possession 

in America, and imported directly from thence, viz.— 

-under 5 in. square, and under 24 ft. in length, the 120 3 

-under 5 in. square, and 24 ft. in length, or upwards, 


the 120 .<...4 

5 in. square, or upwards, are subject and liable to the 
duties payable on Fir Timber. 

Fir Timber, see Timber. 

Handspikes, viz.—under 7 ft. in length, the 120. 2 

-7 ft. in length, or upwards, the 120. 4 

Handspikes, of the growth and produce of any British Possession in 
America, and imported directly from thence, viz.— 

-under 7 ft. in length, the 120. 0 

-7 ft. in length, or upwards, the 120. 0 

Knees of Oak, viz.—under 5 in. square, the 120. 0 

-5 in. square, and under 8 in. square, the 120.4 

■ . 8 in. square or upwards, the load containing 50 cubic ft. 1 

Knees of Oak, of the growth of any British Possession in America, 
and imported directly from thence, viz.— 

-- under 5 in. square, the 120. 0 

-— 5 in. square, and under 8 in. square, the 120. 0 

-8 in. sq. or upwards, the load containing 50 cubic ft....... . 0 

Lathwood, viz.—**in pieces under 5 ft. in length, the fathom, 6 ft. 

wide and 6 ft. high. 4 

-in pieces 5 ft. in length, and under' 8 ft. in length, the 

fathom, 6 ft. wide and 6 ft. high. 6 

-8 ft. in length and under 12 ft. in length, the fathom, 6 ft. 

wide and 6 ft. high.10 


-— 12 ft. long or upwards,the fathom, 6 ft. wide and 6 ft. high. 13 

Lathwood, of the growth of any British Possession in America, and 
imported directly from thence, viz.— 


-in pieces under 5 ft. in length, the fathom, 6 ft. wide and 

6 ft. high. 0 

-in pieces 5 ft. in length or upwards, the fathom, 6 ft. wide 

and 6 ft. high. 1 

Masts, Yards, or Bowsprits, viz.— 

-6 in. in diameter, and under 8 in. each. 0 

-8 in. in diameter, and under 12 in. each. I 


Masts, Yards, or Bowsprits, of the growth of any British Possession 
in America, and imported directly from thence, viz.—** 

-6 in. in diameter and under 8 in. each. 0 

-8 in. in diameter, and under 12 in. each. 0 

- 12 in. in diameter or upwards, the load containing 50 cubic ft.. 0 

Oak Plank, viz.—2 in. in thickness, or upwards, the load contain¬ 
ing 50 cubic ft. 4 

Oak Plank, of the growth of any British Possession in America, and 
imported directly from thence, viz.— 


cubic ft. q 

Oak Timber, see Timber. 


s. 


2 

0 


5 

17 


0 

0 


2 

5 

10 

0 

6 


2 

15 
5 

5 

16 

4 

12 


15 

5 

8 

2 

15 


1 

4 

10 

0 


15 




<1, 


7 

0 


0 

6 


0 

0 


6 

0 

0 

0 

0 


0 

0 

0 

0 

0 

0 

0 



0 


0 


** See 7 Geo. IV, c. 43 .. 45. p ge 651, and 10 Geo. IV. c. 43. § 15. p g.-65 . 


































































TABLE OF DUTIES. 


59 b 


Wood continued. £ t 

■-Oars, the 120.14 19 3 

-of the growth of any British Possession in America, and im¬ 
ported directly from thence, the 120 . 0 i 9 6 

-Shingles, see 10 Geo. IV. c. 43. § 15. page 655. 

*- Spars, viz.—under 22 ft. in length, and under 4 in. in diameter, ex¬ 
clusive of the Bark, the 120. 2 8 0 

-22 ft. in length or upwards, and under 4 in. in diameter, ex¬ 
clusive of the Bark, the 120 . 4 5 0 

-4 in. in diameter and under 6 in. in diameter, exclusive of 

the Bark, the 120. 9 0 0 

-of the growth of any British Possession in America, and im¬ 
ported directly from thence, viz.— 

-under 22 ft. in length, and under 4 in. in diameter, exclusive 

of the Bark, the 120. 0 9 0 

-22 ft. in length or upwards, and under 4 in. in diameter, ex¬ 
clusive of the Bark, the 120.. 0 16 0 

-4 in. in diameter, and under 6 in. in diameter, exclusive of 

the Bark, the 120. 1 15 0 

The diameter for duty of all Lancewood Spars under 22 feet in length, is to 
be taken at 11 feet from the butt. Treas. Order, 7 Nov. 1823. 

-Spokes for Wheels, viz..— 

—--not exceeding 2 ft. in length, the 1000 . 3 7 4 

--exceeding 2 ff. in length, the 1000 . 6 14 8 

-of all sorts, of the growth of any British Possession in Ame¬ 
rica, and imported directly from thence, the 1000 . 0 6 4 

Wheel Spokes, Tree Nails, and other Wood Goods imported from Van Die¬ 
men’s Land, produce of the Colony, upon the same terms as similar arti¬ 
cles imported from New South Wales. Treas. Order, 4 May, 1830. 


- Staves, viz.—**not exceeding 36 in. in length, not above 3 in. in 

thickness, and not exceeding 7 in. in breadth, the 120. 1 3 0 

-above 36 in. and not exceeding 50 in. in length, not above 3 

in. in thickness, and not exceeding 7 in. in breadth, the 120. 2 6 0 

-above 50 in. and not exceeding 60 in. in length, not above 3 

in. in thickness, and not exceeding 7 in. in breadth, the 120. 3 0 0 

--above 60 in. and not exceeding 72 in. in length, and not above 

3 in. in thickness, and not exceeding 7 in. in breadth, the 

120 ... 4 4 0 

- above 72 in. in length, not above 3 in. in thickness, and not 

exceeding 7 in. in breadth, the 120. 4 16 0 

Above 3 in. in thickness, or above 7 in. in breadth, and not 
exceeding 63 in. in length, shall be deemed Clap Boards, 
and be charged with duty accordingly. 

* 5 j 5 * Above 3 in. in thickness, or above 7 in. in breadth, and ex¬ 
ceeding 63 in. in length, shall be deemed Pipe Boards, and 
be charged with duty accordingly. 

By the 7 and 8 Geo. IV. c. 56. Staves imported from any Foreign country 
in America, or from the Ionian Islands, to be charged with the same duty 
as the like Staves are charged with when imported from other Foreign 
countries. 

- Staves of the growth of any British Possession in America, and im¬ 

ported directly from thence, viz.— 

_not exceeding 36 in. in lengih, not above 3d in. in thickness, 

and not exceeding 7 in. in breadth, the 120. 0 2 0 

- above 36 in. and not exceeding 50 in. in length, not above 3^ 

in. in thickness, and not exceeding 7 in. in breadth, the 120. 0 4 0 

——,— above 50 in. and not exceeding 60 in. in length, not above 3£ 

in. in thickness, and not exceeding 7 in. in breadth, the 120. 0 6 0 

-above 60 in. and not exceeding 72 in. in length, not above 3d 

in. in thickness, and not exceeding 7 in. in breadth, the 120. 0 8 0 

-above 72 in. in length, not above 3^ in. in thickness, and not 


exceeding 7 in. in breadth, the 120. 0 10 0 

not exceeding Id in. in thickness, shall be charged )d part duty on such 
with .J Staves. 


** See 7 Geo. IV. c. 48. § 45. page 651, and 10 Geo. IV. c. 43. § 15. page 655 

2 q 2 









































TABLE OF DUTIES. 


596 

Wood continued. £• s. d. 

* t * Above in. in thickness, or above 7 in. in breadth, and not 
exceeding*63 in. in length, shall be deemed Clap Boards, 
and be charged with duty accordingly. 

* # * Above 3± in. in thickness, or above 7 in. in breadth, and ex¬ 
ceeding 63 in. in length, shall be deemed Pipe Boards, and 
be charged with duty accordingly. 

See Note under Train Oil in Oil. 

-Teak Wood, the load, containing 50 cubic ft. 1 10 0 

-of the growth of any British Possession in Africa, the 

load containing 50 cubic ft.0 10 0 

*** fit for Ship building, imported from the East Indies, see Wood 
( below .) 

.. Timber, viz.— 

*-Fir Timber, 8 in. square or upwards, the load containing 50 


cubic ft. 2 15 0 

of the growth of any British Possession in America,** and 
imported directly from thence, 8 in. square or upwards, the 
load containing 50 cubic ft. 0 10 0 


Hemlock Timber, to pay duty as Fir Timber. Cus. Min. 18 Aug 1825. 

-Oak Timber, 8 in. square or upwards, the load containing 50 cubic ft. 2 15 0 

-of the growth of any British Possession in America, im¬ 
ported directly from thence, 8 in. square or upwards, the 

load containing 50 cubic ft. 0 10 0 

-Timber of all sorts, not particularly enumerated or described, nor 

otherwise charged with duty, being 8 in. square or upwards, the 

load containing 50 cubic ft... 1 8 0 

-being of the growth of any British Possession in Ame¬ 
rica,** and imported directly from thence, being 8 in. 
square or upwards, the load containing 50 cubic ft.... 0 5 0 

Timber Ends remaining on board ships after their cargoes of Timber have 
been delivered, are to be charged with the proper duty instead of being 
left on board. Cus. Min. 9 Aug. 1797. 

Drawback on Timber used in Mines.—See page 622. 

-Ufers, viz.—under 5 in. square, and under 24 ft. in length, the 120 .18 2 7 

-under 5 in. square, and 24 ft. in length, or upwards, the 120.27 0 0 

* # * 5 in. square or upwards, are subject and liable to the duties pay¬ 
able on Fir Timber. 

-Ufers, of the growth of any British Possession in America, and im¬ 
ported directly from thence, viz.— 

-under 5 in. square and under 24 ft. in length, the 120*. 3 5 0 

-under 5 in. square and 24 ft. in length, or upwards, the 120 . .4 17 6 

* # * 5 in. square or upwards, are subject and liable to the duties pay¬ 
able on Fir Timber. 

- Wainscot Logs, viz.— 

- 8 in. square or upwards, the load containing 50 cubic ft.. 2 15 0 

- - Wainscot Logs, of the growth of any British Possession in America, 

and imported directly from thence, xhe load containing 


50 cubic ft. 0 12 0 

-Wood 8 in. square and upwards, fit for Ship building, the produce of, 

and imported from New South Wales, Norfolk Island, New Zealand, 
or Van Diemen’s Land, or their dependencies, until 1 Jan. 1833.ff. Free. 

-Wood fit for Ship-building, imported from any British Possession within 

the limits of the East India Company’s Charter, the load of 50 

cubic ft.f. 0 0 1 

-imported from any other place within those limits, the load^[. 0 10 0 

- Unmanufactured, of the growth of any British Possession in America, 

not particularly enumerated or described, nor otherwise charged with 

duty, for every 100 /. of the value .. •... 5 () 0 

- Unmanufactured, not particularly enumerated or described, and on 

which the duties due on importation are payable according to the 
value thereof, being the growth of the British Limits within the Pro¬ 
vince of Yucatan , in the Bay of Honduras , and imported directly 
from the said Bay, for every 100/. of the value. 5 0 0 






























TABLE OF DUTIES. 


597 


Wood continued. £. s. d. 

Unmanufactured, not particularly enumerated or described, nor other¬ 
wise charged with duty, for every 100 /. of the value. 20 0 0 

Wool., viz.—Beaver Wool, the lb. 0 17 

-cut and combed, the lb. 0 4 9 

-Bison or Buffalo Wool, the produce of, and imported directly from, 

any British Possession, the lb.0 0 4 

-of any other place, or if otherwise imported, the lb. ... 0 0 6 

- Carmenia Wool, the lb. 0 0 1 

- Coney Wool, the lb. 0 0 2 

- Cotton Wool, or Waste of Cotton Wool, viz.— 

-the produce of, and imported from any British Possession, 

the cwt. 1 . 0 0 4 

-the produce of any foreign country, or imported from any 

foreign country, the cwt. § . 0 5 10 

Cotton Wool and other articles the produce of the Brazils, may be imported 


into the United Kingdom, for home consumption, either from Brazil or 


Portugal, under the Treaty of 1810 with that country. 

2 per cent, is to be allowed for tare on Cotton Wool from the Brazils and St. 

Domingo, and 3 per cent, from all other places, exclusive of Ropes. Treas. 

Order, 10 March, 1821. 

- Goats’Wool, or Hair, the lb. 0 0 l 

-the produce of, and imported from any British Possession Free. 

■-Manufactures of, sec Hair. 

- Hares’ Wool, the lb. 0 0 2 

-Lambs’ Woo!, see Sheep’s Wool. 

-- Ostrich Wool, the lb. 0 0 6 

- Polonia Wool, the lb. 0 0 6 

- Red Wool, the lb. 0 0 6 

- Sheep or Lambs’ Wool, viz.— 

- the produce of, and imported from any British Possession. Free. 

- the produce of, and imported from any other place, viz.— 

-not being the value of Is. the lb., the lb. 0 0 \ 


-being of the value of Is. the lb. or upwards, the lb... 0 0 T 

10 lbs. the cwt. is to be allowed for tare on bags of Spanish Wool of the ordi¬ 
nary texture, the Officer being at liberty to tare any such bags which may 
appear to be less than 8 lbs. the cwt. or any bags of a different texture from 
those in which Spanish Wool is generally imported; or whenever he may 
have reason to suspect the fraudulent concealment of any other article 
than Wool in the package. Treas. Order, 13 Oct. 1820. 

Woollens, viz.—Manufactures of Wool, not being Goats’ Wool or of Wool 
mixed with Cotton, not particularly enumerated or described, 
nor otherwise charged with duty, for every 100 /. of the value 15 0 0 

Articles of Manufactures of Wool, not being Goats’ Wool, or 
Wool mixed with Cotton, wholly or in part made up, not other¬ 


wise charged with Duty, for every 100/. of the value*.20 0 0 

How Stuffs or Fabrics of Wool may be taken out of the Ware¬ 
house to be refreshed, &c. see page 612. 

Wreck, see Derelict. 

YARN, viz. Cable Yarn, the cwt. 0 10 9 

- Camel or Mohair Yarn, the lb.f. 0 0 1 

_Grogram Yarn, the lb. 0 0 6 

-Raw Linen Yarn, the cwt. .. 0 1 0 

-Worsted Yarn, of all sorts, the lb.f. 0 0 6 

ZAFFRE, the cwt.^f. 0 1 0 

Zebra Wood, the ton*.2 0 0 

Zedoaria, the lb.. .0 1 3 


* 7 Geo. IV. c. 48. (6 July, 1826.) f 7 & 8 Geo. IV. c. 56. (6 July, 1827.) 

I Geo. IV. c. 76. (11 Aug. 1828.) § 1 & 2 Wm. IV. c. 16. (24 Aug. 1831 

f 2 & 3 Wm. IV. c. 84. (4 Aug. 1832.) 











































598 


A TABLE OF DUTIES 

PAYABLE ON 

BRITISH GOODS EXPORTED FROM THE UNITED KINGDOM OF 
GREAT BRITAIN AND IRELAND. 


£. s. d. 


Coals, not being Small Coals, exported to any place not being a British Pos¬ 
session, viz.§— 

in a British Ship, the ton. 

in a Foreign Ship.. 

-Small Coals, Culm, and Cinders, exported to any place not being a 

British Possession, viz.— 

in a British Ship, the ton... 

in a Foreign Ship. 

For what shall be deemed Small Coals, see page 509. 


0 3 4 
0 6 8 


0 2 0 
0 4 0 


Skins, viz. 

- Coney, the 100 Skins ... 0 1 0 

- Hare, the 100 Skins.... 0 1 0 

Wool, of Sheep and Lambs, and of Hares and Contes, the cwt. J. 0 1 0 


Woollen Manufactures, viz. Woolfels, Mortlings, Shortlings, Yarn, Worsted, 
Wooflocks, Cruels, Coverlids, Waddings, or other manufactures, or 
pretended Manufactures, slightly wrought up or put together, so as 
that the same may be reduced to and made use of as Wool again, 
Mattresses or Beds stuffed with combed Wool, or Wool fit for 


combing and carding, the cwt.J. 0 1 0 

Goods, Wares, and Merchandize, of the Growth, Produce, or Manufacture 
of the United Kingdom, (except as hereinafter mentioned) not 
otherwise charged with duty, exported to any Port or Place what¬ 
ever, for every 100/. of the true or real value thereof §§. 0 10 0 


*#* Goods may be exported to the Hudson’s Bay Company’s Settlements on pay- 
ment of the same duties as are paid upon goods of the same description 
exported to other British Settlements. Cus. Min. 1 Nov. 1827. 


Exceptions. 

Bullion. 

Coals to a British Possession.—Treas. Order, 10 Sept. 1831. 

Coin.* *f[ 

Corn, Grain, Meal, Malt, Flour, Biscuit, Bran, Grits, Pearl Barley, and Scotch 
Barley. 

Cotton Yarn or other Cotton Manufactures. 

Fish, cured in any part of Great Britain and Ireland.* 

Linen, or Linen with Cotton mixed. 

Tape and Sail Cloth are deemed to be Linen Manufactures for the purposes 
of this exemption. Cus. Min. 16 March, 1808. 

-Bags, whether as Packages or Merchandize.—Cus. Min. 1 June, 1824. 

Mel asses. 

Military Clothing, Accoutrements, or appointments, exported under the authority of 
the Commissioners of his Majesty’s Treasury, and sent to any of his Ma¬ 
jesty’s Forces serving abroad. 

Military Stores exported to India by the East India Company.* 

Oil taken in the Greenland Seas and Davis’s Straits.—Cus. Min. 20 Aug. 1819. 
Packages, export Packages including iron-bound Puncheons, as well as all Packages 
in which it has been the usual practice to export Negro Clothing Corn, 
Clothes, &c.—Cus. Min. 16 Nov. 1826. b > 


§ 1 & 2 Wm. IV. c. 16. § 2. (1 March, 1831.) J 9 Geo. IV. c. 76. (11 Aug. 1828 ) 

* 5 Geo. IV. c. 64. § 8. §§ 7 Geo. IV. c. 48. (6 July, 1826.) 

^ an( I 3 Wm. IV. c. 84. ** But see page 505 

















TABLE OF DUTIES. 


599 


Salt. 

Sugar, refined, of all sorts, and Sugar Candy. 

Wool. 

Woollen Goods,—or Woollen and Cotton,—or Woollen and Linen,•[] mixed, exported 
to any Port or Place within the limits of the East India Company’s Charter, 
—or to the states of Rio de la Plata, [Cus. Min. 21 April, 1830,]—Buenos 
Ayres, [Treaty, 2 Feb. 1825.]—Columbia, [Treaty, 18 April, 1825,1— 
Mexico, [Treaty, 26 Dec. 1826,]—Sweden, [Treaty, 18 Mar. 1826,]—and 
the United States, [Treaty, 3 July, 1815,]—and [Cus. Order, 30 April, 
1830.] Seethe respective Treaties with those countries, page 526. et sequent. 

Goods, Wares, and Merchandise, exported to the Isle of Man, by virtue and under 
the authority of any Licence which the Commissioners of His Majesty’s 
Customs are or may be authorized and empowered to grant. 

Any sort of Craft,—Food,—Victuals,—Clothing,—or Implements or Materials neces- 
sary for the British Fisheries , established in the Island of Newfoundland ,— 
or in any of his Majesty’s Colonies, Islands, or Plantations in North America , 
on due entry thereof, and exported direct to the said Colonies, Islands, or 
Plantations. 


COUNTERVAILING DUTIES. 

Schedule of the articles to be charged with Countervailing Duties upon importation 
from Ireland into Great Britain, and from Great Britain into Ireland respectively 
according to the sixth Article of Union. (39 & 40 Geo. III. c. 67.) 

. *#* The following Duties are payable on Irish articles brought for consumptiou into Great 
.Britain, and the like amount is drawn back on the exportation of similar British articles to 
Ireland, except in the case of British Hops sent to Ireland, on which no Drawback is 
allowed. 

Note.—These Duties are paid to the Excise. 


£. s. d. 

Bottles, of Stone, not exceeding 2 quarts in measure, or the mouth or neck of 
which shall not exceed in diameter, in the narrowest part of the 
inside, 3 inches; or if made for Blacking, and shall not exceed one 
pint in measure, and the mouth or neck not less than 1 ^ inch in 
diameter in the narrowest part of the inside, and stamped in mak¬ 


ing with the words “ Blacking Bottles,’' the cwt. 0 5 0 

Bricks and Tiles, viz.—Bricks, not exceeding 10 inches long, 3 inches thick, 

and 5 inches wide, the 1000 . 0 5 10 

.exceeding those dimensions, the 1000 . 0 10 0 

■ . polished on one or more sides, not above 10 inches long by 

5 inches wide, the 1000 ... 0 12 10 

.above those dimensions, as paving Tiles. 

Tiles, viz. Plain Tiles, the 1000 . 0 5 8 

-Pan or Ridge, the 1000 . 0 12 10 

—— Paving Tiles, not exceeding 10 inches square, the 100 . 0 2 5 

.exceeding ditto, the 100. 0 4 10 

.all other Tile3, the 1000 . 0 4 10 

Hair Powder, see Starch. 

Hops, the lb.0 0 2 

Plate, Wrought, viz.—Gold, the oz. Troy. 0 16 0 

-Silver, the oz. Troy.... 0 0 6 

Printed Goods.—The Duties on Printed Goods removed from Ireland into 
Great Britain to cease from the 1 March, 1831.—Treas. Order, 15 
March, 1831. 

Soap, viz.—Hard, Cake, or Ball Soap, the lb. 0 0 3 

--Soft Soap, the lb. ^ 0 If 


% 2 and 3 Wm. IV. c. 84. § 37. 


























600 


TABLE OF DUTIES. 


Spirits made and extracted in Ireland, and warehoused there without pay¬ 
ment of duty, and imported into England, for every ] 00 gallons im¬ 
perial measure, of Spirits of the strength of proof, as denoted by 
Sykes’s hydrometer, and so in proportion for any greater or less degree 
of strength, or any greater or less quantity. (6 Geo. IV. c. 80. & 1 


Wm. IV. c. 49.).37 10 0 

— duty paid in Ireland, and imported into England, the gallon.0 4 2 

Starch or British Gum, or any Preparation of or from Starch, the lb. 0 0 3| 

Tiles, see Bricks. 


Any Goods mentioned in the above Table, of the growth, produce, or 
manufacture of the United Kingdoms, removed from one country to the other 
for the purpose of Exportation to foreign parts may be secured under the 
King’s locks without payment o! anyduty except such as may be due thereon 
on Exportation.—Treas. Order. 29 March, IS 13, aud Cus. Min. 19 June, 
1816. 


MEMORANDA. 


Glass.—Plate Glass, Broad Glass, and Crown Glass, shipped in Ireland for 
removal to Great Britain, must be accompanied with a Certificate of the 
payment of the duty thereon, under the penalty of the forfeiture of such Glass, 
and 500/.—6 Geo. IV. c. 117- § 28. and 9 Geo. IV. c. 48. § 7. 

Tea must be exported to Ireland in Ships of not less than 80 tons, and in the 
original package, and not containing less than when sold at East India Com¬ 
pany’s Sale, on pain of forfeiture.—And the full duties must be paid on Tea 
before it is delivered from the Warehouse in Great Britain to be removed to 
Ireland.—12 Geo. III. c. 60. and 9 Geo. IV. c. 44. 

Candles, Soap, and Starch are to be in packages not containing less than 
100 lbs. 

Paper, Button-board, Scale-board, and Paste-board, to be removed in the 
Original Package, with the Stamps affixed. 

Hops.—British Hops to continue in the Original Bags or Packages, unbroken, 
and with the Stamps perfect. 















WAREHOUSING. 


601 


CHAPTER VII. 


WAREHOUSING. 

6 Geo. IV. c. 112. 

An Act for the Warehousing of Goods. 

After reciting that by the 6 Geo. IV. c. 105. all the statutes relating to 
the customs will be repealed, and that it is expedient to make regulations 
for the lodging and securing in warehouses of such goods as may be 
imported, to be so lodged and secured; it is enacted, that from and 
after the 5th of January, 1826, this act shall come into and be and con¬ 
tinue in full force and operation for the warehousing of goods imported 
without payment of duty upon the first entry thereof, or notwithstanding 
that such goods may be prohibited to be imported into the United 
Kingdom to be used therein. § 1. 

Who to appoint warehousing ports and warehouses. —It shall be lawful 
for the commissioners of the treasury, by their warrant, to appoint the 
ports which shall be warehousing ports for the purposes of this act;— 
and it shall be lawful for the commissioners of customs, (subject to the 
directions of the commissioners of the treasury,) by their order, from time 
to time to appoint in what warehouses of special security, or of ordinary . 
security in such ports,—and in what different parts of such warehouses, 
—and in what manner any goods,—and what sorts of goods,—may and 
may only be warehoused and secured upon the first entry thereof,— 
or for exportation only , in cases wherein the same may be prohibited 
to be imported for home use ;* and also in such order to direct in what 
cases (if any) security by bond, in manner hereinafter provided, shall be 
required in respect of any warehouse so appointed. § 2. 

Warehouse of special security. —Whenever any warehouse shall have 
been approved of by the said commissioners as being a warehouse of 
special security, it shall be stated, in their order of appointment, that 
such warehouse is appointed as a warehouse of special security :—Pro¬ 
vided that all warehouses connected with wharfs for the landing of the 
goods, and enclosed together with such wharfs within walls, such as 
are or shall be required by any act for the constructing of such ware¬ 
houses and wharfs, and being appointed to be legal quays, shall without 
any order of the commissioners of customs be warehouses for the pur¬ 
poses of this act, for all goods landed at such wharfs or quays, at any 
port appointed by the commissioners of the treasury to be a ware¬ 
housing port, and all such warehouses shall be warehouses of special 
security. § 3. 

Bonds given in respect of goods warehoused , to continue in force .— 
All appointments of warehouses for the warehousing of goods under 
the authority of an act in force at the time of the commencement of this 
act, shall continue in force, as if the same had been made under this 


* See List of Goods which may not he warehoused, page 459. 




602 


WAREHOUSING. 


act, and all bonds given in respect of any goods warehoused or entered 
to be warehoused under any act in force at the commencement of this 
act, shall continue in force for the purposes of this act. § 4. 

Warehouses for tobacco. —The commissioners of customs shall, out 
of the duties of customs, provide warehouses for the warehousing of 
tobacco at the ports into which tobacco may be legally imported :— 
Provided that for every hogshead, chest, or case of tobacco so ware¬ 
housed, the importer or proprietor shall pay for warehouse rent 
such sum not exceeding any sum payable under any act in force at the 
time of the commencement of this act and at such periods and in such 
manner as the commissioners of the treasury shall by their warrant 
direct, and all such sums shall be paid and appropriated as duties of 
customs. § 5. 

Power to revoke or alter appointment. —It shall be lawful for the 
commissioners of the treasury by warrant,—and for the commissioners of 
customs by order,—to revoke any former warrant, or any former order, or 
to make any alteration in or addition to any former warrant or order. 
§ 6 . 

Publication in Gazette. —Every order made by the commissioners of 
customs in respect of warehouses of special security, as well those of 
original appointment, as those of revocation, alteration, or addition, 
shall be published in the London Gazette , for such as shall be appointed 
in Great Britain ; and in the Dublin Gazette , for such as shall be ap¬ 
pointed in Ireland. §7. 

Warehouse-keeper may give general bond. —Before any goods shall 
be entered to be warehoused in any warehouse, in respect of which 
security by bond shall be required, the proprietor or occupier of such 
warehouse, if he be willing, shall give general security by bond, with 
two sureties, for the payment of the full duties of importation, or for 
the due exportation thereof; and if such proprietor or occupier be 
not willing, the different importers shall, upon each importation, give 
such security in respect of the particular goods imported by them, before 
such goods shall be entered to be warehoused. § 8. 

Sale of goods in warehouse. —If any goods lodged in any warehouse 
shall be the property of the occupier and shall be bond fide sold by 
him, and upon such sale there shall have been a written agreement 
signed by the parties, or a written contract of sale made, executed, 
and delivered by a broker, or person authorized on behalf of the 
parties, and the amount of the price shall have been actually paid 
or secured to be paid by the purchaser, every such sale shall be valid, 
although such goods shall remain in such warehouse,—provided that a 
transfer of such goods shall have been entered in a book, to be kept by 
the officer of the customs having charge of such warehouse, who is to 
enter such transfers with the dates thereof, upon application of the 
owners, and to produce such book upon demand. § 9. 

Stowage in warehouse. —All goods warehoused shall be stowed in 
such manner as that easy access may be had to every package or parcel, 
and if the occupier shall omit so to stow the same, he shall forfeit 
five pounds; —and if any goods shall be taken out of any warehouse 
without due entry with the proper officers of customs, the occupier 
shall be liable to the payment of the duties. § 10. 

Goods fraudulently concealed or removed. —If any goods warehoused 
shall be fraudulently concealed in or removed from the warehouse, the 
same shall be forfeited; —and if any importer or proprietor of goods 
warehoused, or any person in his employ, shall, by any contrivance 


WAREHOUSING. 


603 


fraudulently, open the warehouse, or gain access to the goods except in 
the presence of the proper officer, such importer or proprietor shall 
forfeit Jive hundred pounds. §11. 

Examination on entry and landing. — Marking package. —Within one 
month after any tobacco shall have been warehoused—and upon the 
entry and landing of any other goods to be warehoused—the officer of 
customs shall take a particular account of the same, and shall mark the 
contents on each package, and shall mark the word “ prohibited ” on 
such as contain goods prohibited to be imported for home use—and all 
goods shall be warehoused and kept in the packages in which imported, 
and no alteration shall be made in the packages or the packing of any 
goods in the warehouse, except in cases hereinafter provided. § 12. 

How goods to be carried to warehouse. —All goods entered to be 
warehoused, or to be rewarehoused, shall be carried to the warehouse 
under the care or with the authority of the officer of customs, and in 
such manner, and by such persons and by such roads or ways, and 
within such time, as the officer shall authorize, and all goods not so 
carried shall be forfeited. § 13. 

Goods to be cleared in three years , Ships' stores in one year. —All 
goods warehoused shall be cleared, either for exportation or for home 
use, within three years—and all surplus stores of ships within one year 
from the first entry, (unless further time be given by the commissioners 
of the treasury,)—and if such goods be not so cleared, it shall be lawful 
for the-commissioners of customs to cause the same to be sold, and the 
produce shall be applied to the payment of warehouse rent and other 
charges, and the overplus paid to the proprietor—and such goods, when 
sold, shall be held subject to all the conditions to which they were sub¬ 
ject previous to such sale—except that a further time of three months 
from the date of sale be allowed to the purchaser for clearing from the 
warehouse—and if the goods so sold shall not be cleared within such 
three months , the same shall be forfeited: —Provided that if the goods 
shall have been imported by the East India company, or shall be of the 
description called “ piece goods,” imported from places within the limits 
of their charter into the port of London, the same shall, at the requisi¬ 
tion of the commissioners of customs, be exposed to sale by the said 
company at their next ensuing sale, and shall be then sold for the highest 
price offered. § 14. 

Accident in landing or shipping goods. —If any goods entered to be 
warehoused—or entered to be delivered from warehouse, shall be lost or 
destroyed by any unavoidable accident, (either on shipboard or in the 
landing or shipping, or in the receiving into or delivering from the ware¬ 
house,) it shall be lawful for the commissioners of customs to remit or 
return the duties on the quantity so lost or destroyed. § 15. 

Entry. —No goods warehoused shall be taken from the warehouse,— 
except upon due entry, and under care of officers for exportation,—or 
upon due entry and payment of the full duties for home use,—if they 
be such goods as may be used in the United Kingdom. § 16. 

How rum for stores, and surplus stores , may be shipped. — Any rum of 
the British plantations may be delivered into the charge of the searcher, 
to be shipped as stores for any ship without entry or payment of any 
duty,—and any surplus stores of any ship may be delivered into the 
charge of the searcher to be reshipped as stores for the same ship, or for 
the same master in another ship,—without entry or payment of any 
duty, (being duly borne upon the victualling bill,) and if the ship, for 


604 


WAREHOUSING. 


the future use of which any surplus stores have been warehoused, shall 
have been broken up or sold, such stores may be delivered for the use 
of any other ship belonging to the same owners, or may be entered for 
payment of duty, and delivered for the private use of such owners, or 
of the master or purser. § 17. 

Duties to be paid on original quantities. —Upon the entry of any such 
goods to be cleared from the warehouse, (if for home use,) the person 
entering inwards shall deliver a bill of the entry and duplicates thereof, 
in like manner as in the case of goods entered to be landed, as far as 
applicable, and at the time shall pay down to the officer of customs the 
full duties, and not being less in amount than according to the account 
of the quantity first taken, at the time of the first entry and landing, 
without any abatement on account of deficiency, except as by this act 
provided ;*—and if the entry be for exportation or for removal to any other 
warehouse ,—and any of the packages be deficient of the quantities, ac¬ 
cording to the account first taken, a like entry inwards shall also be 
passed in respect of the quantities deficient, and the full duties shall be 
paid on the amount thereof, before such packages shall be delivered or 
taken for exportation or removal, except as by this act provided ;—and 
if any goods deficient in quantity shall be such as are charged to pay 
duty according to the value, such value shall be estimated at the price 
for which the like sorts of goods of the best quality shall have been last 
or lately sold, either at any sale of the East India company, or in any 
other manner. § 18. 

Goods warehoused virtually. —If after any goods shall have been 
entered and landed to be warehoused, and before the same shall have 
been actually deposited, the importer shall further enter the same for 
home use or for exportation, the goods so entered shall be considered 
as virtually warehoused, although not actually deposited, and may 
be delivered and taken for home use and for exportation, as the case 
may be. § 19. 

Goods may be removed to other ports. Tobacco for the navy. —Any 
goods which have been warehoused at some port may be removed by 
sea or inland carriage to any other port, in which the like goods may be 
warehoused upon importation, to be rewarehoused at such other port, and 
again to any other such port, to be rewarehoused, subject to the regu¬ 
lations hereinafter mentioned ; (that is to say,) twelve hours’ notice in 
writing of the intention to remove such goods shall be given to the 
warehouse officer, specifying the particular goods, and the marks, num¬ 
bers and descriptions of the packages, in what ship imported, when and 
by whom entered inwards to be warehoused; and if subsequently re¬ 
warehoused, when and by whom rewarehoused, and to what port the 
same are to be removed ; and thereupon the warehouse officer shall 
take a particular account of such goods, and shall mark the contents 
on every package in preparation for the delivering of the same for the 
purposes of such removal, and previous to the delivery thereof may 
cause the proper seals of office to be affixed thereto:—Provided always, 
that tobacco the produce of the British possessions in America, or of 
the United States of America, and purchased for the use of his Majesty’s 
navy, may be removed by the purser of any ship of war in actual ser¬ 
vice, to the ports of Rochester, Portsmouth, or Plymouth, to be there 


* But see as tubacco, 7 Geo. IV. c. 48. § 36. post. 




WAREHOUSING. 


605 


re warehoused, in name of such purser, in such warehouse as shall be 
approved for that purpose by the commissioners of customs. § 20. 

Entry for removal , and re-entry for warehousing —Before such goods 
shall be delivered to be removed, due entry of the same shall be made, 
and a proper bill of such entry, with duplicates thereof, be delivered to 
the collector or comptroller, containing the before-mentioned particulars, 
and an exact account of the quantities of the different sorts of goods, and 
such bill of the entry, signed by the collector and comptroller, shall be the 
warrant for the removal; and an account of such goods, containing all 
such particulars, shall be transmitted by the officers of the port of removal 
to the officers of the port of destination ;—and upon the arrival of such 
goods at the port of destination, entry of the same to be rewarehoused 
shall in like manner be made with the collector and comptroller at such 
port, containing all the particulars and accounts before mentioned, together 
with the name of the port from which such goods have been removed, 
and the description and situation of the warehouse in which they are to 
be warehoused;—and the bill of such entry, signed by such collector 
and comptroller, shall be the warrant to the landing officer and the ware¬ 
house officer to admit such goods to be there rewarehoused, under such 
examination as is made of the like goods when first warehoused upon 
importation :—and the particulars to be contained in such notice and in 
such entries shall be written and arranged in such form and manner as 
the collector and comptroller shall require ;—and the officers at the port 
of arrival shall transmit to the officers at the port of removal an account 
of the goods so arrived according as they shall upon examination prove 
to be and the warehouse officers at the port of removal shall notify such 
arrival in their books. § 21. 

Bond to rewarehouse may be given at either port. —The persons re¬ 
moving such goods shall, at the time of entering the same, give bond, 
with one surety, for the due arrival and rewarehousing of such goods 
within a reasonable time, (with reference to the distance, to be fixed by 
the commissioners of customs,) which bond may be taken by the col¬ 
lector and comptroller either of the port of removal or of the port of 
destination, as shall best suit the residence or convenience of the per¬ 
sons interested ;—and if such bond shall have been given at the port of 
destination, a certificate thereof, under the hands of the collector and 
comptroller, shall, at the time of entering such goods, be produced to 
the collector or comptroller of the port of removal. § 22. 

Bond how to be discharged. —Such bond shall not be discharged un¬ 
less such goods shall have been duly rewarehoused at the port cf des¬ 
tination within the time allowed, or shall have been otherwise accounted 
for to the satisfaction of the commissioners ;—nor until the full duties 
due upon any deficiency shall have been paid ;—nor until fresh security 
shall have been given, in manner hereinafter provided, unless such goods 
shall have been lodged in some warehouse, in respect of which general 
security shall have been given by the proprietor or occupier, or in some 
warehouse in respect of which no security is required. § 23. 

Goods rewarehoused held as first warehoused. —Such goods when so 
rewarehoused may be entered and shipped for exportation, or entered 
and delivered for home use, as the like goods may be when first ware¬ 
housed upon importation,—and the time which such goods shall be al¬ 
lowed to remain rewarehoused at such port shall be reckoned from the 
day when the same were first entered to be warehoused. § 24. 

Entry , goods deemed virtually warehoused after rewarehousing. —If 



606 


WAREHOUSING, 


upon the arrival of such goods at the port of destination the parties shall 
be desirous forthwith to export the same, or to pay duty thereon for home 
use, without actually lodging the same in warehouse, it shall be lawful 
for the officers of the customs at such port, after all the formalities of 
entering and examining for rewarehousing have been performed, (except 
the labour of carrying and of lodging the same in warehouse,) to con¬ 
sider the same as virtually rewarehoused, and to permit the same to be 
entered and shipped for exportation—or to be entered and delivered for 
home use, upon payment of the duties, in like manner as if such goods 
had been actually lodged in warehouse, and the account taken for the 
rewarehousing may serve as the account for delivering the same as if 
from the warehouse, either for shipment or for payment of duties ;—and 
all goods so exported, or for which the duties have been so paid, shall 
be deemed to have been duly cleared from the warehouse, §25. 

Removal in the same port. —Any goods which have been warehoused 
in the port of London may, with the permission of the commissioners 
of customs, be removed to any other warehouse in the said port in 
which like goods may be warehoused on importation ;—and any goods 
which have been warehoused in some warehouse in any other port may, 
with the permission of the collector or comptroller, be removed to any 
other warehouse in the same port in which like goods may be ware¬ 
housed on importation, under such general regulations as the commis¬ 
sioners of customs shall direct. § 26. 

Goods , Sfc. subject to original conditions. —All goods removed from 
one warehouse for or to another, (whether in the same port or in a 
different port)—and all proprietors of such goods, shall be subject to all 
the conditions to which they would have been subject if such goods had 
remained in the warehouse where originally warehoused. § 27. 

Goods sold , new owner may give bond , and release the original bonder. 
—If any goods warehoused in respect of which general security by bond, 
as before provided, shall not have been given by the proprietor or occu¬ 
pier of such warehouse—and particular security (as in such case is re¬ 
quired) shall have been given by the importer'—and such goods shall have 
been sold, so that the original bonder shall be no longer interested, or 
have control over such goods, it shall be lawful for the officers to admit 
fresh security to be given by the bond of the new proprietor with his 
sufficient surety, and to cancel the bond given by the original bonder, or 
to exonerate him and his surety to the extent of the fresh security. § 28. 

Bond of remover to be in force in new warehouse. —If the person re¬ 
moving any goods from one port to another, (and who shall have given 
bond in respect of such removal and reware housing,) shall be interested 
in such goods, after the same shall have been rewarehoused, and such 
goods shall have been rewarehoused in some warehouse, in respect of 
which security is required, and the proprietor or occupier shall not have 
given general security, the bond in respect of such removal and reware¬ 
housing shall be conditional and continue in force for the re warehous¬ 
ing, until fresh bond be given by some new proprietor or other person, 
in manner before provided. § 29. 

Sorting goods , #c.—It shall be lawful in the warehouse to sort, separate, 
pack, and repack any goods, and to make such alterations therein, or 
arrangements thereof, as may be necessary either for the preservation of 
such goods, or in order to the sale, shipment, or legal disposal of the 
same;—provided that such goods be repacked in the same packages,—or 
in packages of entire quantity equal thereto—or in such other packages 


WAREHOUSING. 607 

as the commissioners of customs shall permit; (not being less in any 
case than may be required by law for the importation ;)—and also in the 
warehouse to draw off any wine—or any rum of the British plantations— 
into reputed quart bottles or reputed pint bottles, and to pack the same 
in cases containing* not less than three dozen quart bottles or six dozen 
pint bottles each, for the purpose only of being exported from the ware¬ 
house ;—and qj^o in such warehouse to draw off any such rum into 
casks containing not less than twenty gallons each, for the purpose only 
ot being’ disposed of as stores for ships; and also in the warehouse to 
draw off and mix with any such wine once, (but not oftener,) any brandy 
secured in the same warehouse, not exceeding ten gallons of brandy to 
one hundred gallons of wine, for the purpose only of being exported from 
the warehouse; and also in such warehouse to fill up any casks of wine 
or spirits from any other casks secured in the same warehouse, (once but 
not oftener,) for the purpose either of home use or of exportation, and 
once again for the purpose only of exportation ;—and also in the ware¬ 
house to take such moderate samples of goods as may be allowed by the 
commissioners of customs, without entry and without payment of duty, 
except as may eventually become payable, as on a deficiency of the 
original quantity. § 30. 

Alteration in goods or packages. —No alteration shall be made in 
any such goods or packages,—nor shall any such wine, rum, brandy, or 
spirits be bottled, drawn off, mixed, or filled up,—nor shall any such 
samples be taken—except after such notices given by the importers or 
proprietors, and at such times, and in such manner, and under such 
regulations as the commissioners of customs shall direct. § 31. 

After repacking refuse to be destroyed. Abandonment. —After goods 
have been repacked in proper packages, it shall be lawful for the com¬ 
missioners of customs, at the request of the importer or proprietor, to 
cause any of such refuse, damaged, or surplus goods, not contained in any 
of such packages, to be destroyed ;—and if the goods be such as may be 
delivered for home use, the duties shall be immediately paid upon such 
surplus, and the same shall be delivered for home use ; and if they be 
such as may not be so delivered , such surplus as may so remain shall be 
disposed of for the purpose of exportation in such manner as the com¬ 
missioners of the customs shall direct;—and thereupon the quantity con¬ 
tained in each of such packages shall be ascertained and marked upon the 
same, and the deficiency shall be ascertained by a comparison of the total 
quantity in such proper packages with the total quantity first warehoused, 
and the proportion which such deficiency may bear to the quantity in each 
package shall also be marked on the same, and added to such quantity, 
and the total shall be deemed to be the imported contents of such package, 
and be held subject to the full duties of importation, except as other¬ 
wise in any case provided by this act:—Provided always, that it shall be 
lawful for the commissioners of customs to accept the abandonment for 
the duties of any quantity of Tobacco or Coffee,t—and also of any whole 
packages of other goods,—and to cause the same to be destroyed, and to 
deduct such quantity from the total quantity of the same importation, in 
computing the amount of the deficiency of such total quantity. § 32. 

Foreign casks, fyc. not to be used. —No foreign casks, bottles, corks, 
packages, or materials whatever, (except any in which some goods shall 
have been imported and warehoused,) shall be used in the repacking 

I * Restriction as to package of wine repealed by 2 and 3 Wm. IV. c.84. § 42. 
f And Pepper by 7 Geo. IV. c. 48. § 37. page 610. 




608 WAREHOUSING. 

of any goods in the warehouse, unless the full duties shall have been 
first paid thereon. § 33. 

Permitting goods to be cleaned* —If any stuffs or fabric of silk, linen, 
cotton, wool, or mixture of them, with any other material which may 
not be taken out of the warehouse for home use, shall have been ware¬ 
housed for exportation, it shall be lawful for the commissioners of cus¬ 
toms to permit such goods to be taken out to be cleaned, refreshed, 
dyed, stained, or calendered, under security by bond, to their satisfac¬ 
tion, that such goods shall be returned within the time which they shall 
appoint. § 34. 

Goods in bulk delivered. —No parcels of goods so warehoused which 
were imported in bulk shall be delivered, except in the whole quantity 
of each parcel, or in a quantity not less than one ton weight, unless by 
special leave of the officers of the customs. § 35. 

Packages to be marked before delivery. —No goods so warehoused 
shall be delivered, unless the same or the packages containing the same 
shall have been marked in such distinguishing manner as the commis¬ 
sioners of customs shall deem necessary and direct. § 36. 

Decrease and increase may be ascertained and allowed. —It shall be 
lawful for the commissioners of the treasury to make regulations for 
ascertaining the amount of decrease and increase of the quantity of any 
particular sorts of goods, and to direct in what proportion any abate¬ 
ment of duty for deficiencies shall, upon the exportation of such goods, 
be made, on account of such decrease:—Provided always, that if such 
goods be lodged in warehouses declared in the order of appointment 
to be of special security, no duty shall be charged for any amount of 
deficiency on the exportation thereof, except in cases where suspicion 
shall arise that part of such goods has been clandestinely conveyed 
away, nor shall any such goods (unless they be wine or spirits) be 
measured, counted, weighed, or gauged for exportation, except in such 
cases of suspicion. § 37. 

Allowances for natural waste of wines , spirits, 8fc. in warehouses not 
of special security.1 ;—For any wine, spirits, coffee, cocoa nuts, or pepper, 
lodged in warehouses not being declared to be of special security, the 
following allowances for natural waste in proportion to the time during 
which any such goods shall have remained in the warehouse, sh$*l be 
made upon the exportation thereof, according as such allowances are 
hereinafter set forth. § 38. 

Wine, upon every cask ; videlicet , 

-for any time not exceeding one year. 

-for any time exceeding one year, and not exceed¬ 
ing two years.. 

- for any time exceeding two years ... . 

Spirits, upon every hundred gallons hydrometer proof; 

-for any time not exceeding six months. 

-for any time exceeding six months, and not ex¬ 
ceeding twelve months. 

-for any time exceeding twelve months, and not 

exceeding eighteen months. 

-for any time exceeding eighteen months, and not 

exceeding two years. 

-for any time exceeding two years ... 

* This clause altered by 9 Geo. IV. c, 70. § 14. page 612. 

t See further post. 


One gallon. 

Two gallons. 
Three gallons. 
videlicet , 

One gallon. 

Two gallons. 

Three gallons. 

Four gallons.' 
Five gallons. 

















WAREHOUSING. 609 

Coffee, cocoa nuts, pepper, for every 100 lbs. and so in 

proportion for any less quantity. Two pounds. 


In cases of embezzlement and waste through misconduct of officers .— 
In case any embezzlement, waste, spoil, or destruction shall be made of 
or in any goods which shall be warehoused, through any wilful miscon 
duct of any officer of customs or excise, such officer shall Ijfe guilty of a 
misdemeanour, and shall upon conviction suffer such punishment as may 
be inflicted in cases of misdemeanour;—and if such officer shall be so pro^ 
secuted to conviction by the importer, consignee, or proprietor, then no 
duty of customs or excise shall be payable,—and no forfeiture or seizure 
shall take place of any goods so warehoused in respect of any deficiency 
caused by such embezzlement, waste, spoil, or destruction,—and the 
damage shall be repaid and made good to such importer, consignee, or 
proprietor, by the commissioners of customs or excise, under such regu¬ 
lations as shall be made by the commissioners of the treasury. § 39. 

On entry outwards bond for due shipping and landing shall be given. 
—Upon the entry outwards of any goods to be exported from the 
warehouse to parts beyond the seas, and before cocket be granted, the 
person in whose name the same be entered shall give security by bond 
in double the value, (with one sufficient surety,) that such goods shall 
be duly shipped and exported, and shall be landed at the place for which 
they shall be entered outwards, or otherwise accounted for to the satis¬ 
faction of the commissioners of customs. § 40. 

Restriction as to the Isle of Man. —No goods shall be exported from 
the warehouse to the Isle of Man, except such goods as may be im¬ 
ported into the said island with licence of the commissioners of customs, 
and in virtue of such licence first obtained. § 41.—[But coffee on which 
the duty has been paid in the United Kingdom may be imported without 
licence or limitation. 7 Geo. IV. c. 48. §11.] See page 485. . 

Limiting the quantity of tobacco to be exported to Guernsey , fyc .— 
This section repealed by 7 Geo. IV. c. 48. § 11. 

Goods removed from warehouse for shipment under care of customs 
officers. —All goods taken from the warehouse for removal or for ex¬ 
portation, shall be removed to be shipped under the care or with the 
authority of the officer of the customs, and in such manner and by such 
persons, and within such spaces of time, and by such roads or ways as 
the officer of customs shall authorize or direct; and all such goods not 
so removed or carried shall be forfeited. § 43. 

Ships for exporting warehoused goods. —It shall not be lawful for 
any person to export any goods so warehoused,—nor to enter for ex¬ 
portation to parts beyond the seas, any goods so warehoused,—in any 
ship which shall not be of the burden of seventy tons or upwards. 
§ 44. 

Goods landed in docks liable to claims for freight. —All goods 
landed in docks, and lodged in the custody of the proprietors of 
the docks, under this act, (not being goods seized as forfeited,) 
shall, when so landed, continue liable to the same claim for freight 
in favour of the master and owner of the ship, or of any other person 
interested in the freight, as such goods were subject to whilst the 
same were on board such ships and before the landing;—and the 
directors and proprietors of such docks, or their servants or agents, 
shall upon due notice in that behalf given to them by such master or 
owners, or other person aforesaid, detain and keep such goods, (not 
being seized as forfeited,) in the warehouses belonging to the said docks, 

2 r 



610 


WAREHOUSING. 


until the freights to which the same shall be liable shall be paid,—toge¬ 
ther with the charges to which the same shall have been subject,—or 
until a deposit shall have been made by the owners, or consignees, 
equal in amount to the claim made by the master, or owners, or per¬ 
sons aforesaid, for freight;—which deposit the said directors or pro¬ 
prietors of such docks, or their agents, are directed to receive and hold 
in trust, until the claim for freight shall have been satisfied; upon 
proof of which, and demand made by the persons by whom the deposit 
shall have been made, and the charges due upon the said goods being 
first paid, the said deposit shall be returned by the said directors or 
proprietors, or their agents. § 45. 

See also 9 Geo. IV. c. 116. (local.) § 119. London Dock Act. Part I. 
Chap. IV. 


7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Bacon for exportation. —So much of the 6 Geo. IV. c. 107. as pro¬ 
hibits the importation of beef, pork, or bacon, to be warehoused for 
exportation only, shall be and the same is hereby repealed. § 5. 

Tobacco to be charged on delivery weight. —And whereas another act 
was passed in the last session of parliament, intituled “ An Act for the 
Warehousing of Goods,” (c. 112.) and it is expedient to alter and amend 
the same in manner hereinafter provided, be it therefore enacted, that 
whenever any tobacco shall be taken out of the warehouse for home 
use, the same shall be reweighed, and the duty shall be charged accord¬ 
ing to the weight then ascertained, although such tobacco may have 
increased or decreased in weight since the weight thereof had been 
before ascertained. § 36. 

Pepper may be abandoned for the duty. No abatement for damage. 
—Within one month after any pepper shall have been warehoused, it 
shall be lawful for the importer or proprietor to abandon any part 
thereof for the duty, and the quantity of such pepper not so abandoned, 
being thereupon ascertained, shall be deemed to be the quantity im¬ 
ported : Provided always, that no abatement of duty shall be made on 
account of any damage received by any pepper during the voyage. 
§ 37. 

Tobacco may be exported to Guernsey , fyc. without licence. —-So much 
of the said act for the warehousing of goods as extends to prevent the 
exportation of tobacco from the warehouse to the islands of Guernsey, 
Jersey, Alderney, or Sark, without the licence of the commissioners of 
his Majesty’s customs,—or to limit the quantity of tobacco which may 
be so exported to those islands,—shall be and the same is hereby re¬ 
pealed. § 38. 


7 and 8 Geo. IV. c. 56. 

An Act to amend the Laws relating to the Customs. 

Copper ore may be taken out of warehouse to be smelted. —It shall be 
lawful for the importer or proprietor of any copper ore warehoused to 
give notice to the proper officers of the customs of his intention to take 
such ore out of warehouse to be smelted, stating in such notice the 


WAREHOUSING. 


611 


quantity of copper computed to be contained in such ore, and delivering 
to such officers sufficient samples or specimens for ascertaining by pro¬ 
per assays, (at the expense of the proprietor,) such quantity of copper, 
and giving sufficient security by bond for returning such quantity of 
copper into the warehouse ;—and if such officers shall be satisfied of the 
fairness of the samples or specimens of such ore, and of the assays made 
of the same, and of the security given, they shall deliver such ore for 
the purpose of being smelted as aforesaid :—Provided, that if any cop¬ 
per ore intended to be so smelted shall be imported into any port where 
such ore or where copper cannot be warehoused, the same may be en¬ 
tered as being to be warehoused at the port at which the copper (after 
smelting) is to be warehoused,—and such ore shall thereupon be taken 
account of and delivered for the purposes aforesaid, in like manner as 
if the same had been warehoused :—Provided also, that all copper so 
produced by smelting shall be deemed to be copper imported, and shall 
be warehoused as such. § 23. 

Bond for beef and pork exported from warehouse .—Upon the entry 
outwards of any salted beef—or salted pork—to be exported from the 
warehouse to parts beyond the seas, (and before cocket granted,) the 
person in whose name the same be entered shall give security by bond 
in treble the value of the goods, with two sufficient sureties, (of whom 
the master of the exporting ship shall be one,) that such beef or pork 
shall be duly shipped and exported, and that no part thereof shall be 
consumed on board such ship, and that the same shall be landed at the 
place for which it be entered outwards; and that a certificate of such 
landing shall be produced within a reasonable time, (according to the 
voyage, to be fixed by the commissioners of the customs, and mentioned 
in the bond,) such certificate to be signed by the officers of the customs 
or other British officer,—if the goods be landed at a place in the British 
dominions,—or by the British consul,—if the goods be landed at a place 
not in the British dominions,—or that such goods shall be otherwise 
accounted for to the satisfaction of the said commissioners ;—and such 
master shall make oath* that such beef or pork is to be laden on board 
such ship as merchandise to be carried to and landed at parts beyond 
the seas, and not as stores for the said ship;—and if such ship shall 
not have on board at the time of clearance outwards a reasonable supply 
or stock of beef or pork according to the intended voyage borne upon 
the victualling bill, the master of such ship shall forfeit one hundred 
pounds. § 24. 

9 Geo. IV. c. 18. 

An Act to repeal the Stamp Duties on Cards and Dice made in the 
United Kingdom, and to grant other Duties in lieu thereof ; and to 
amend and consolidate the Acts relating to such Cards and Dice , and 
the exportation thereof 

Foreign cards without name of foreign maker , or with any British 
cardmaker f s name thereon , not to be warehoused. Such cards for¬ 
feited .—No playing cards which, having been made out of the United 
Kingdom, shall be imported into any part thereof, shall be deposited in 
any warehouse pursuant to the 6 Geo. IV. c. 112. unless the name and 
the place of residence of the foreign maker of such cards be printed or 
marked in distinct and legible characters on one card of every pack, 

* Declaration by 1 and 2 Wm. IV. c. 4. 

2 r 2 




WAREHOUSING. 


612 

and on every wrapper thereof;—and if any one or more of such cards 
or any wrapper, jew, label, or other paper, matter, or thing, enclosing, 
annexed to, or deposited with any one or more of such cards, shall be 
printed or marked in any way with the name of any maker of cards 
duly licensed within the United Kingdom, such cards shall not be per¬ 
mitted to be warehoused under the said act;—and all such foreign 
cards, wrappers, jews, labels, and other things, on which the name 
and place of residence of the foreign maker thereof shall not be printed 
or marked in distinct and legible characters as aforesaid,—or on any 
of which shall be printed or marked the name of any maker of cards 
duly licensed within the United Kingdom, shall be forfeited. § 33. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Silks, linens, 8fc. to be delivered out of warehouse to be cleaned, Sfc. 
or bleached; also rice of the East Indies to be cleaned. —Whereas the 6 
Geo. IV. c. 112. was passed for the warehousing of goods, and it is 
expedient to amend the same; it is therefore enacted, that it. shall be 
lawful for the commissioners of the customs to permit any stuffs or 
fabrics of silk, linen, cotton, or wool, or of any mixture of them with any 
other material, to be taken out of warehouse to be cleaned, refreshed, 
dyed, stained, or calendered, or to be bleached or printed, without pay¬ 
ment of duty of customs, under security, nevertheless, by bond to their 
satisfaction, that such goods shall be returned to the warehouse within 
the time that they shall appoint;—and that it shall be lawful for the 
said commissioners, in like manner and under like security, to permit 
any Rice, the produce of places within the limits of the East India com¬ 
pany’s charter, to be delivered out of warehouse to be cleaned, making 
such allowance for waste as to the said commissioners shall appear to 
be reasonable. § 14. 

Corn, Sfc. to be warehoused under the general warehousing acts.— All 
corn, grain, meal, or flour, or other ground corn, may be imported into 
the United Kingdom to be warehoused under the regulations of the 
said last-mentioned act, or of any act in force for the time being, made 
for the warehousing of goods, without payment of duty at the time of 
the first entry thereof, or notwithstanding that such goods may be pro¬ 
hibited to be imported for home use. § 15. 


9 Geo. IV. c. 44. ( Excise Act.) 

Tea not to be sent to Ireland without payment of excise duty. —It 
shall not be lawful to send, remove, or convey any tea from Great 
Britain to Ireland, nor to deliver any tea out of any warehouse in Great 
Britain for the purpose of being sent, removed, or conveyed to Ireland. 


WAREHOUSING. 


613 


2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Warehoused Cocoa may be abandoned. —Whereas an act was passed 
for the warehousing 1 of goods, (6 Geo. IV. c. 112.) and it is expe¬ 
dient to amend the said act; be it therefore enacted, that within 
one month after any Cocoa shall have been warehoused it shall be 
lawful for the importer or proprietor to abandon any part thereof for 
the duty,—and the quantity of such Cocoa not so abandoned, being 
thereupon ascertained, shall be deemed to be the quantity imported :—■ 
Provided always, that no abatement of duty shall be made on account 
of any damage received by any Cocoa during the voyage. § 41. 

Restriction as to package of wine bottled in warehouse repealed .— 
Whereas by the said act, § 30. (see page 607.) Wine is permitted to 
be drawn off in the warehouse into reputed quart bottles or reputed 
pint bottles, and it is expedient to repeal the restriction as to the 
package thereof; be it therefore enacted, that so much of the said 
recited act as so restricts the exportation of wine from the warehouse in 
cases containing three dozen reputed quart bottles or six dozen reputed 
pint bottles is hereby repealed. § 42. 

Foreign spirits in the warehouse may be bottled. —It shall be law¬ 
ful, in the warehouse, to drawoff any Foreign Spirits into reputed quart 
bottles, for the purpose of removing the same from such warehouse for 
exportation, under such regulations and restrictions as the commis¬ 
sioners of customs shall from time to time require and direct. § 43. 

Allowance for natural waste of Spirits.*■ —Whereas Spirits are sub¬ 
ject to a diminution, both as to their strength and their quantity, from 
natural causes, during their continuance in the warehouse, and it is ex¬ 
pedient that some allowance of duty should be made in respect of such 
diminution ; be it therefore enacted, that—an allowance of duty in 
respect of such diminution shall be made for Spirits that have been 
warehoused under the provisions of the said last-mentioned act in ware¬ 
houses of special security, upon such spirits being taken out for home 
consumption ,—and that such allowance shall be the actual diminution 
in strength and also in quantity that may have taken place during the 
time that such spirits have continued in the warehouse ; but that no 
allowance of duty by virtue of this act shall be made in respect of any 
diminution which shall exceed ten per cent, under proof. § 44.— 
For all Spirits that have been warehoused in warehouses, not being 
of special security , that have been approved for the deposit of Spirits, 
(and declared in the order of approval to be fit, secure, and substan¬ 
tially built, near to the usual places of landing and shipping, and ap¬ 
proved for and capable of affording general accommodation,) the fol¬ 
lowing allowances shall be made upon their being entered for home 
consumption; namely,—(The quantities allowed are the same as those 
at page 608.)—Provided that no allowance shall be made by virtue of this 
act in respect of any deficiency in quantity in any such warehoused 


* Doubts having arisen whether these clauses do not supersede the indulgence in 
regard to the duties on deficiencies of Rum, granted by Treasury Order, dated 3 April, 
1824, and continued by Order of 26 April last, viz. “ Rums to be charged with duty 
according to the strength and measure at the time of delivery, provided the same had 
been warehoused more than two years,” the same is directed to be considered in force 
till further orders. Cus. Letter, 21 Aug. 1832. 



614 


WAREHOUSING. 


spirits occasioned either by leakage or by any accidental cause, or in 
respect of any greater deficiency than has actually occurred. §§ 45, 46. 

Mode of charging the dutyvpon Sugar. Allowance for waste. —Upon 
the entry of any Sugar to be cleared from the warehouse for home use 
the duty payable shall, (except as hereinafter provided,) be charged 
upon the weight of the Sugar actually delivered, and not according to 
the account of the quantity taken at the time of the landing of the same : 
—Provided always, that if such Sugar be lodged in warehouses not of 
special security, no greater allowance for waste or decrement of the 
quantity ascertained at the time of landing shall be made than shall be 
after the rate—of five per cent, of such quantity for the first three 
months,—and—two percent, more for every subsequent month during 
which such Sugar shall have remained in such warehouse. § 47. 

Goods permitted to be shipped Free as Ship’s Stores.* —Whereas jt is 
expedient to permit warehoused goods to be delivered into the charge 
of the searchers, to be shipped as stores for certain ships upon certain 
voyages ; be it enacted, that such goods shall and may be delivered 
into the charge of the searchers to be shipped as stores, without entry 
or payment of any duty for any ship of the burthen of seventy tons at 
least, bound upon a voyage to foreign parts, the probable duration of 
which out and home will not be less than forty days: —Provided always, 
that such goods shall be shipped in such quantities and subject to such 
directions and regulations as the commissioners of customs shall direct 
and appoint. § 48. 


* A LIST of FOREIGN GOODS allowed to be shipped for each person on board, 
per day, in pursuance of the above Act. 

Tea.^ oz. or Coffee.l^oz. Cocoa.1 oz. 

Brandy, Geneva, Rum (British Plantation).i Pint. 

This last to be in the proportion of one-half of the whole quantity of Spirits 
shipped, and no Spirits to be shipped in less than the legal sized packages. 

Raw Sugar, or Molasses (together or separate).2 oz. 

But 

Dried Iruits.. and Rice.. 2 pounds per week. 

And 

Wine.1 pint per day for eacn Master, Mate, and Passenger. 

Commiss. Order, 1 September, 1832. 

Note .—The duration of the voyage is, by the Board’s General Order of the 
21 April, 1825, fixed at a certain number of days, as will be seen by a re¬ 
ference to a “ Table for ascertaining the quantity of British Plantation 
Rum allowed to be delivered from the Warehouse as Stores for Ships,” 
see page 1130. 














WAREHOUSING. 


015 


A LIST 

OP 

PORTS IN THE UNITED KINGDOM APPROVED FOR 
WAREHOUSING GOODS: 

ALSO, 

THE ARTICLES ALLOWED TO BE WAREHOUSED AT EACH PORT. 


*** Black or Dantzic Beer may be warehoused in all the Warehousing Ports. 

*** Corn. —It is provided by Section 15 of the Act of 9 Geo. IV. c. 76. that Corn, 
Grain, Meal, or Flour, or other Ground Corn, may be imported into the 
United Kingdom, to be warehoused under the regulations of the Act of the 
6 Geo. IV. c. 112. or of any Act in force for the time being, made for the 
warehousing of goods.—And the Commissioners of the Customs have ap¬ 
proved any Granaries which have been already approved and are in use for 
the warehousing of Corn, for the deposit of Corn , Grain, Meal , or Flour , or 
other Ground Com, under the regulations of the said Act. 

ENGLAND. 

_ONDON.Goods in Tables A, B, C, D, E, and F;—and East 

India Goods. 

East India Goods, after having been warehoused at one of the Ports ap¬ 
proved for the Importation of such Goods, allowed to be removed to any of 
the Ports which have been approved for warehousing goods in general, but 
duty to be paid within twelve months. 


ARUNDEL.Goods in Table C. 

BARNSTAPLE.All Goods except—Tobacco, East India Goods, and 

Goods in Table F, other than Sugar. 

BIDEFORD.Goods in Table A;—Wine and Spirits in Table B; 

—and Goods in Table C. 

BOSTON.Wine and Spirits in Table B. 

BRIDGEWATER.Wine and Spirits in Table B ;—Wood and Tar in 

Table Cand Rum and Tallow. 

BRIDPORT.Alum, Ashes, Barilla; Currants, and other Fruit; 

Hemp, Hides, and Skins; Iron in bars; Spirits, 
viz. West India Rum, Brandy, Geneva, and other 
Spirits; Sugar; Tallow; Timber, Deals and 
other Wood Goods; Wine. 

BRISTOL*.Goods in Tables A, B, C, D, and E;—and East 

India Goods. 

CARLISLE..,.Wood and Timber imported direct from Foreign 


Parts. Wine, Spirits, Wood, and Timber, Goods 
removed Coastwise for the purpose of being 
bonded at that Port, and Goods removed Coast¬ 
wise for Home Use, except—Tobacco, Silk, East 
India Goods, Goods prohibited to be imported, 
and Goods subject to ad valorem duties. 


CHEPSTOW.Timber, Deals, Hemp, Linseed, Staves, Tallow, and 

Tar. 

CHESTER...Wine and Spirits in Table B;—and Rum in Table A. 

CHICHESTER.Wood, Pitch, Tar, and Iron in Table C;—and 

Wood in Table E. 

COLCHESTER.Wine and Spirits in Table B;—.and Rum in Table 

A. 


* See note respecting East India goods in London. 



















616 WAREHOUSING. 

COWES.Goods in Tables A, B, and D;—and Timber and 

Deals in Table C and E. 

DARTMOUTH.Goods in Tables A, B, C, and D, except—Tobacco. 

DEVONPORT (in Plymouth ).. .Hemp, Tallow, Iron, and Flax.—And Timber, added 

to the Articles by Weight. 

DOVER.Goods in Table B, except—Tobacco;—Timber 

and Wood in Table C. 

EXETER.......All Goods except—Tobacco, East India Goods 

and Goods in Table F, other than Sugar. 

FALMOUTH...Goods in Tables A, B, C, and D;—Quicksilver. 

—Foreign Fruits and Oil. 

GLOUCESTER.Spirits in Table A;—Wine and Spirits in Table B ; 

Tallow in Table C ;—and Barilla in Table E;— 
Sugar (not East India), and all other Goods not 
East India produce, and not enumerated in Table F. 

GOOLE.All Articles, except—Tobacco and Snuff! 

GRIMSBY.Goods in Tables A, B, C, D,and E, except—Tobacco. 

HULL*.Goods in Tables A, B, C, D, E ;—and East India 

Goods. 

IPSWICH.Wine and Spirits in Tables A and B;—and Barilla. 

LANCASTER.Goods in Tables A, B, C, and E. 

LIVERPOOL*.Goods in Tables A, B, C, D ; E, Fand East India 

Goods. 

LYME.West India Rum, Brandy, Geneva, and other Spirits. 

Timber, Deals, and other Wood Goods, Wine, 
Tallow, and Ashes. 

LYNN.Wine and Spirits in Table B;—and Timber and 

Wood in Table C. 

MALDON.Wood Goods. 

MILFORD.Goods in Tables C and D. 

NEWCASTLE.Goods in Tables A, B, C, D, and E. 

NEWHAVEN.Wine and Spirits in Table B;—and Timber and 

Wood in Table C ;—also Rum. 

PLYMOUTH .Goods in Tables A, B, C, D, and E. 

(See Devonport.) 

POOLE...Goods in Tables A, B, C, D, and E, except—To¬ 

bacco. 

PORTSMOUTH.Goods in Tables A, B, C, and E, except—Tobacco,— 

Hides in Table D. 

ROCHESTER.Rum in Table A;—Wine and Spirits in Table B ;— 

and Timber and Wood Goods in Table C. 

RYE.Wood in Table C ;—and Clover Seed in Table E. 

SOUTHAMPTON .Spirits in Table A ;—Wine and Spirits in Table B ; 

—Goods in Tables C, D, and E ;—and East India 
Goods removed by land carriage from London 
for Exportation to Guernsey and Jersey. 

SHOREHAM.Goods in Table C,'—and Wine in Table A. 

STOCKTON.Rum in Table A ;—Wine and Spirits in Table B;—■ 

Timber and Goods in Table C ;—Clover Seed and 
Green Fruit in Table E ;—Timber and Wood 
Goods.—Pot Ashes, Sugar, Coffee, Dried Fruit, 
Rice, Cheese, Cocoa Nuts, Hides and Skins. 

SUNDERLAND .Goods in Tables A, B, C, and D, except—Tobacco • 

—Articles in Table E. 

SWANSEA.Goods in Table C. 

WEYMOUTH.Rum in Table A Wine and Spirits, and Wood in 

Table B ;—Almonds of all sorts, Barilla, Clover 
Seed, Currants, Figs, Oil of Olives, Salad Oil, 
Prunes, Raisins of all sorts, and Liquorice 
Juice in Table E. 

WHITBY...Goods in Tables C and D. 

WHITEHAVEN.Goods in Tables A, B, C, and E. 

WISBECH.Wood Goods. 

YARMOUTH.Rum in Table A Wine and Spirits in Table B ; 

—Hemp and Iron in Table Cand Goods in 


Table E. 


* See note respecting East India goods in London. 





































WAREHOUSING. 


617 


SCOTLAND. 

ABERDEEN.....Goods in Tables A and B;—Tobacco, Brimstone, 

Hemp undressed, Iron in Bars, Timber and Wood 
in Table C j—Almonds, Ashes, Black or Dantzic 
Beer, Barilla, Currants, Cotton Wool, Figs, Gum 
Arabic, Gum Senegal, Linen p/ain, (except Sail 
Cloth.) Oil of Olives, and Raisins of all sorts, in 
Table C. 

*** This Privilege is for such Tobacco only as may 


be removed under Bond from Ports in England. 

BORROWSTONESS.Timber and Wood in Table C. 

DUMFRIES.Wine in Table B. 

DUNDEE.Wine and Spirits in Tables A and B ;—Iron, Pitch, 

Tar, Timber, and Wood in Table C. 

GLASGOW*.Goods in Tables A, B, C, D, and E;—and East 

India Goods. 

GRANGEMOUTH.Fustic, Hemp, Iron, Logwood, Mahogany, Pitch, 

Rosin, Staves, Tar, Tallow, Tow, Turpentine, 
Timber, and Wood in Table C;—and Flax in 
Table E. 

GREENOCK*.Goods in Tables A, B, C, D, and E;— and East 

India Goods. 

LEITH*.Goods in Tables A, B, C, D, and E;—and East 

. India Goods. 

MONTROSE.. .Wines, Spirits, and Sugar, and Goods in C and D.— 

Ashes, Butter, Cheese, Coffee, Feathers, Hams, 
Hides, Honey, Spruce Beer, Seeds, Vinegar, and 
Yarn. 

PORT GLASGOW*.Goods in Tables A, B, C, and E;—and East India 

Goods. 


IRELAND. 


BELFAST,! f East India Goods;—and all other Goods including 

CORK, > *.< Sugar in Table F,—and excepting the other 

DUBLIN, J ! Articles enumerated in the said Table. 

*** Cork to have the additional Privilege of bond¬ 
ing Vinegar in Table F. 

Note .—The bonded Warehouses at Cork are ap¬ 
proved of as W arehouses of Special Security. 

COLERAINE...Warehouses have been approved of as Warehouses 

of Ordinary Security for bonding all Goods, except 
—East India Goods and Tobacco. 


All Goods except—East India, and Articles enume¬ 
rated in Table F, except Sugar in that Table. 


WEXFORD .Wine, Sugar, Hemp, Iron, and Tallow.—And 

Spirits and Vinegar. 

(1 September , 1832.) 

TABLE A. 

Annottoor Rocou, Cassia Fistula, Cocoa Nuts, Coffle, and Sugar; not being the 
produce of, nor imported from any place within the limits of the East India Com¬ 
pany’s charter. 


DUNDALK, 

GALWAY, 

LIMERICK, 

LONDONDERRY,! 

NEWRY, 

SLIGO, 

wiTvnrnun 


* See note respecting East India goods in T-ondon. 

I Such East India Goods as pay a rated Duty, may be removed in Bond to the Port 
of Londonderry. 


















618 


WAREHOUSING. 


Angustura Bark, Cotton, Wool, Ginger, Indigo, Mahogany, Melasses, Pimento, 
Rum, and Wine; imported from the West Indies. 

Cocoa Nuts, Coffee, Cotton Wool, Ginger, Indigo, Mahogany, Melasses, Pimento, 
Rum, and Sugar; the growth or produce of, and imported direct from any of the 
territories or dominions of the Crown of Portugal. 

TABLE B. 

Brandy, Geneva, and other Spirits ; Rice, Shrub, Tobacco, and Wine ; not being 
the produce of, nor imported from any place within the limits of the East India Com¬ 
pany’s charter, (Spirits and Wine excepted,) or not being imported from the West 
Indies. 

Cocoa Nuts, Coffee, Cotton Wool, Ginger, Indigo, Mahogany, Melasses, Pimento, 
Rum, and Sugar; being the growth or produce of, and imported direct from any of 
the territories or dominions of the Crown of Portugal. 

Spirits and Wine, being the produce of any place within the limits of the East India 
Company’s charter, and imported otherwise than by the said Company. 

TABLE C. 

Brimstone, Cork, Hemp undressed, Iron in Bars, or Slit, or hammered into Rods, 
and iron drawn or hammered less than three quarters of an inch square, Kelp, Lin¬ 
seed, Mahogany, Marble Blocks, Oil of Turpentine, Pitch, Rape Seed, Rosin, Staves, 
Tallow, Tar, Timber, Tow, Turpentine, Wood, Zaffre, or Cobalt, not being the produce 
of, nor imported from within the limits of the East India Company’s charter, and not 
being imported from the West Indies. 

TABLE D. 

Hides, Oil of British Fishing, Oil of Spermaceti or Head Matter, Train Oil, and 
all other Fish Oil, Blubber of British fishing. Whale Fins of British fishing, Indian 
Deer Skins, half dressed or shaved, and Skins and Furs of all sorts, not tanned or 
tawed, or in any way dressed; not being the produce of, nor imported from within 
the limits of the East India Company’s charter, and not being imported from the West 
Indies. 


TABLE E. 

Alkermes, Almonds, Anchovies, Angustura Bark, Aniseed, Annottoor Rocou, Arrow- 
root, Ashes, Balsam of all sorts, Barilla, Beads of Amber and of Coral, Bees’ Wax, 
Black or Dantzic Beer, Bristles undressed, Buck Wheat, Cantharides, Turkey Carpets, 
Cassia Fistula, Catlings, or Lutestrings, Cheese, Chip Hats, Citrat of Lime, Citron in 
Salt and Water, Clover Seed, Cochineal and Cochineal Dust, Cocoa Nuts, Coffee, 
Cotton Wool and Cotton Yarn, Currants, Elephant’s Teeth, Essence of Bergamot, and 
of Lemon, Essence of British America Spruce, imported from thence, Euphorbium, 
Feathers for Beds, Figs, Flax, German Sausages, Ginger, Ginseng, Granilla, Gum 
Arabic, Copal, Guaiacum, and Senegal, Hams, Harpstrings, Hones, Jalap, Jesuits’ 
Bark, Jet, India Rubbers, Indigo, Isinglass, Juice of Lemons, Limes, and Oranges, 
Juniper Berries, Lamp Black, Plain Linen (except Sail Cloth), Linseed Cakes, 
Liquorice Powder, Maccaroni, Madder, ground, Mahogany, Manna, Mercury, Mohair 
Yarn, Melasses, Oil of Almonds, of Amber, Aniseed, Bay, Cajaputa, Caraway, 
Cassia, Castor, Cinnamon, Cloves, Jessamine, Juniper, Lavender, Linseed, Mace, 
Marjoram, Nutmegs, Olives, Oranges, Palm, Pine, Rock, Rosemary, and Rosewood, 
Salad Oil, Oil of Sassafras, of Spike, Thyme, Turpentine, and Walnut, Chemical and 
Perfumed Oils, not otherwise enumerated, Opium, Orange Flower Water and Orange 
Flower Ointment, Otto of Roses, Pearl Barley, Pictures, Pig’s Chaps and Faces, 
Pimento, Pitch, Burgundy, Platting of Straw or Chip, Pots, melting, Prunes, Quick! 
silver, Radix Serpentariae, Rags, Raisins of all sorts, Rape Cakes, Rliinehurst, Rhubarb 
Rum, Saccharum Saturni, Saffron, Sal Ammoniacus, Sal Gem, Sal Limonum or 
Acetoselle, Sal Prunella, Sal Siiccini, Saphora, Sarsaparilla, Senna, Silk, raw, thrown, 
or waste, Smalts, Straw Hats, Succus Liquoritiae, Sugar, Tapioca, Tar, Barbadoes 
Tornsal, Toys, Verdigris, Vermicelli, Vermillion, Vanelloes, and all other goods un¬ 
manufactured, not being the produce of, nor imported from within the limits of the 
East India Company’s charter, and not being imported from the West Indies. 

TABLE F. 

Agates, rough and polished, Almond Paste, Aloes, Ambra Liquida, Ambergris. 
Balsams of all sorts, Beads of all kinds, Beer, Benjamin, Bottles, Bugles of all kinds 
Cambric, Camphor, Candles, Cantharides, Cardamoms, Cards, Carmine, Cassia Buds’ 
Cassia Ligneu, Cassia Fistula, Castor, China Ware and Porcelain, Crystal Cider 


WAREHOUSING. 619 

Cinnamon imported under licence, Citron Water, Civet, Clocks, Cloves imported 
under licence, Cochineal, Coculus Indicus, Coloquintida, Columbo Root, Coral of all 
sorts, Corks ready made, Cuttle Shells, Dice, Eau de Cologne, Enamel, Essences of 
all sorts, Extracts of all sorts, Feathers, Ostrich, and others, not otherwise enumerated, 
dressed or undressed, Flowers, artificial, Garnets, Gauze of all kinds, Ginger, Pre¬ 
served, Glass of all kinds, Grains of Paradise, and of Guinea, Gum Opoponax, Hair, 
human, Hair Powder, Hats and Bonnets of all sorts, Jalap, Jet, Jewels, Emeralds, 
Rubies, and all other precious stones except Diamonds, Inkle, wrought, Lace of all 
kinds, Lapis Lazuli, Mace imported by licence, Manna, Mercury, Metheglin, Morels, 
Musical Boxes, Musk, Myrrh, Nutmegs imported by licence, Nux Vomica, Opium, 
Or-molu, Otto of Roses, Paper, Pearls, Perry, Pictures, Plate, Platina, Platting of all 
sorts, Powder of Bronze, and of Brass, Powder not otherwise enumerated, which will 
serve for the same use as Starch, Quicksilver, Radix Ipecacuanhas and Rhataniae, 
Resina Jalapae, Rhubarb, Saffron, Sal Limonum and Succini, Seammouy, Silk, raw 
and organzined, Snuff, Soap, Spikenard, Starch, Stones, Bezoar, Storax of all kinds, 
Succades, Sugar, Threads of all kinds, Tobacco, Tortoiseshell, Treacle of Venice, 
Truffles, Turbith, Vanelloes, Vellum, Verdigrise, Vinegar, Watches of all sorts, Watch 
Glasses, Waters, Mineral and strong of all sorts, Wires, Mohair Yarn; and also all 
Goods and Merchandise of every description, which, under the provisions of the Ware- 
housing Act, may be imported for the purpose of exportation only. All which Goods 
may be deposited only in warehouses inclosed by, and surrounded with walls, or in other 
warehouses or places of special security, approved by the Lords of the Treasury. 


ORDERS AND MINUTES. 

Corn, bonded, may be shipped to Guernsey and Jersey in vessels, (being regular 
traders between the United Kingdom and those Islands,) if not less than forty 
tons burthen.—Treasury Order, 27 Sept. 1831. 

Hides and Skins (paying duty by weight) may be delivered from the warehouses 
on the merchant’s entering an average weight, care being taken that the 
lockers re-tally and re-weigh the Hides and Skins on delivery. If delivered 
for exportation, to express in the cart-notes the exact number delivered ; and 
the merchant is to endorse the total number and weight shipped on the cocket 
and bill before the vessel can clear.—Cus. Min. 4 Dec. 1824. 

Mahogany in Bond allowed to be cut on condition that the whole of each entry be 
cleared at the same time, and the Crown put to no expense.—Cus. Min. 17 
Sept. 1825. 

Mahogany and Cedar may be removed coastwise without reweighing, upon the 
parties paying the duty on the difference between the original landing weight 
and the weight ascertained at the Port of Arrival.—Cus. Min. 14 April, 1826. 

Spirits. —Racked in the bonded warehouses, the brand or other marks on the casks into 
which the spirits are raeked must be entirely effaced.—See Treas. Order, 29 
June, 1830, in Wine. 

-Spirits removed coastwise, see Wine. 

*„* Rum subject to same regulations as other spirits.—24 June, 1830. 

-Brandy and Wine may be imported from Sicily in casks not exceeding 20 

gallons, for the purpose of exportation to Columbia and Mexico, upon special 
application from the exporting merchant to the Commissioners of the Customs. 
—Treas. Order, 28 Sept, and Cus. Letter, 1 Oct. 1825. 

-The export of Spirits and Wine to Chili and Peru, may be permitted in casks of 

not less than 20 gallons, in the same manner as was allowed by Board’s Minute 
of 1st October last in regard to Wine and Spirits to Mexico and Columbia.— 
Cus. Min. 7th January, 1826, founded on a letter from the Treasury. 

-The exportation of Brandy to Mexico may be permitted in casks containing 

not less than 18 gallons each.—Cus. Min. 5th June, 1826, founded on a letter 
from the Treasury. 

Stores, no bond required for surplus Ship’s stores.—Treas. Order, 3 June, 1825. 

Sugar and Moi.asses. —The reweighing dispensed with on removal from one Port to 
another.—Treas. Order, 13 Feb. 1832. 

Tobacco, the reweighing dispensed with on removal from one port to another.— 
Treas. Order, 19 Nov. 1831. 

-Rent payable on all Tobacco warehoused in the King’s Warehouse in London 

and the out-ports, at the time of passing of the act 6 Geo. IV. c. 112. viz. to 
be collected until further orders—per Treas. Order, 25 March, 1830. 

2 s. for every hogshead, &c. deposited in warehouse, and ‘2s. for ditto taken 
out of the same. 






620 


WAREHOUSING. 


For Tobacco warehoused at the Out Ports, three half-pence per week for 
every hogshead. 

Wines, all descriptions of wines maybe racked into casks for the purpose of separating 
the sediment in the same number of packages, and the duties to be paid on the 
landing quantity if entered for home consumption,—or if for exportation the Lees 
to be destroyed in the presence of the proper officer or exported with the wine.— 
Cus. Min. 29 Aug. and 6 Sept. 1826. 

■ Wines may be bottled for exportation in the vaults of London, West India, 
and St. Katharine’s Docks, upon giving 24 hours’ notice to the comptroller of 
accounts; and if any surplus or sediment remain the full duties to be imme¬ 
diately paid thereon or the same to be destroyed in the presence of the proper 
officer.—Cus. Min. 31 Dec. 1828. 

-Wines may be removed from and to the several docks without the Board's 

especial authority, under usual regulations.—Cus. Min. 15 April, 1829. 

■. — ■■ Deposited in approved warehouses of special security capable of affording 
general accommodation to the trade, may be filled up, fined, and racked as often 
as the owner may deem necessary. The lees to be destroyed without payment 
of duty, and the quantity destroyed deducted from the official accounts.— 
Treas. Order, 20 May, 1830. 

■ ■ Brandy in Bond may be added to Wine in Bond for preservation or improve¬ 

ment, and the whole to pay duty as W T ine, provided the quantity of brandy 
contained in the wine at the time of entry for home consumption do not exceed 
20 per cent, but a sample for the purpose of ascertaining the strength must be 
taken by the proper officer.—Treas. Order, 30 May, 1830. 

-May be mixed with wine of the same description as often as necessary for their 

preservation or improvement, provided the wine so mixed be kept separate from 
other wine, and the packages containing the same be branded “ Mixed Wine,” 
and the brand or other marks of the original shippers be effaced. 

-Whenever wines are racked in the bonded warehouses, the brands or other 

marks on the casks into which the wines or spirits are racked must be entirely 
effaced, and no other brand or mark placed or retained thereon than those which 
were on when originally imported.—Treas. Order, 29 June, 1830. 

•-On removal of Wines and Spirits coastwise under Bond, the actual wet found 

on gauging on arrival to be in future recorded, and the Ullage quantity cast 
out with the fractional parts; and that where such fractional parts be under 
5-10tlis, the gallon should be charged as lost, and where 5-10ths or upwards, 
no loss should be charged.—Cus. Min. 24 August, 1832. 

Goods reweighing dispensed with on removal coastwise. —On parties making 
application to remove goods coastwise under bond without being reweighed, 
the officers are to take care to satisfy themselves that the packages are in 
the state in which they were imported, and that the same be thereupon 
permitted to be removed without being reweighed, the usual notice being trans¬ 
mitted to the proper officers at the port of destination, who are to take care that 
the goods be reweighed on landing, (except in cases provided for by Treas. 
Order, 18 March, 1826 : viz. where warehoused goods, brought coastwise, are 
intended to be entered for home consumption immediately on arrival at the port 
of destination, when the duty is to be paid according to the account taken at the 
original port of importation) and if any deficiency be found between such re¬ 
weighing and the original landing account, duty to be paid on such deficiency 
forthwith.—Cus. Min. 10 July, 1830. 

— - The Lords of the Treasury having, by their letter of the 26 June last, extended 

the indulgence of removing articles coastwise without reweighing, the Com¬ 
missioners of the Customs (who are to make regulations on the subject) have 
directed that the indulgence granted to Sugar and Molasses should be extended 
to the following articles only : —Ashes, Pot and Pearl , Soap, Wood and Weed, 
—Barilla in Packages, —Bristles,—Copperas, Green, White, Blue ,— 
Lead, Black, Red, White, — Madder and Madder Roots, — Ochre, — Orche- 
lia, — Pitch and Tar, — Shumac, — Tallow,—Wool, Cotton. — Minute,- 
31 Aug. 1832. 

*** Warehoused Goods shipped coastwise, and lost on the voyage are to 
be deemed satisfactorily accounted for, and the Bond cannot be enforced.— 
Opinion of Attorney and Solicitor-General.—Treas. Letter, 24 Feb. 1832; 
But see also Treas. Letter, 12 May, 1832. 









BOUNTIES AND ALLOWANCES. 


(321 


CHAPTER VIII. 


BOUNTIES AND ALLOWANCES. 

Bounties of Customs. 

6 Geo. IV. c. 113. 

An Act to grant certain Bounties and Allowances of Customs. 

After reciting the 6 Geo. IV. c. 105, and stating that the laws by 
which any bounties or allowances of customs have been given, will 
thereby be repealed, and that it is expedient to make provisions for giving 
such bounties and allowances in certain cases after such repeal shall 
have effect: it is enacted, that from and after the 5th of January, 1826, 
this act shall come into and be and continue in full force and operation 
for giving any bounties or allowances of customs. § 1. 

On exportation of goods enumerated , bounties shall be paid .—Upon 
the exportation from the United Kingdom of the several sorts of 
goods enumerated in the schedule hereinafter contained, there shall 
be given the several bounties set forth in figures next after the several 
sorts of goods therein expressed, and under the conditions hereinafter 
directed. § 2. 

For the Schedule see Table at the end. 

Bond to be given for the due exportation .—The exporter cf any 
goods in respect of which any bounty is claimed, or the person in 
whose name the same are entered outwards, shall, at the time of 
entry, (and before cocket be granted,) give bond in double the value of 
the goods, (with one sufficient surety,) that the same shall be duly 
exported to the place for which they are entered, or be otherwise ac¬ 
counted for to the satisfaction of the commissioners of customs,—and 
shall not be relanded in the United Kingdom,—or landed in the Isle of 
Man—or the Islands of Faro or Ferro,—and shall not be landed in 
Guernsey, Jersey, Alderney, or Sark, unless expressly entered to be 
exported to one of those places. § 3. 

Sugar candy .—No bounty shall be given upon the exportation of any 
refined sugar called candy, unless it be properly refined and manufac¬ 
tured, and free from dirt and scum—and packed in packages, each of 
which shall contain half a hundred weight at the least. § 4. 

Sugar crashed for exportation .—If any sugar in lumps or loaves is 
to be pounded, crashed, or broken, before the same be exported for the 
bounty, such lumps or loaves shall (after entry) be lodged in some 
warehouse, provided by the exporter and approved by the commissioners 
of customs for such purpose, to be then first examined by the officers of 
customs while in such lumps or loaves, as if for immediate shipment, 
and afterwards to be there pounded, crashed, or broken, and packed for 
exportation, in the presence of such officers, and at the expense of the 
exporter;—and such sugar shall be kept in such warehouse, and be 
removed from thence for shipment, and be shipped under the care of 
the searchers, in order that the shipment and exportation thereof may 



622 


BOUNTIES AND ALLOWANCES. 


be duly certified by them upon the debenture,* * * § according to the quality 
ascertained by them while in lumps or loaves. § 5. 

Different sorts of crashed sugar to be kept separate .—The different 
sorts of sugar shall be kept apart from each other, in such manner and 
in such distinct rooms or divisions of such warehouse, as shall be 
directed by the commissioners of customs;—and if any sort of sugar 
shall be found in any part of such warehouse appointed for the keeping 
of sugar of a sort superior in quality thereto, the same shall be for¬ 
feited ;—and if any sort of sugar shall be brought to such warehouse 
to be pounded, crashed, or broken, which shall be of a quality inferior 
to the sort expressed in the entry, such sugar shall be forfeited. § 6. 

Drawback on timber used in mines .—For all deals and timber here¬ 
inafter described, (being of the growth of Norway , and imported direct 
from thence,) and used in the mines of tin, lead, or copper in Devon or 
Cornwall ,—or in Ireland ,—and on which the duties of customs shall 
have been paid, there shall be allowed and paid the several drawbacks 
hereinafter mentioned ; (that is to say,) 


>413 


2 5 3 


On any such Deals being above seven inches in width, 
eight feet in length, and not above ten feet in length, 
and not exceeding one inch and a half in thickness, 

for every one hundred and twentyt. 

And on any Timber being five inches square, and not 
exceeding ten inches square, for every load containing 

fifty cubic feett...J 

Account to be kept of timber used in mines .—The several drawbacks 
for such deals and such timber so used, shall be paid to the owner of 
any such mine, under the following regulations; (that is to say,) the 
purser, agent, or captain of any such mine, intending to claim the 
drawback under this act, shall enter in a book an account of the quan¬ 
tity of such deals and timber used and employed in such mine, stating 
of whom such deals and timber were purchased, and at what port the 
same were stated by the vender to have been imported;—and at the end 
of each+ year he shall deliver an account thereof to the collector or 
comptroller of the customs of the port where the duty shall have been 
stated to have been paid, and shall make a declaration§ before him to 
the truth of such account, and shall, if required by such collector or 
comptroller, produce the cost book of such mine. § 13. 

Proof to be made to the truth of such account .—The person or his 
agent who shall have supplied the said deals and timber, shall make 
a declaration§ before the collector or comptroller to the truth of his ac¬ 
count, and that the same are the identical deals and timbers for which 
the duties had been paid, and thereupon a debenture shall be issued 
for payment of the drawback allowed by this act. § 14. 

The penalty for delivering false accounts shall be two hundred 
pounds for the first offence, and four hundred pounds for every second 
or further offence, to be sued for within three months after delivery of 
account. § 15. 


* For the stamp duty on debentures, see page 439. 

f See 9 Geo. IV. c. 76. § 17. 

J Altered to twice a year by 10 Geo. IV. c. 43. § 18. post. 

§ See page 436. 






BOUNTIES AND ALLOWANCES. 623 


7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Allowance of duly on barilla for bleaching *—For any barilla used 
in the process of bleaching of linen a repayment of the duties which 
had been paid on the importation of such barilla shall be made to the 
person so using’ the same,—provided that the person claiming such 
repayment shall, within three calendar months next after the 5th day 
of January, in each year, produce to the commissioners of the customs 
an account of the total quantity of barilla so used by him in the pre¬ 
ceding year, showing when and where and by whom the duties on the 
same had been paid, and where the same had been used ;—and shall 
also prove, to the satisfaction of the said commissioners, that the barilla 
mentioned in such account had, within such year been actually used by 
him in the process of bleaching of linen ; and thereupon a debenture 
shall issue for making such repayment at the port at or near to which 
such barilla shall have been so used. § 40. 

9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Bounties on Linen and Sail Cloth ceased on the 5th of Januarv, 
1832. § 16. 

Drawback on timber used in mines. —And whereas by the 6 Geo. IV. 
c. 113. certain drawbacks are granted on Deals and Timber, used 
as therein mentioned, and regulations are therein made for the issuing 
of debentures to the parties respectively once only for each year, and it 
is expedient to permit more frequent payment of such drawback to be 
made; it is therefore enacted, that under the like regulations it shall be 
lawful for the officers of the customs to issue such debentures twice for 
every year, [See 10 Geo. IV. c. 43. § 18. post,] provided that no de¬ 
benture for any such drawback shall be paid after the expiration of 
three years from the day on which the duty on any of the deals or 
timber mentioned in such debentures had been paid:—provided also, 
that the same amount of drawback, and no other, shall be allowed 
in respect of such deals and timber when the same had been imported in 
a foreign ship, as is granted by the said act in respect of such deals and 
timber when the same had been imported in a British ship. § 17. 

Committee of sugar refiners to provide sample loaves of double refined 
sugar. —And whereas by the last-mentioned act a bounty is allowed on 
the exportation of double refined sugar, and it is expedient that the 
said bounty should be allowed upon all sugar equal in quality to double 
refined sugar; it is therefore enacted, that there shall be provided by 
and at the expense of the committee of sugar refiners in London,—and 
in like manner by and at the expense of the committee of merchants in 
Dublin,—as many loaves of double refined sugar, prepared in manner 
hereinafter directed, as the commissioners of customs shall think neces¬ 
sary ; which loaves, when approved of by the said commissioners, shall 
be deemed and taken to be standard samples, one of which loaves shall 
be lodged with the said committees respectively, and one other with 


* Made perpetual by 1 and 2 Wm. IV. c. 16. § 8. See page 509. 



624 


BOUNTIES AND ALLOWANCES. 


such person or persons as the said commissioners shall direct, for the 
purpose of comparing therewith double refined sugar, or sugar equal in 
quality to double refined sugar, entered for exportation for the bounty; 

■—and fresh standard samples shall in like manner be again furnished 
by such committees respectively, and in like manner lodged, whenever 
it may be deemed expedient by the said commissioners ;—provided, 
that no loaf of sugar shall be deemed to be a proper sample loaf of 
double refined sugar as aforesaid, if it be of greater weight than fourteen 
pounds,—nor unless it be a loaf complete and whole,—nor unless the 
same shall have been made by a distinct second process of refinement 
from a quantity of single refined sugar, every part of which had first 
been perfectly clarified and duly refined, and had been made into loaves 
or lumps which were of a uniform whiteness throughout, and had been 
thoroughly dried in the stove. § 18. 

Sugar equal in quality to double refined sugar , to have like bounty. 
—In respect of refined sugar which is equal in quality to double 
refined sugar, the like bounty shall be paid as is granted by the said 
last-mentioned acts in respect of double refined sugar:—provided that 
no sugar shall be entitled to bounty as double refined sugar,—or as 
sugar equal in quality to double refined sugar,—unless it be in loaves 
complete and whole,* nor unless it correspond with or be equal in qua¬ 
lity to the sample loaves aforesaid. § 19 . 

Sugar not equal to the standard. —In case any sugar which shall be 
entered in order to obtain the bounty on double refined sugar,—or 
sugar equal in quality to double refined sugar,—shall, on examination 
by the proper officer, be found to be of a quality not equal to such 
standard sample, all sugar so entered shall be forfeited and may be 
seized. § 20. 

Bounties on sugar to be granted whether of British plantations or 
not.-~ The several bounties on refined sugar granted by the said last- 
mentioned act shall be granted equally in respect of all refined sugar, 
without regard to whether the same be made of sugar the produce of 
the British plantations or of the East Indies, or of sugar the produce of 
any other place. § 21. 


10 Geo. IV. c. 43. 

An Act to amend the Laws relating to the Customs. 

Refined sugar how to be packed. —And whereas an act was passed 
6 Geo. IV. c. 113. intituled “ An Act to grant certain Bounties and 
Allowances of Customs,” and it is expedient to amend the same; 
be it therefore enacted, that so much of the said last-mentioned act as 
requires refined sugar to be packed in packages each of which shall 
contain two hundred weight of such sugar at the least, shall be and the 
same is hereby repealed. § 17. 

Drawback on timber used in mines payable after the r oth April and 
\0th October. —And whereas by an act passed in theMast session of par¬ 
liament, 9 Geo. IV. c. 76. intituled “ An Act to amend the Laws re¬ 
lating to the Customs,” the officers of the customs are authorized to 
issue debentures for the drawback of duty on certain deals and timber 
used in the mines of tin, lead, or copper, in the counties of Devon or 


* See the next act. 





BOUNTIES AND ALLOWANCES. 


6:25 


Cornwall, nr in Ireland, twice for every year, (that is to say,) once after 
the 5th day of July and once after the 5th day of January ; and it is 
expedient to alter the said periods for issuing such debentures; be it 
therefore enacted, that such debentures shall be issued under the regu¬ 
lations required by law, once after the 5th day of April and once after 
the lOth day of October in each year, in lieu and instead of the periods 
above mentioned. § 18. 


1 Wm. IV. c. 50. 

An Act for granting to his Majesty , until the bth day of April , 1831, 
certain Duties on Sugar imported into the United Kingdom, for the 
service of the year 1830. 

Sugar bounties. —Eight-tenth parts of the bounty granted by an 
act of the sixth year of the reign of his late Majesty King George the 
Fourth, c. 113, intituled “ An Act to grant certain Bounties and Allow¬ 
ances of Customs,” and also by an act passed in the ninth year of 
his said Majesty’s reign, c. 76. intituled “ An Act to amend the 
Laws relating to the Customs,” upon all sugars therein mentioned, 
and exported from the United Kingdom, shall be and the same are 
hereby continued so long as the duties on the importation of sugar im¬ 
posed by this act shall remain in force, or be further continued by any 
act hereafter to be made.*—The bounties granted by this act shall be 
paid and allowed in like manner as if they had been granted by an 
act passed in the sixth year of the reign of his late Majesty, intituled 
“ An Act to grant certain Bounties and Allowances of Customs.” 
§§ 3 and 5. 

Regulations as to bounty on double refined sugar. —The bounty 
hereby continued on double refined sugar—and on sugar equal in 
quality to double refined sugar—shall be paid and allowed although 
such sugar shall be in lumps or shall be in loaves weighing more than 
fourteen pounds weight each loaf; any thing in the said act passed in 
the ninth year of his late Majesty’s reign to the contrary notwith¬ 
standing. § 6. 


2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Bounty on cordage repealed. —Whereas by the 6 Geo. IV. c. 113, 
intituled “ An Act to grant certain Bounties and Allowances of Cus¬ 
toms,” a bounty is granted on the exportation of cordage and spun 
yarn, and it is expedient to discontinue the same; be it therefore 
enacted, that so much of the said act as grants any bounty or allowance 
upon the exportation of cordage or of spun yarn shall (in respect ot 
any cordage or spun yarn which shall not have been shipped for ex¬ 
portation prior to the passing of this act) be and the same is hereby 
repealed. 

Bounty Goods. —Landing or harbouring them. Penalty one hundred 
pounds. See page 407. 


Continued to 5 April, 1833, by 2 & 3 Wm. IV. c. 95. (9 Aug. 1832.) 




62 6 


BOUNTIES AND ALLOWANCES. 


TABLE OF BOUNTIES AND DRAWBACKS OF 
CUSTOMS, &c. 

BOUNTIES. 

Sugar-refined, made in the United Kingdom. 

The 1 Wm, IV. c. 50. § 3 having directed 8-10ths of the Bounty 
granted by 6 Geo. IV. c. 113. to be paid for a limited time, 


the amounts are now as follows: 

Bastards, or refined loaf sugar broken in pieces,—or being £. s d. 
ground or powdered sugar,—or such sugar pounded, 
crashed, or broken, 

exported in a British ship; for every hundred 

weight. 1 4 0 

exported in a ship not British ; for every hun¬ 
dred weight. 1 3 2f 

-other refined sugar in loaf, complete and 

whole,—or lumps duly refined,—having been 


perfectly clarified and thoroughly dried in the 
stove,—and being of a uniform whiteness through¬ 
out,—or such sugar pounded, crashed, or broken, 
and 

Sugar Candy 

exported in a British ship; for every hundred 


weight . 1 16 9J- 

exported in a ship not British; for every hun¬ 
dred weight. 1 15 7j. 

double refined sugar— or sugar equal to double 
refined, additional bounty for every hundred 
weight. 0 6 4£ 


Crashed Sugar. —The practice of deducting 2 oz. per cwt. from 
the net weight of crashed sugar for waste discontinued.—Customs’ 
Minute, 13 July, 1830. 

DRAWBACKS. 

Silk goods manufactured in the United Kingdom.—By £. s . d . 
10 Geo. IV. c. 23. see page 506. and 2 and 3 Wm. 

IV. c. 84. § 39. page 511. 

For every lb. of Stuffs or Ribbons of Silk, com¬ 
posed of Silk only, and being of the value of 145. 

per lb. at least. . j . , 0 3 6 

For every Ua of Stuffs or Ribbons of Silk and Cot¬ 
ton mixed, whereof one half, at least, shall be 
Silk, and being of the value of 4s. 8 d. per lb. at 

least. ;. 0 1 2 

For every lb. of Stuffs or Ribbons of Silk and 
Worsted mixed, whereof one half, at least, shall 
be Silk, and being of the value of 2s. 4 d. per lb. at 
least. .. o 0 7 

Note .—British manufactured Silks, whether made from Raw or from Foreign or 
British Thrown Silk, to be allowed Drawback, provided they are of the 
value required by law.—Cus. Min. 14 Aug. 1829. 













BOUNTIES AND ALLOWANCES. 627 

The term “ Stuffs” is applicable only to such goods as are woven with a Warp 
and Weft, and in cases of Entry Outwards for Drawbacks of Stuffs or Rib¬ 
bons of Silk mixed with Cotton, the quantity to be allowed is one-third, and 
of Stuffs of Silk and Worsted one-sixth of the weight.—Cus. Min. 20 Jan. 
1830. 

Tobacco, 

manufactured in the United Kingdom, at or £. s. d. 
within two miles of any port into which tobacco 
may be imported,—6 Geo. IY. c. 111. ( Schedule ) 
and 2 and 3 Win. IV. c. 84. § 39. page 511.— 
made into Shag, Roll, Cut,* or Carrot Tobacco, 
the lb. 0 2 7J 

*** Segars manufactured in this country to be allowed drawback at 
the same rate as roll tobacco, provided they are exported in packages 
of lOOlbs.—Treasury Order, 8 Dec. 1828. 

Wine. 

By 1 and 2 Wm. IV. c. 30. page 510. 2 and 3 Wm. £. s. d. 
IV. c. 84. § 39. page 511. 

-the produce of the Cape of Good Hope, or of the 

territories or dependencies thereof, the gallon. .029 
-all other wine. . 0 5 6 

Rice or Paddy. —6 Geo. IV. c. 111. § 6. page 498. 

2 and 3 Wm. IV. c. 84. § 39. page 511. 

For every hundred weight of Rice or Paddy which 

shall have been cleaned in the United Kingdom 0 10 0 

Timber and Deals used in Mines, see ante, page 622. 

*%* For the Act authorizing his Majesty to regulate the Draw¬ 
backs, Bounties, and Allowances on goods exported in foreign vessels, 
see page 512. 

*%* For the Orders in Council directing the payment of like Draw¬ 
backs and Bounties on goods exported in certain foreign vessels, see 
page 517, et svpra. 

Plate. 

This is a drawback paid by the Goldsmith’s Company, but as 
the debenture is certified by the Searchers of the Customs, 
the Drawbacks are here inserted. 

-manufactured in Great Britain, and assayed and £. s. d . 

marked, viz. 


Of Gold, if 

made since the 31st Aug. 1815, the oz. 0 17 0 

Silver, if 

made since the 10th Oct. 1804, the oz. 0 1 3 

made after the 31st April, 1815, the oz. ..... 0 1 6 


Except on Gold Watch Cases, Silver Watch Cases, Chains, 
Necklaces, Beads, Lockets, Philigree Work, Shirt Buckles, or 
Brooches, Stamped Medals, and Spouts to China, Stone, or Earth¬ 
enware Tea Pots, of any weight whatever, Tippings, Swages, 


* Added by Commissioners’ Minute, 1 Sept. 1826. 
2 s 2 










6:28 


BOUNTIES AND ALLOWANCES. 


or Mounts, not weighing ten penny-weights of silver each, and 
not being Necks or Collars for Castors, Cruets, or Glasses, apper¬ 
taining to any sorts of Stands or Frames, Wares of Silver, not 
weighing five penny-weights each : this exemption is not to include 
Necks, Collars, and Tops of Castors, Cruets, or Glasses, apper¬ 
taining to any sort of Stands or Frames, Buttons to be affixed to 
or seton any Wearing Apparel, Solid Silver Buttonsand solid Studs, 
not having a bizelled edge soldered on, wrought Seals, Blank 
Seals, and Bottle Tickets, Shoe Clasps, Patch Boxes, Salt Spoons, 
Salt Ladles, Tea Spoons, Tea Strainers, Caddy Ladles, Buckles 
and Pieces of Garnish, Cabinets, Knife Cases, Tea Chests, Bridle 
Stands or Frames. 52 Geo. III. c. 59.—55 Geo. III. c. 185.— 
Rings, and any articles of Gold not exceeding two ounces in 
weight, 1 Geo. IV. c. 14. 


BRITISH POSSESSIONS ABROAD. 


629 


CHAPTER IX. 


BRITISH POSSESSIONS ABROAD. 

*** In the following act, Oaths are in a number of instances re¬ 
quired to be made, but by the 1 and 2 Win. IV. c. 4. Declarations 
are substituted in lieu thereof, except in certain cases, for which 
see the act, page 436.] 


6 Geo. IV. c. 114. 

An Act to regulate the Trade of the British Possessions abroad. 

After reciting 6 Geo. IV. c. 105. and that by the said act all the laws 
of the customs relating to the trade of the British possessions abroad 
will be repealed ; it is enacted, that from and after the 5th day of 
January, 1826, this act shall come into, and be, and continue in full 
force and operation, for the regulating of the trade of the British pos¬ 
sessions abroad. § 1. 

Importation and exportation of goods confined to Free Ports .—No 
goods shall be imported into,—nor shall any goods, (except the produce 
of the fisheries in British ships,) be exported from—any of the British 
possessions in America by sea, from or to any place—other than the 
United Kingdom, or some other of such possessions,—except into or 
from the several ports in such possessions, called “ free torts,” 
enumerated or described in the table following. § 2. 

[And if imported contrary thereto forfeited. See 7 Geo. IV. c. 48. 

§ 43. page 651 


TABLE OF FREE PORTS. 

Kingston, Savannah le Mar, Montego Bay, Santa Lucia, Antonio, Saint Ann, Fal¬ 
mouth, Maria, Morant Bay, and Anuotto Bay, in Jamaica. 

Saint George in Grenada. 

Roseau in Dominica. 

Saint John’s in Antigua. 

San Josef in Tuinidad. 

Scarborough in Tobago. 

Road Harbour in Tortola. 

Nassau in New Providence. 

Pitt’s Town in Crooked Island. 

Kingston in Saint Vincent. 

Port Saint George and Port Hamilton in Bermuda. 

Any port where there is a custom-house in Bahamas. 

Bridgetown in Barbadoes. 

Saint John’s. Saint Andrew’s, in New Brunswick. 

Halifax in Nova Scotia. 

Quebec in Canada. 

Saint John’s in Newfoundland. 

George Town in Demekara. 




630 


BRITISH POSSESSIONS ABROAD. 

New Amsterdam in Berrice. 

Castries in Saint Lucia. 

Basseterre in Saint Kitt’s. 

Charles Town in Nevis. 

Plymouth in Montserrat. 

Charlotte Town in Prince Edward’s Island.— Order in Council, 16 Nov. 1827. 

(Gazetted 14 Dec. 1827.) 

Pictou and Sydney in Nova Scotia.—O. in C. 13 Feb. (Gaz. 4 July, 1828.) 

Port of the Island ok Anquilla. —O. in C. 15 Aug. (Gaz. 21 Aug. 1832.) 

Black River, Rio Bueno, and Morant, in the Island of Jamaica.— O. in C. 10 Aug. 

(Gaz. 16 Aug. 1831.) 

His Majesty may extend the 'privileges to other ports not enumerated. 
—Provided always, that if his Majesty shall deem it expedient to extend 
the provisions of this act to any port not enumerated, it shall be lawful 
for his Majesty by order in council to extend the provisions of this act 
to such port; and after the day mentioned in such order, all the privi¬ 
leges of this act, and all the provisions therein contained, shall extend 
to such ports as fully as if the same had been inserted in the said table : 
—Provided also, that nothing herein shall extend to prohibit the ex¬ 
portation of the produce of the fisheries from any ports in any of the 
said possessions in British ships,—nor to prohibit the importation or 
exportation of goods, into or from any ports in Newfoundland or 
Labrador in British ships. § 3. 

Privileges granted to foreign ships limited to those countries which 
shall grant like privileges to British ships. —And whereas by the law 
of navigation (6 Geo. IV. c. 109. §11.) foreign ships are permitted to 
import into any of the British possessions abroad, from the countries to 
which they belong, goods the produce of those countries, and to export 
goods from such possessions to be carried to any foreign country what¬ 
ever; it is therefore enacted, that the privileges thereby granted to 
foreign ships shall be limited to the ships of those countries which, 
having colonial possessions, shall grant the like privileges of trading 
with those possessions to British ships, or which,—not having colonial 
possessions, shall place the commerce and navigation of this country, 
and of its possessions abroad, upon the footing of the most favoured 
nation, unless his Majesty by his order in council shall in any case deem 
it expedient to grant the whole, or any of such privileges, to the ships 
of any foreign country, although the conditions aforesaid shall not, in 
all respects, be fulfilled by such foreign country. § 4.* 

But nothing in this act, or in any other act passed in the present 
session, shall extend to repeal an act (4 Geo. IV. c. 77.)t intituled “ An 
act to authorize his Majesty, under certain circumstances, to regulate 
the duties and drawbacks on goods imported or exported in foreign 
vessels, and to exempt certain foreign vessels from pilotagenor to 
repeal or in any way alter or affect an act (5 Geo. IV. c. l.)+ to amend 
the last mentioned act, and that all trade and intercourse between the 
British possessions and all foreign countries shall be subject to the 
powers granted to his Majesty by those acts. § 5. 

Foreign ships trading between British possessions and other places in 
America. —Until the expiration of ten years, to be computed from the 
24th of June, 1822, every foreign ship which previous to that day had 
been engaged in trade between any of the British possessions in America, 
and other places in America, shall, for the purposes of this act, be 
deemed to be a ship of the country to which she had then belonged, if 
still belonging thereto. § 6. 


* See 7 and 8 Geo. IV. c. 56. § 41. page 654. 


f See pages 512 and 513. 



PROHIBITIONS AND RESTRICTIONS. 


631 


Goods prohibited or restricted to be imported into colonies. —The 
several sorts of goods enumerated in the table following, are hereby 
prohibited to be imported or brought, either by sea, or by inland car¬ 
riage or navigation, into the British possessions in America,— or into 
the island of Mauritius, —or shall be so imported or brought, only 
under the restrictions mentioned in such table.— 


A TABLE OF PROHIBITIONS AND RESTRICTIONS. 


Gunpowder. 

Arms. 

Ammunition or Utensils of War. 

-Prohibited to be imported except from the United Kingdom,—or from 

some other British Possession. 


Tea. 

-Prohibited to be imported, except from the United Kingdom, or from some 

other British possession in America, unless by the Eust India company, or 
with their licence. 

Fish, dried or salted.—Except herrings from the Isle of Man, taken and cured by 
the inhabitants thereof. 

Train Oil —[and all Fish Oil by 7 and 8 Geo. IV. c. 56. page 652.] 

-— Blubber, Fins, or Skins, the produce of creatures living in the sea 

prohibited to be imported, except from the United Kingdom,—or from 
some other British possession,—or unless taken by British ships fitted 
out from the United Kingdom,—or from some British possession, and 
brought in from the fishery. 


Coffee, 

Sugar, 

Molasses, 

Rum. 


} except to be warehoused for exportation only. 
[7 and 8 Geo. IV. c. 56. § 28. page 652.] 


-Being of foreign production,—or the production of any place within the limits 

of the East India company’s charter, (except the island of Maut'itius ,) pro¬ 
hibited to be imported into any of the British possessions on the continent of 
South America, or in the West Indies , (except the Bahama and Bermuda 
islands , or into the island of Mauritius,') and may also be prohibited to be 
imported into the Bahama or the Bermuda islands by his Majesty’s order in 
council. 

Base or Counterfeit Coin. 

Books. 


Such as are prohibited to be imported into the United Kingdom j prohibited 
to be imported. 


And if any goods shall be imported or brought into any of the 
British possessions in America,—or into the island of Mauritius,— 
contrary to any of the prohibitions mentioned in such table, the 
same shall he forfeited. § 7.* 


Coffee , Sfc. though British, deemed foreign in certain cases. —All coffee, 
cocoa-nuts, sugar, molasses, and rum, (although the same may be of 
the British plantations,) imported into any of the British possessions 
in America,—(into which the like goods of foreign production can be 
legally imported,)—shall upon subsequent importation from thence into 
any of the British possessions in America, (into which such goods, being 
of foreign production, cannot be legally imported,) or into the island of 
Mauritius,—or into the United Kingdom,—be deemed to be of foreign 
production,—and shall be liable, on such importation, to the same duties 
or the same forfeitures, as articles of the like description, (being of 
foreign production,) would be liable to, unless the same shall have been 
warehoused under the provisions of this act, and exported from the 


* See 7 and 8 Geo. IV. c. 56. $ 38. page 653. 









632 BRITISH POSSESSIONS ABROAD. 

warehouse direct to such other British possession, or to the island of 
Mauritius, or to the United Kingdom. § 8. 

Duties of importation in America .—There shall be raised, levied, 
collected, and paid unto his Majesty the several duties of customs, set 
forth in figures in the table of duties hereinafter contained, upon goods 
imported into any of his Majesty’s possessions in America. § 9. 


TABLE OP DUTIES. 


1 


S. 


cl. 


Duties payable upon Spirits, being of the growth, production, or 
manufacture of the United Kingdom, or of any of the British pos¬ 
sessions in America or the West Indies , imported into Newfound¬ 
land or Canada. 

Spirits, imported into Newfoundland, videlicet, 

the produce of any of the British possessions in South America or 
the IVest Indies ; videlicet , 

from any of the British possessions in South America or the West 

Indies, the gallon. 

[2 and 3 Wm. IV., c. 8.4. (Aug. 3, 1832.) ] 

imported from the United Kingdom, the gallon. 

imported from any other place, to be deemed Foreign, and to be charged 
with duty as such. 

_ the produce of any British possessions in North America, or of the 

United Kingdom, and imported from the United Kingdom, or from 
any British possession in America, or the West Indies, the gallon. 
imported from any other place, to be deemed Foreign, and to be charged 
with duty as such. 

- imported into Canada ; videlicet, 

the produce of any British possession in South America or the West 

Indies, and imported from the United Kingdom, the gallon. 0 

imported from any other place, to be deemed Foreign, and be charged 
with duty as such. But— 

- Rum or other Spirits, the produce of any British possession in South 

America or the West Indies , when imported from any British posses? 
sion in America into Canada, shall not be deemed to be foreign, nor 
be charged with duty as such.— 

And the duty of sixpence the gallon, imposed upon such Rum or other 
Spirits, when imported into Canada from the United Kingdom, shall 
be payable over and above any duty thereon there payable under any 
Colonial law, any thing in the said act, or this act, to the contrary 
notwithstanding. [See 7 Geo. IV. c. 48. § 44. joos/.] 


0 6 
1 6 


1 6 


DUTIES payable upon Goods, Wares, and Merchandise, (not being of 
the growth, production, or manufacture of the United Kingdom, or 
of any of the British possessions in America, or of the island of Mau¬ 
ritius,) imported or brought into any of the British possessions in 
America *—or the island of Mauritius —by sea or by inland carriage 
or navigation. £ s . d. 


For every barrel of Wheat Flour not weighing more than 196 lbs. net weight 0 5 0 

— -- - of Wheat Flour which shall have been warehoused at any 

free warehousing port in the British possessions in North Ame¬ 
rica, and which shall be imported direct from the warehouse at 
such port into any British possession in the West Indies—or 

in South America. . 0 10 

For every bushel of Peas, Beans, Rye, Calavances, Oats, Barley, or Indian 

corn. 0 0 7 

For every 1000 Shingles not more than 12 inches in length. 0 7 l» 

For every 1000 Shingles being more than 12 inches in length. 0 14 0 

For every 1000 Red oak Staves or headings . 0 15 0 

For every 1000 White oak Staves or headings. 0 12 6 

For every 1000 feet of white, yellow, or pitch pine lumber of one inch thick 1 1 0 


* All Duties imposed upon the importation into any of the British possessions in 
America of—Drugs,—Gums,—Resins,—Dye Wood,—Cabinet Maker's Wood—Tor¬ 
toise-shell,—Hemp,—Flax, or Tow, shall be and are repealed. 2 and 3 Wm. IV. 
c. 84 § 52. 

















DUTIES. 


633 


For every 1000 feet of other kinds of Wood and Lumber. 

For every 1000 Wood Hoops.‘’_ W.Y. 

Salted Beef and Salted Pork—(except into Newfoundland )—and all Salted 
Beef and Salted Pork imported from Newfoundland, whether of Foreign 
Production or not, the cwt.. . % 

[7 and 8 Geo. IV. c. 56. 6 29.1 
Spirits j videlicit , * 

■ -- Brandy, Geneva, or Cordials, for every gallon. 

And further, the amount of any duty payable for the time being 
on Spirits the manufacture of the United Kingdom. 

- not otherwise charged with duty, for every gallon. 

[7 and 8 Geo. IV. c. 56. § 29.] ’ 

■ - Rum, for every gallon*. 

- Spirits, the produce of any of the British possessions in South 

America or the West Indies, imported into any of the British 
possessions in North America, from some other British posses¬ 
sion in North America, shall not be subject to any higher duty 
than would have been payable if such spirits had been imported 
from some British possession in South America or the West Indies. 

[7 and 8 Geo. IV. c. 56 § 30.] 

Wine, imported in bottles, the tun containing 252 gallons. 

And further, for every £*100 of the true and real value thereof. 

And for every dozen of foreign quart bottles, in which such wine may 

be imported... 

Not in bottles, for every £100 value. 

-- And Wine in casks imported into the British possessions in North 

America, from Gibraltar or Malta, shall not be subject to any 
higher duty than would have been payable if such wine had been 
imported from the United Kingdom. 

-And Wine in bottles, (having been bottled in the United Kingdom,) 

imported into any of the British possessions in America, from the 
United Kingdom, shall not be subject to any higher duty than 
would have been payable if such wine had been imported in casks; 
—and no duty shall be charged upon the bottles containing such 
wine. § 30. 

-And for the purposes of Medicine, see § 45.‘page 692. 

[7 and 8 Geo. IV. c. 56. § 30.] 

Coffee,* for every cwt. .. 

Cocoa,* for ever)' cwt. 

Sugar,* for every cwt. 

Molasses,* for every cwt. 

Alabaster, Anchovies, Argol, Aniseed, Amber, Almonds,—Brimstone, Bo- 
targo, Boxwood,—Currants, Capers, Cascasoo, Cantharides, Cummin- 
seed, Coral, Cork, Cinnabar,—Dates,—Essence of Bergamot—of Lemon 
of Roses—of Citron—of Oranges—of Lavender—of Rosemary, Emery- 
stone,—Flax, Fruit, viz. dry, preserved in sugar; wet, preserved in 
brandy : Figs, — Gum Arabic—Mastic—Myrrh—Sicily—Ammoniac: 
Hemp, Honey,—Jalap, Iron in bars unwrought, and pig iron, Juniper- 
berries, Incense of Frankincense,—Lava and Malta stone for building, 
Lentils,—Manna, Marble, rough and worked, Mosaic Work, Medals, 
Musk, Maccaroni,—Nuts of all kinds,—Oil of Olives—of Almonds, 
Opium, Orris-root, Ostrich Feathers, Ochres, Orange Buds and Peel, 
Olives,—Pitch, Pickles in jars and bottles, Paintings, Pozzolana, Pumice- 
stone, Punk, Parmesan Cheese, Pickles, Prints, Pearls, Precious Stones, 
(except diamonds,)—Quicksilver,—Raisins, Rhubarb,—Sausages, Senna, 
Scammony, Sarsaparilla, Saffron, Sufflower, Sponges,—Tar, Tow, Tur¬ 
pentine,—Vermilion, Vermicelli,—Whetstones, for every £100 of the 

true and real value thereof. 

Hay and straw,—coin and bullion,—diamonds,—salt,—fruit and vegeta¬ 
bles fresh,—cotton wool,—goods the produce of places within the limits 
of the East India Company’s charter (but see 7 and 8 Geo. IV. c. 56. 
§ 25, 26.) horses of persons travelling into or through the province of 
Upper Canada, and necessarily used in removing themselves, their fami- 


£ s. d. 
1 8 0 
0 5 3 


0 12 0 


0 1 0 

0 1 0 
0 0 6 


7 7 0 
7 10 0 

0 1 0 
7 10 0 


0 5 0 
0 5 0 
0 5 0 
0 3 


7 10 0 


* And further, the amount of any duty payable for the time being on coffee, cocoa, 
sugar, molasses, and rum respectively, being the produce of any of the British pos¬ 
sessions in South America or the West Indies. 

























631 


BRITISH POSSESSIONS ABROAD. 


lies anti baggage:—cord wood for fuel, and saw logs brought into Upper 
Canada,—herrings taken and cured by the inhabitants of the Isle of Man, 
and imported direct from thence;—any sort of craft, food, and victuals, 

(except spirits,) and any sort of clothing and implements or materials fit 
and necessary for the British fisheries in America, imported into the place 
at or from whence such fishery is carried on, in British ships ;—rice and 
Indian corn, and lumber the produce of any British possession on the west 

coast of Africa , and imported direct from thence. duty free. 

Masts, timber, staves, wood hoops, shingles, lathwood, cord wood for 
fuel, raw hides, tallow, ashes, fresh meat, fresh fish, and horses, car¬ 
riages, and equipages of travellers, being brought by land or inland navi¬ 
gation into the British possessions in America, shall be so brought ... .duty free. 

[7 and 8 Geo. IV. c. 56. § 33.] 

Masts, timber, staves, wood, .hoops, shingles, lathwood and cord wood 
for fuel, shall be imported into any of the British possessions in North 

America...... duty fueu. 

[10 Geo. IV. c. 43.] 

Corn, grain, seeds, meal, flour, bread, biscuit, rice, fruits, pickles, 
woods of all sorts, hemp, flax, tow, oakum, pitch, tar, rosin, turpentine, 
ochres, brimstone, saltpetre, gums, drugs, vegetable oils, burr stones, dog 
stones, hops, cork, sago, tapioca, spunge, sausages, cheese, cider, wax, 
spices, tallow, being imported into any of the British possessions in Ame¬ 
rica direct from the warehouse in the United Kingdom, shall be so im¬ 
ported. ...DUTY free. 

[9 Geo. IV. c. 76. § 23.] 

Horses, mules, asses, neat cattle, and all other live stock, shall be imported 

or brought into the said possessions. duty free. 

[9 Geo. IV. c. 76. § 23.] 

Tallow and raw hides brought by land or by inland navigation into any of 

the said possessions. duty free. 

[9 Geo. IV. c. 76. § 23.] 

Raw hides imported into the British possessions in North America, from 

the West Coast of Africa, shall be so imported. duty free. 

[10 Geo. IV. c. 43. § 15.] £ s . d. 

Clocks and Watches, Leather Manufactures, Linen, Musical Instruments, 

Wires of all sorts, Books and Papers, [and Silk Manufactures,] for every 

£100 of the true and real value thereof. 30 0 0 

[7 and 8 Geo. IV. c. 56. §33.] 

Glass and Manufactures, Soap, Refined Sugar, Sugar Candy, Tobacco 
Manufactured, [and Cotton Manufactures,] for every £100 of the true 

and real value thereof. 20 0 0 

[7 and 8 Geo. IV. c. 56. § 29.] 

Goods, wares, or merchandise, not being enumerated or described, nor other¬ 
wise charged with duty by this act, for every £100 of the true and real 

value thereof. 15 0 0 

And if any of the goods hereinbefore mentioned shall be imported through 
the United Kingdom, (having been warehoused therein, and exported 
from the warehouse, or the duties thereon, if then paid, having been 
drawn back,) one-tenth part of the duty to be remitted. 

And if any of the goods hereinbefore mentioned shall be imported through 
the United Kingdom, (not from the warehouse,) but after all duties of 
importation for home use thereon shall have been paid thereon in the said 
United Kingdom, and not drawn back,—such goods shall be . .free of all duties. 

Upon the importation from any Foreign Country into the British 
possessions on the continent of South America —or in the West Indies , 
—or into the Bahama or Bermuda islands,—of the articles mentioned 
in the following table, there shall be paid the several temporary addi¬ 
tional duties as the same are set forth in the said table ; (that is to say ;) 


s. d. 

Staves and Headings, until the 1st of January, 1834, the 1000... 11 3 

on and from the 1st of January, 1834, to the 1st of Jan. 1836, the 1000. 7 3 

White or yellow pine lumber, until the 1 st of January, 1834, the 1000 feet of 

1 inch thick... 7 q 

on and from the 1 st of January, 1834, to the 1 st of January, 1836, the 

1000 feet of 1 inch thick....... 5 

[1 Wm. IV. c. 24.] 














635 


WEIGHTS AND MEASURES. 

Ads not repealed. —Nothing in this act, or in any other act passed 
in the present session, shall extend to repeal, or in any way to alter or 
affect an act, (18 Geo. III. c. 12.) intituled “ An act for removing all 
doubts and apprehensions concerning taxation by the Parliament of 
Great Britain, in any of the colonies, provinces, and plantations in 
North America and the West Indies, and for repealing so much of an 
act made in the seventh year of the reign of his present Majesty, as 
imposes a duty on Tea imported from Great Britain into any colony or 
plantation in America, as relates thereto,” nor to repeal or in any way 
alter or affect any act now in force, which was passed prior to the last- 
mentioned act, and by which any duties in any of the British possessions 
in America were granted, and still continue payable to the crown ; nor 
to repeal, or in any way alter or affect an act of 31 Geo. III. c. 31. 
intituled “ An act to repeal certain parts of an act passed in the four¬ 
teenth year of his Majesty’s reign, intituled ‘ An act for making more 
effectual provisions for the government of the province of Quebec in 
North America, and to make further provisions for the government of 
the said province.’ ” $ 10 . 

Duties imposed by ads prior to ad 18 Geo. III. to be applied to 
purposes of those acts. —The duties imposed by any of the acts passed 
prior to the said act of 18 Geo. III. shall be received, accounted for, 
and applied for the purposes of those acts: Provided that no greater 
proportion of the duties imposed by this act shall be charged upon any 
article which is subject also to duty under any of the said acts, or sub¬ 
ject also to duty under any colonial law, than the amount, if any, by 
which the duty charged by this act shall exceed such other duty -Pro¬ 
vided that the full amount of the duties mentioned in this act, whether 
on account of such former acts, or on account of such colonial law, or on 
account of this act, shall be levied and received under the regulations of 
this act. § 11 . 

Currency weights and measures. —All sums of money granted by 
this act, either as duties, penalties, or forfeitures, in the British pos¬ 
sessions in America, shall be deemed to be sterling money, and shall 
be paid to the amount of the value which such nominal sums bear in 
Great Britain ;—and such monies maybe received according to the pro¬ 
portion of 5s. Qd. the ounce in silver ;—and all duties shall be paid in 
every part of the British possessions in America, according to British 
weights and measures, and in all cases where such duties are imposed 
according to any specific quantity, or any specific value, the same shall 
be deemed to apply in the same proportion to any greater or less quan¬ 
tity or value; and all sueh duties shall be under the management of the 
commissioners of customs. § 12 . 

Duties paid by collector of customs. —The produce of the duties so 
received by the powers of this act, except duties payable under any act 
prior to 18 Geo. III., shall be paid by the collector of customs into the 
hands of the treasurer or receiver-general of the colony, to be applied 
to such uses as shall be directed by the local legislatures of such colo¬ 
nies ; and the produce of such duties, in the colonies which have no 
local legislature, shall be applied in such manner as shall be directed by 
the commissioners of the treasury. § 13. 

Drawback on rum and spirits. —There shall be allowed upon the 
exportation from Newfoundland to Canada of rum or other spirits, 
(being the produce of the British possessions in South America or the 
West Indies,) a drawback of the full duties of customs paid upon the 
importation thereof from any of the said places into Newfound- 


636 


BRITISH POSSESSIONS ABROAD. 

land,—provided proof be made to the satisfaction of the collector and 
comptroller at the port from whence such rum or spirits shall be ex¬ 
ported, that the full duties on importation had been paid,—and that a 
certificate be produced under the hands and seals of the collector and 
comptroller at Quebec, that such rum or spirits had been duly landed 
in Canada :—but no drawback shall be allowed upon any such rum or 
spirits unless the same shall be shipped within one year from the day 
of shipment. § 14. 

Ship and cargo to be reported on arrival. —The master of every ship 
arriving in any of the British possessions in America,—or the island ot 
Mauritius,—or in the islands of Guernsey, Jersey, Alderney, or Sark,— 
(whether laden or in ballast,) shall come directly, and before bulk be 
broken, to the custom-house for the port where he arrives, and there 
make a report in writing to the collector or comptroller of the 
arrival and voyage of such ship,—stating her name, country, and ton¬ 
nage, (and if British, the. port of registry,) the name and country of the 
master,—the country of the owners,—the number of the crew,—and how 
many are of the country of such ship,—and whether she be laden or in 
ballast,—and if laden, the marks, numbers, and contents of every pack¬ 
age and parcel of goods on board,—and where the same was laden,—and 
where and to whom consigned,—and where any and what goods, (if 
any,) had been unladen during the voyage:—and the master shall 
further answer all such questions concerning the ship, and the cargo 
and the crew and the voyage, as shall be demanded of him by such 
officer ;—and if any goods be unladen before such report,—or if the 
master fail to make such report,—or make an untrue report,—or do not 
truly answer the questions demanded of him, he shall forfeit one hun¬ 
dred pounds; and if any goods be not reported, such goods shall be 
forfeited. § 15. 

Entry outwards of ship for cargo. —The master of every ship bound 
from any British possession in America,—or the island of Mauritius,—or 
the islands of Guernsey, Jersey, Alderney, or Sark,—shall before any 
goods be laden therein,—deliver to the collector or comptroller an entry 
outwards under his hand of the destination of such ship, stating her 
name, country, and tonnage, (and if British the port of registry,) the 
name and country of the master, the country of the owners, the number 
of the crew, and how many are of the country of such ship ;—and if 
any goods be laden on board before such entry, the master shall forfeit 
fifty pounds ,—and before such ship depart, the master shall deliver to the 
collector or comptroller, a content in writing under his hand of the goods 
laden, and the names of the shippers or consignees, with the marks 
and numbers of the packages, and shall make a declaration to the truth 
of such content;—and the master of every ship bound from any British 
possession in America,—or from the island of Mauritius,—or from the 
islands of Guernsey, Jersey, Alderney, or Sark, (whether in ballast or 
laden,) shall before departure come before the collector or comptroller 
and answer all such questions as shall be demanded of him by such 
officer;—and thereupon the collector and comptroller, (if such ship be 
laden,) shall give to the master a certificate of the clearance, containing 
an account of the total quantities of the several sorts of goods laden 
therein,—or a certificate of her clearance in ballast:—and if the ship shall 
depart without such clearance, or if the master shall deliver a false con¬ 
tent, or shall not truly answer the questions demanded of him, he shall 
forfeit one hundred pounds. § 16. 

Newfoundland fishing certificates in lieu of clearance, during the 


ENTRY OF GOODS. 637 

fishing season. —Whenever any ship shall be cleared out from any port 
in Newfoundland or in any other part of his Majesty’s dominions, for 
the fisheries on the banks of Newfoundland or Labrador, without hav¬ 
ing on board any article of traffic, (except only provisions, nets, tackles, 
and things usually employed in the fishery, and for the carrying on of 
the same,) the master shall be entitled to demand from the collector a 
certificate under his hand that such ship hath been specially cleared out 
for the Newfoundland fishery, and such certificate shall be in force for 
the fishing season of the year and no longer ;—and upon the first arrival 
in any port in Newfoundland, a report thereof shall be made by the 
master to the principal officer of customs,—and all ships having such 
certificate so reported, and being actually engaged in the fishery,—or in 
carrying coastwise to be landed or put on board any other ships engaged 
in the said fishery, any fish, oil, salt, provisions, or other necessaries,— 
shall be exempt from all obligation to make any entry at or obtain any 
clearance from any custom-house at Newfoundland, upon arrival at or 
departure from any of the ports of the said colony during the fishing 
season ;—and previously to, obtaining a clearance at the end of such 
season for any other voyage at any of such ports, the master shall de¬ 
liver up the certificate to the principal officer of customs :—Provided 
always, that in case any such ship shall have on board, during the time 
the same may be engaged in the said fishery, any goods other than fish, 
seals, oil made of fish or seals, salt provisions, and other thing, the 
produce of or employed in the said fishery, such ship shall forfeit the 
fishing certificate, and be subject to the same rules as ships in general 
are liable to. § 17. 

Entry of goods to be laden or vnladen. —No goods shall be laden or 
water-borne to be laden on board any ship,—or unladen from any ship— 
in any of the British possessions in America,—or the island of Mauri¬ 
tius,—or the islands of Guernsey, J ersey, Alderney, or Sark,—until entry 
shall have been made of such goods, and warrant granted -and no 
goods shall be so laden or water-borne,—or so unladen,-—except at some 
place at which an officer of customs is appointed, or at some place for 
which a sufference shall be granted by the collector and comptroller ;— 
and no goods shall be so laden or unladen except in the presence or 
with the permission in writing of the proper officer:—Provided always, 
that it shall be lawful for the commissioners of customs to appoint such 
other regulations for the carrying coastwise, or for the removing of any 
goods for shipment, as to them shall appear expedient;—and all goods 
laden, water-borne, or unladen, contrary to this act, or contrary to any 
regulations so made, shall b q forfeited. § 18. 

Particulars of entry of goods inwards and outwards. —The person 
entering any such goods shall deliver to the collector or comptroller, a 
bill of the entry in words at length, containing the name of the exporter 
or importer, and of the ship and of the master, and of the place to or 
from which bound, and of the place within the port where the goods are 
to be laden or unladen, and the particulars of the goods, and the pack¬ 
ages, and the marks and numbers on the packages, and such person 
shall at the same time pay down all duties due upon the goods, and the 
collector and comptroller shall thereupon grant their warrant for the 
lading or unlading of such goods. § 19.* 

Entry inwards by bill of sight. —If the importer shall declare 
before the collector or comptroller, that he cannot for want of full 


See 9 Geo. IV. c. 76. § 22. page 654. 







638 BRITISH POSSESSIONS ABROAD. 

information, make perfect entry, it shall be lawful for the collector and 
comptroller to receive an entry by a bill of sight for the packages, by 
the best description which can be given, and to grant a warrant there¬ 
upon, in order that the same may be landed and secured, at the expense 
of the importer, and may be seen by such importer, in the presence of 
the officers ;—and within three days after the goods shall have been so 
landed, the importer shall make a perfect entry, and pay down all 
duties ;—and in default of such entry, such goods shall be taken to the 
king’s warehouse,—and if the importer shall not, within one month after 
such landing, make perfect entry, and pay the duties, together with 
charges of removal and warehouse rent, such goods shall be sold for the 
payment thereof, and the overplus, if any, shall be paid to the pro¬ 
prietor. § 20 . 

Goods subject to ad valorem duty. —In all cases where the duties are 
charged, not according to the weight, tale, gauge, or measure, but ac¬ 
cording to the value thereof, such value shall be ascertained by the de¬ 
claration of the importer, or his agent, in manner following; (that is to 

sa Y>) , . , 

“ I, A. B., do hereby declare, that the articles mentioned in the entry, 
and contained in the packages {here specifying the several packages , and 
describing the several marks and numbers , as the case may be] are of 
the value of Witness my hand the 

day of A. B. 

The above declaration, signed the day of in the 

presence of C. D. collector, [or other principal officer.]” 

Which declaration shall be written on the bill of entry, and shall he 
subscribed with the hand of the importer, or his agent, in the presence 
of the collector:—Provided that if upon view and examination by the 
proper officer, it shall appear to him that the said articles are not valued 
according to the true value, then the importer, or his agent, shall be 
required to declare before the collector or comptroller what is the in¬ 
voice price; and such invoice price, with the addition of ten pounds per 
cent, thereon, shall be deemed to be the value, in lieu of the value de¬ 
clared by the importer or agent, and upon which the duties shall be 
charged :—Provided also, that if it shall appear to the collector and 
comptroller, that such articles have been invoiced below the real value, 
or if the invoice price is not known, the articles shall in such case be 
examined by two competent persons, to be nominated by the governor 
or commander in chief of the colony, and such persons shall declare 
before the collector or comptroller, what is the true value in such 
colony, and the value so declared shall be deemed to be the true value, 
and upon which the duties shall be charged. § 21. 

If importer refuse to pay such duty the goods may be sold. —If the 
importer of such articles shall refuse to pay the duties, it shall be law¬ 
ful for the collector or chief officer of customs to take and secure the 
same, with the casks or package, and to cause the same to be publicly 
sold within twenty days after such refusal, and at such time and place 
as such officer shall, by four or more days’ public notice, appoint for 
that purpose, which articles shall be sold to the best bidder; and the 
money shall be applied in the first place in payment of the duties, toge¬ 
ther with the charges occasioned by the said sale, and the overplus, if 
any, be paid to such importer or proprietor. § 22. 

Goods not entered in twenty days. —Every importer of any goods 
shall, within twenty days after the arrival of the importing ship, make 
due entry inwards, and land the same ; and in default, it shall be law- 


CERTIFICATES. 639 

fill for the officers of customs to convey such goods to the king’s ware¬ 
house ; and if the duties be not paid within three months after such 
twenty days shall have expired, together with all charges of removal 
and warehouse rent, the same shall be sold, and the produce applied 
first to the payment of freight and charges, next of duties, and the over¬ 
plus, if any, paid to the proprietor. § 23. 

Goods imported from United Kingdom or British possessions.—No 
goods shall be imported into any British possession as being imported 
from the United Kingdom, or from any other British possession, (if any 
advantage attacn to such distinction,) unless such goods appear upon 
the cockets to have been duly cleared outwards at the port of exporta¬ 
tion, nor unless the ground upon which such advantage be claimed be 
stated in such cocket. § 24.* 

Entry not to be valid , if goods be not properly described in it. —No 
entry,—nor any warrant for the landing of any goods,—or for the taking 
of any goods out of any warehouse,—shall be valid, unless the particulars of 
the goods and packages in such entry shall correspond with the particu¬ 
lars of the goods and packages purporting to be the same in the report 
of the ship, or in the certificate or other document, (where any is re¬ 
quired,) by which the importation or entry of such goods is authorized,— 
nor unless the goods shall have been properly described in such entry 
by the denominations, and with the characters and circumstances, accord¬ 
ing to which such goods are charged with duty, or may be imported ;— 
and any goods taken or delivered out by virtue of any entry or war¬ 
rant not corresponding, or not properly describing the same, shall be 
deemed to be goods landed without due entry, and shall be forfeited. §25. 

Certificate of production for sugar , coffee , cocoa-nuts , spirits , or ma¬ 
hogany. —Before any sugar, coffee, cocoa-nuts, spirits, or mahogany 
shall be shipped for exportation in any British possession in America, 
or in the island of Mauritius, as being the produce of such possession, 
the proprietor of the estate, or his agent, shall make and sign a de¬ 
claration in writing before the collector or comptroller, or before one 
justice of the peace, declaring that such goods are the produce of such 
estate ; and such declaration shall set forth the name of the estate, and the 
description and quantity of the goods, and the packages, with the 
marks and numbers thereon, and the name of the person to whose charge 
at the place of shipment they are to be sent; and if any justice, or other 
officer, shall subscribe his name to any such declaration, unless the person 
shall actually appear before him, such justice or officer shall forfeit fifty 
pounds ; and the person entering and shipping such goods shall deliver 
such declaration to the collector or comptroller, and make a declaration 
before him that the goods are the same; and the master of the ship in which 
such goods shall be laden shall, before clearance, make a declaration be¬ 
fore the collector or comptroller, that the goods shipped are the same ; 
and thereupon the collector and comptroller shall give to the master a 
certificate of production, stating that proof has been made that such 
goods are the produce of such British possession, and setting forth the 
name of the exporter, and of the exporting ship, and of the master, 
and the destination of the goods ;—and if any sugar, coffee, cocoa nuts, 
or spirits be imported, as being the produce of some other possession, 
without such certificate of production, the same shall be forfeited; —and 
if any mahogany be so imported, the same shall be deemed to be of 
foreign production. § 26. 


* But see 7 and 8 Geo. IV. c. 56. § 27. page 652. 







640 


BRITISH POSSESSIONS ABROAD. 


Certificate of production on reexportation from another colony .— 
Before any sugar, coffee, cocoa-nuts, spirits, or mahogany shall be 
shipped for exportation in any British possession, as being the produce 
of some other such possession,—or of the island of Mauritius,—or shall 
be so shipped in the said island as being the produce of some British 
possession, the person exporting shall in the entry outwards state the 
place of the production, and refer to the entry inwards and landing of such 
goods, and shall make a declaration before the collector or comptroller to 
the identity of the same ; and thereupon, if such goods shall have been 
duly imported with a certificate of production, within twelve months 
prior to the shipping for exportation, the collector and comptroller shall 
give to the master a certificate of production referring to the certificate 
of production under which such goods had been so imported, and con¬ 
taining the like particulars, with the date of importation. § 27. 

Goods brought over land , or by inland navigation. —It shall be lawful 
to bring or import by land, or by inland navigation, into any of the 
British possessions in America, from any adjoining foreign country, 
any goods which might be lawfully imported by sea, and so to bring 
or import such goods in the vessels, boats, or carriages of such 
country, as well as in British. § 28. 

Vessels on the lakes in America. —No vessel or boat shall be admitted 
to be British on any of the inland waters or lakes in America, except 
such as shall have been built at some place within the British domi 
nions, and shall be wholly owned by British subjects, and shall not 
have been repaired at any foreign place to a greater extent than in ths 
proportion of ten shillings for every ton at one time :—Provided always 
that nothing herein shall extend to prevent the employment of any vessel 
or boat as a British vessel or boat, which shall have wholly belonged to 
British subjects before the passing of this act, and which shall not be 
repaired in any foreign place after the passing of this act. § 29. 

Goods must be brought to a place where there is a custom-house.— 
It shall not be lawful so to bring or import any goods, except into sorm 
port or place of entry at which a custom-house now is or hereafter maj 
be established:—Provided that it shall be lawful for the governor 
lieutenant governor, or person administering the government of any 
of the said possessions, (with the consent of the executive council,) to 
diminish or increase, by proclamation, the number of ports or places 
of entry. § 30. 

Duties to be collected on goods imported by sea .—The duties shall be 
levied, for all goods so brought or imported, in the same manner as the 
duties on like goods imported by sea ; and if any goods shall be brought 
or imported contrary hereto, or be removed from the station appointed 
for the examination of such goods, before all duties shall have been 
paid, such goods shall be forfeited , together with the vessel , boat or 
carriage , and the horses or other cattle. § 31. 

Duties in Canada on American boats , as in America on British boats. 
—The same tonnage duties shall be paid upon all vessels or boats of 
the United States of America, importing goods into Upper or Lower 
Canada, as are payable in the United States on British vessels or 
boats. § 32. 

Free IVarehousing ports .—The several ports hereinafter mentioned ; 
(that is to say,) 

Kingston in Jamaica. 

Halifax in Nova Scotia. 

Quebec in Canada. 


FREE WAREHOUSING PORTS C41 

St. John’s, in New Brunswick. 

Bridge Town, in Barbadoes. 

The Fort of Spain, in the Island of 
Trinidad. 

Nassau, in New Providence. , Order in Council,* 16 Nov. 1827.— 

Montego Bay, in Jamaica. Gazette, 25 Dec. 1827. 

Roseau, in Dominica. 

St. Andrew’s, in New Brunswick. ■ 

Pictou, in Nova Scotia. O. in C. 18 March. — Gaz. 3 April, 1829. 

St.John’s, Newfoundland. O. in C. 16 July. — Gaz. 17 July, 1829. 

Sydney, in the Isle of Cape Breton. O. in C. 1 Nov.—Gaz. 9 Nov. 1830. 

St. George, in the Island of Grenada. O. in C. 31 Jan.—Gaz. 11 Feb. 1831. 

Port of Road Harbour, in the Island of Tortola. O. in C. 18 May.—Gaz. 27 
May, 1831. 

Kingstown, in the Island of St. Vincent’s. O. in C. 8 June.—Gaz. 12 July, 1831. 

Basseterre, in the Island of Saint Kitt’s. O. in C. 27 July.—Gaz. 5 Aug. 1831. 

Port Louis, in the Island of Mauritius. O. in C. 2 May.—Gaz. 18 May, 1832. 

Shall be free warehousing ports for the purposes of this act;t—and it 
shall be lawful for the collectors and comptrollers (by notice in writing 
under their hand) to appoint such warehouses, at such ports as shall 
be approved of by them, for the free warehousing and securing of 
goods therein,—and also in such notice to declare what sorts of goods 
may be so warehoused,—and also by like notice to revoke or alter any 
such appointment or declaration:—Provided always, that every such 
notice shall be transmitted to the governor, and shall be published in 
such manner as he shall direct. § 33. 

Goods warehoused without duty. —It shall be lawful for the importer 
of goods to warehouse the same in the warehouses so appointed without 
payment of duty on the first entry, subject to the conditions hereinafter 
contained. § 34. 

Stowage of goods in warehouses. —All goods so warehoused shall be 
stowed in such parts or divisions, and in such manner as the collector 
and comptroller shall direct;—and the warehouse shall be locked in such 
manner, and shall be opened only at such time, and in the presence of 
such officers, and under such rules as the collector and comptroller shall 
direct;—and all such goods shall, after being landed upon importation, 
be carried to the warehouse,—or shall, after being taken out of the 
warehouse for exportation,—be carried to be shipped, under such regula¬ 
tions as the collector and comptroller shall direct. § 35. 

Bond upon entry of goods to be warehoused. —Upon the entry of any 
goods to be warehoused, the importer instead of paying down the duties 
shall give bond with two sureties, (to be approved by the collector or 
comptroller,) in treble the duties, with condition for the safe depositing 
of such goods in the warehouse mentioned in such entry, and for the 
payment of all duties,—or for the exportation thereof, according to the 
first account taken,—and with further condition that no part shall be 
taken out until cleared upon entry and payment of duty, or upon entry 
for exportation;—and with further condition that the whole of such 
goods shall be so cleared,—and the duties upon any deficiency, accord¬ 
ing to such first account,—shall be paid within two years from the first 
entry,— an( j if after bond given, the goods or any part shall be sold, so 
that the original bonder shall be no longer interested in the same, it 
shall be lawful for the collector and comptroller to admit fresh security 
to be given by the bond of the new proprietor, with his sureties, and 

* See section 43, page 643. . f 

f Kingston and Montreal in the Canadas are appointed Warehousing Ports tor 
goods brought by land or inland navigation,—or for goods imported by sea in British 
ships.—7 and 8 Geo. IV. c. 56. §35. 

2 T 




642 BRITISH POSSESSIONS ABROAD. 

to cancel the bond given by the original bonder, or to exonerate him to 
the extent of the fresh security. § 36. 

Goods not duly warehoused. —If any goods entered to be warehoused 
shall not be duly deposited in the warehouse,—or shall afterwards be 
taken out without due entry and clearance,—or having been entered and 
cleared for exportation, shall not be duly carried and shipped,—or shall 
afterwards be relanded, except with permission of the officer of customs, 
such goods shall be forfeited. § 37. 

Account of goods to be taken on landing .■—Upon the entry and land¬ 
ing of any goods to be warehoused, the officer of customs shall take a 
particular account of the same, and shall mark the contents on each 
package, and shall enter the same in a book, and no goods so ware¬ 
housed shall be delivered from the warehouse, except upon due entry, 
and under care of the proper officers for exportation, or upon due entry 
and payment of duty for home use; and whenever the whole shall be 
cleared from the warehouse, or whenever further time shall be granted 
for such goods to remain warehoused, an account shall be made out of 
the quantity upon which the duties have been paid, and of the quantity 
exported, and of the quantity of the goods still remaining in the ware¬ 
house, deducting from the whole the quantity contained in any whole 
packages (if any) which may have been abandoned for the duties; and 
if upon such account there shall in either case appear to be any defi¬ 
ciency of the original quantity, the duty payable upon the amount of 
such deficiency shall then be paid. § 38. 

Samples may be taken. —It shall be lawful for the collector and 
comptroller, under such regulations as they see fit, to permit moderate 
samples to be taken of any goods so warehoused without entry, and 
without payment of duty, except as the same shall eventually become 
payable, as on a deficiency of the original quantity. § 39. 

Goods may be sorted and repacked. Abandonment. —It shall be lawful 
for the collector and comptroller, under such regulations as they see fit, 
to permit the proprietor to sort, separate, and pack and repack any 
such goods, and to make such alterations therein, or assortments 
thereof, as may be necessary for the preservation of such goods, or in 
order to the sale, shipment, or disposal of the same ;—and also to 
permit any parts of such goods so separated to be destroyed, (but 
without prejudice to the claim for duty upon the whole original quan¬ 
tity :)—Provided always, that it shall be lawful for any person to abandon 
any whole packages to the officers for the duties, without being liable 
to duty upon the same. § 40. 

fVhen goods to be cleared. —All goods so warehoused shall be cleared, 
—either for exportation or for home consumption,—within two years 
from the first entry,—and if not so cleared, it shall be lawful for the 
collector and comptroller to cause the same to be sold, and the produce 
applied, first to the payment of the duties,—next of warehouse-rent 
and charges,—and the overplus (if any) to the proprietor:—Provided 
always, that it shall be lawful for the collector and comptroller to grant 
further time, if they see fit so to do. § 41. 

Bond on entry for exportation.— Upon the entry outwards of any 
goods to be exported from the warehouse, the person entering- the same 
shall give security by bond, in treble the duties of importation, with 
two sureties, (to be approved by the collector or comptroller,) that the 
same shall be landed at the place for which they be entered’outwards, 
or be otherwise accounted for. § 42. 

Power to appoint other ports.— It shall be lawful for his Majesty in 


GOODS OF THE MAURITIUS. 


613 

council from time to time to appoint any port in his Majesty’s posses¬ 
sions in America to be a free warehousing port, and every such port so 
appointed shall be a free warehousing port in as ample a manner as any 
of the ports hereinbefore mentioned. § 43. 

Goods from Mauritius liable to same duties and regulations as West 
India goods. —All goods, the growth, produce, or manufacture of the 
island of Mauritius,-—and all goods which shall have been imported 
into the said island,—and which shall be imported into any part of the 
United Kingdom of Great Britain and Ireland,—or into any possessions 
of his Majesty,—shall be liable, upon such importation into the United 
Kingdom, or into any such possessions respectively, to the payment of 
the same duties, and shall be subject to the same regulations, as the like 
goods, being of the growth, produce, or manufacture of his Majesty’s 
islands in the West Indies, and imported into the United Kingdom, or 
into any such possessions respectively, would on such importation be 
liable to the payment of, or would be subject unto ;—and upon the 
exportation of any goods from the United Kingdom to the island 
of Mauritius, such goods shall be liable to the same duties, and shall 
be entitled to the like drawbacks respectively, as would or ought by 
law to be charged or allowed upon the like goods exported from the 
United Kingdom to any of his Majesty’s islands in the West Indies ;— 
and all goods which shall be imported into or exported from the 
island of Mauritius, from or to any place whatever, other than the 
United Kingdom of Great Britain and Ireland, shall upon such im¬ 
portation or exportation, be liable to the payment of the same duties, 
and be subject to the same regulations, so far as any such regulations 
can or may be applied, as the like goods would be liable to the payment 
of, or would be subject to, upon importation or exportation into or from 
any of his Majesty’s islands in the West Indies;—and all vessels what¬ 
ever, which shall arrive at or depart from the island of Mauritius, shall 
be liable to the payment of the same duties, and be subject to the same 
regulations as such vessels would be liable to the payment of, or would 
be subject to, if arriving at or departing from any of his Majesty’s 
islands in the West Indies. § 44. 

Dutch proprietors in Demerara, Essequibo, and Berbice .—It shall be 
lawful for any of the subjects of the King of the Netherlands, being 
Dutch proprietors in the colonies of Demerara, Essequibo, and of 
Berbice, to import in Dutch ships, from the Netherlands into the said 
colonies, all the usual articles of supply for their estates therein -and 
also Wine imported for the purposes of medicine only , and which shall 
be liable to a duty of 10s. per ton, and no more;—and in case seizure 
be made of any articles so imported, upon the ground that they are not 
such supplies, or are for the purposes of trade, the proof to the contrary 
shall lie on the Dutch proprietor, and not on the seizing officer: Pro¬ 
vided always, that if sufficient security by bond be given in court to 
abide the decision of the commissioners of customs upon such seizure, 
the goods so seized shall be admitted to entry and released. § 45. 

It shall be lawful for such Dutch proprietors to export the produce of 
their estates to the United Kingdom, or to any of his Majesty’s sugar 
colonies in America. § 46. 

What persons shall be deemed Dutch proprietors. —All subjects of his 
Majesty the King of the Netherlands, resident in his European domi¬ 
nions, who were at the date of the signature of the convention between 
his late Majesty Geo. III. and the King of the Netherlands, dated the 
12th of August, 1815, proprietors of estates in the said colonies, and 



644 BRITISH POSSESSIONS ABROAD. 

all subjects of his said Majesty who may hereafter become possessed of 
estates then belonging to Dutch proprietors, and all such proprietors 
as being then resident in the said colonies, and being natives of his 
Majesty’s dominions in the Netherlands, may have declared, within 
three months after the publication of the aforesaid convention in the 
said colonies, that they wish to continue to be considered as such, and 
all subjects of his said Majesty the King of the Netherlands who may 
be the holders of mortgages of estates in the said colonies, made prior 
to the date of the convention, and who may under their mortgage 
deeds have the right of exporting from the said colonies to the Nether¬ 
lands the produce of such estates, shall be deemed Dutch proprietors 
under this act; provided that where both Dutch and British subjects 
have mortgages upon the same property, the produce to be consigned 
to the different mortgagees shall be in proportion to the debts due to 
them. § 47. 

No ship to sail from Jamaica to Saint Domingo , or from Saint 
Domingo to Jamaica. —No British merchant ship shall sail from Ja¬ 
maica to Saint Domingo,—nor from Saint Domingo to Jamaica,—under 
the forfeiture of such ship , together with her cargo ; and no Foreign 
ship, which shall have come from, or shall in the course of her voyage 
have touched at any place in Saint Domingo, shall come into any port 
in Jamaica ;—and if any such ship, having come into any such port, shall 
continue there for forty-eight hours after notice shall have been given 
by the officer of the customs to depart, such ship shall be forfeited ; — 
and if any person shall be landed in the island of Jamaica from on 
board any ship which shall have come from or touched at Saint Do¬ 
mingo, (except in case of urgent necessity,—or unless licence shall have 
been given by the governor of Jamaica to land such person,) such ship 
shall be forfeited, together with her cargo. § 48. 

Colonial laws repugnant to any act of parliament , to he void. —All 
laws, by-laws, usages or customs, in any of the British possessions in 
America, repugnant to this act, or to any act made or hereafter to be 
made in the United Kingdom, so far as such act shall relate to the said 
possessions, shall be null and void to all intents and purposes. § 49. 

Officers may hoard ships hovering on the coasts. —It shall be lawful 
for the officers of customs, to go on board any ship in any port in any 
British possession in America, and to search all parts for prohibited 
and uncustomed goods,—and also to go on board any ship hovering 
within one league of the coasts,—and (in either case) to stay on board so 
long as she shall remain in port, or within such distance ;—and if any 
such ship be bound elsewhere, and shall continue so hovering for 
twenty-four hours after the master shall have been required to depart, 
it shall be lawful for the officer of customs to bring such ship into port, 
and to examine her cargo, and to examine the master touching the 
cargo and voyage,—and if there be any goods on board prohibited to 
be imported, such ship and her cargo shall be forfeited ;—and if the 
master shall not truly answer the questions, he shall forfeit one hundred 
pounds. § 50. 

Forfeiture of vessels , carriages , Sfc. removing goods liable to for¬ 
feiture. —All vessels, boats, and carriages, and all cattle made use of in 
the removal of any goods liable to forfeiture,—shall be forfeited ,—and 
every person who shall assist in the unshipping, landing, or removal, or 
in the harbouring of such goods, or into whose hands the same shall 
knowingly come, shall forfeit treble value , or the penalty of one hundred 
pounds , at the election of the officers of customs ;—and the averment in 


JUDICIAL PROCEEDINGS. 


645 



any information that the officer has elected to sue for the sum men¬ 
tioned, shall be deemed sufficient proof of such election, without any 
further evidence. §51. 

Goods and vessels liable to forfeiture. Molesting officers. —All goods, 
and all ships, vessels, and boais, and all carriages, and all cattle liable to 
forfeiture, may be seized by any officer of the customs or navy, or by 
any person employed by the commissioners of customs ;—and every per¬ 
son who shall in any way hinder, oppose, molest, or obstruct any officer 
of the customs or navy, or any person so employed, or any person acting 
in his aid, shall forfeit two hundred pounds. § 52. 

Writ of assistance. —Under authority of a writ of assistance granted 
by the superior or supreme court of justice, or court of vice-admiralty, 
it shall be lawful for any officer of customs, (taking with him a peace- 
officer,) to enter any building or other place in the day-time, and to 
search for and seize and secure any goods liable to forfeiture under this 
act;—and in case of necessity, to break open doors, chests, or packages ; 
and such writ of assistance, when issued, shall be deemed to be in force 
during the whole of the reign in which the same shall have been 
granted, and for twelve months from the conclusion of such reign. 
§ 53. 

Obstruction of officers by force. —If any person shall by force or vio¬ 
lence, assault, resist, oppose, molest, hinder, or obstruct any officer of 
the customs or navy, or other person employed as aforesaid, or any per¬ 
son acting in his aid, such person shall be adjudged a felon, and 
punished at the discretion of the court. § 54. 

Goods seized to be secured at the next custom-house. —All things which 
shall be seized, shall be delivered into the custody of the collector and 
comptroller at the custom-house next to the place where the same were 
seized, who shall secure the same in such manner as shall be directed 
by the commissioners of customs. § 55. 

Goods seized to be sold by auction. —All things condemned as forfeited 
shall, under the direction of the collector and comptroller, be sold by 
public auction:—And it shall be lawful for the commissioners of cus¬ 
toms to direct in what manner the produce shall be applied, or in lieu 
of such sale, to direct that any of such things shall be destroyed or shall 
be reserved for the public service. § 56. 

Jurisdiction for prosecution of seizures and penalties. —All penalties 
and forfeitures shall be recovered in any court of record or of vice¬ 
admiralty, having jurisdiction in the colony or plantation,—and where 
there shall be no such courts, then in any court of record or of vice¬ 
admiralty in some British colony or plantation near:—Provided that in 
cases where a seizure is made in any other colony than that where the 
forfeiture accrues, such seizure may be prosecuted in any court of record 
or of vice-admiralty, having jurisdiction either in the colony where the 
forfeiture accrues, or in the colony where 4he seizure is made, at the 
election of the seizor or prosecutor;—and in cases where there shall 
happen to be no such courts, then in the court of record or of vice 
admiralty in some British colony near to that where the forfeiture 
accrues, or to that where the seizure is made, at the election of the 
seizor or prosecutor. § 57. 

Bail may be given for goods or ships seized. —If any Goods or any 
Ship shall be seized as forfeited, and detained, it shall be lawful for the 
judge or judges of any court having jurisdiction to try and determine 
such seizures, with the consent of the collector and comptroller, to 
order the delivery thereof on security by bond, with two sureties, to be 




646 BRITISH POSSESSIONS ABROAD. 

approved by such collector and comptroller, to answer double the value 
in case of condemnation. § 58. 

Suits to be commenced in name of officers of customs , 8fc. —No suit 
shall be commenced for the recovery of any penalty or forfeiture, except 
in the name of some superior officer of the customs or navy, or other 
person employed as before mentioned, or of his Majesty’s advocate or 
attorney-general for the place where such suit shall be commenced. 

§ 59. 

Onus probandi to lie on party. —If any goods shall be seized for 
nonpayment of duties, or any other cause of forfeiture,—and any dispute 
shall arise whether the duties have been paid,—or the same have been 
lawfully imported,—or lawfully laden or exported,—the proof shall lie 
on the owner or claimer, and not on the officer. § 60. 

Claim to thing seized to be entered in name of the owner. —No claim 
to any thing seized, and returned into any court for adjudication, shall 
be admitted, unless entered in the name of the owner, with his residence 
and occupation, nor unless oath to the property in such thing be made 
by the owner, or by his attorney or agent;—and every person making a 
false oath shall be guilty of a misdemeanour, and liable to the pains and 
penalties for a misdemeanour. § 61. 

No person to enter claim , unless security first given. —No person shall 
be admitted to enter a claim until sufficient security shall have been 
given in the court, in a penalty not exceeding sixty pounds , to pay 
the costs; and in default of such security such things shall be adjudged 
to be forfeited, and be condemned. § 62. 

A month's notice of action to be given to officers .—No writ shall be 
sued out against, nor a copy of any process served upon any officer of 
the customs or navy, or person aforesaid, for any thing done in the 
exercise of his office, until one calendar month after notice in writing; 
in which notice shall be explicitly contained the cause of action, the 
name and abode of the person who is to bring such action, and the 
name and abode of the attorney. § 63. 

Actions to be brought within three months. —Every such action shall be 
brought within three calendar months after the cause thereof, and tried 
in the district where the facts were committed, and the defendant may 
plead the general issue; and if the plaintiff shall become nonsuited, 
discontinue, or judgment be given against the plaintiff, the defendant 
shall receive treble costs. § 64. 

Judge may certify probable cause of seizure. —In case any information 
or suit shall be brought to trial, and a verdict found for the claimant, 
and the judge or court shall certify on the record that there was pro¬ 
bable cause of seizure, the claimant shall not be entitled to any costs, 
nor shall the person who made such seizure be liable to any action, 
indictment, or other suit, on account of such seizure ; and if brought to 
trial, and a verdict be given against the defendant, the plaintiff, besides 
the thing seized, or the value thereof, shall not be entitled to more than 
twopence damages, nor to any costs, nor shall the defendant in such 
prosecution be fined more than one shilling. § 65. 

Officer may tender amends. —It shall be lawful for such officer, within 
one calendar month after such notice, to tender amends: Provided 
always, that it shall be lawful for such defendant, by leave of the court 
where such action shall be brought, at any time before issue joined, to 
pay money into court as in other actions. § 66. 

Judge may certify probable cause of action. —In any such action, if 
the judge, or court before whom such action shall be tried, shall certify 


JUDICIAL PROCEEDINGS. 


647 


upon the record that the defendant acted upon probable cause, then the 
plaintiff shall not be entitled to more than twopence damages, nor to 
any costs. § 67. 

Recovery and application of penalties. —All penalties and forfeitures 
recovered in any of the British possessions in America under this act, 
shall be applied as follows; (that is to say,) after deducting the charges 
of prosecution from the produce thereof,—one-third part shall be paid 
into the hands of the collector of customs for the use of his Majesty ;— 
one-third part to the governor or commander-in-chief of the colony, and 
the other third part to the person who shall seize, inform, and sue for 
the same ;—excepting such seizures as shall be made at sea by the com¬ 
manders or officers of ships of war,—one moiety of which seizures and 
of the penalties and forfeitures recovered thereon, (first deducting the 
charges of prosecution from the gross produce thereof,) shall be paid as 
aforesaid to the collector of customs, to and for the use of his Majesty, 
and the other moiety to him or them who shall seize, inform, and sue 
for the same ; subject nevertheless to such distribution of the produce, 
as well with regard to the moiety granted to his Majesty as with regard 
to the other moiety given to the seizor or prosecutor, as his Majesty 
shall think fit to direct by any order of council, or by any proclamation. 
§ 68 . 

Limitation of suits. —All actions or suits for the recovery of any of 
the penalties or forfeitures imposed by this act may be commenced at 
any time within three years after the offence committed. § 69. 

Limitation of appeals. —No appeal shall be prosecuted from any 
decree or sentence of any of his Majesty’s courts in America, touching 
any penalty or forfeiture, unless the inhibition shall be applied for and 
decreed within twelve months from the time when such decree or sen¬ 
tence was pronounced. § 70. 

Persons authorized to make seizures. —All persons authorized to make 
seizures under 5 Geo. IV. c. 113. intituled “ An Act to amend and 
consolidate the laws relating to the abolition of the slave-trade,” shall 
have the benefit of all the provisions under this act. § 71. 

Application of penalties under 5 Geo. IV. c. 113.—All penalties and 
forfeitures created by the said act, whether pecuniary or specific, shall 
(except in cases specially provided for by the said act) go to such per¬ 
sons as are authorized by that act to make seizures, and shall be 
recovered, distributed, and applied in the like manner as any penalties 
and forfeitures incurred in Great Britain and in the British possessions 
in America respectively now go to, and may be recovered, and distri¬ 
buted respectively in Great Britain, or in the said possessions, under 
and by virtue of this act. § 72. 

The King may regulate the trade of the Cape of Good Hope , fyc. —It 
shall be lawful for his Majesty, with the advice of his privy council, by 
any order in council, to give such directions touching the trade and com¬ 
merce to and from any British possessions on or near the continent of 
Europe,—or within the Mediterranean sea,—or in Africa,—or within the 
limits of the East India company’s charter, (excepting the possessions 
of the company,) as to his Majesty in council shall appear most expe¬ 
dient; and if any goods shall be imported or exported in any manner 
contrary to any such order, the same shall be forfeited, together with 
the ship. §73. 

East India company may carry goods from Lidia to Colonies. It 
shall be lawful for the East India company to trade in and export 
from any place within the limits of their charter, any goods for the 



018 


BRITISH POSSESSIONS ABROAD. 


purpose of being carried to some of his Majesty’s possessions in Ame¬ 
rica, and so to carry and to import the same into any of such posses¬ 
sions ;—and also to carry return cargoes to any place within the limits 
of their charter, or to the United Kingdom ; and it shall be lawful for 
any of his Majesty’s subjects, with the licence in writing of the said 
company, to lade in and export from any of the dominions of the 
Emperor of China any goods,—and to lade in and export from any place 
within the limits of the said company’s charter, any Tea, for the purpose 
of being carried to some of his Majesty’s possessions in America, and 
also so to carry and to import the same into any of such possessions. 
§74. 

Certificate of production of East India sugar. —It shall be lawful 
for any person, being the shipper of any sugar, the produce of some 
British possession within the limits of the East India company’s 
charter, to be exported, to go before the collector or comptroller, or 
chief officer of customs at such place, (or if there be no such officer, to 
go before the principal officer, or the judge or commercial resident,) and 
make and sign a declaration, that such sugar was really the produce 
of such British possession;—and such officer, judge, or resident, is to 
administer such declaration, and to grant a certificate thereof, setting 
forth in such certificate the name of the ship in which the sugar is 
to be exported, and the destination. § 75. 

Nothing in this act, or in any other act passed in this session, shall 
extend to repeal or in any way alter or affect an act, 37 Geo. III. c. 117. 
intituled “ An Act for regulating the trade to be carried on with the 
British possessions in India by the ships of Nations in Amity with his 
Majestynor to revoke, alter, or affect any regulations formed under 
the authority of that act, and in force at the commencement of this act. 
§ 76.* 

Ships built prior to 1 st January , 1816.—All ships built at any place 
within the limits of the East India company’s charter, prior to the 1st 
January, 1816, and which then were and have continued ever since to 
be solely the property of his Majesty’s subjects, shall be deemed to be 
British ships for all the purposes of trade within the said limits, in¬ 
cluding the Cape of Good Hope. § 77. 

Certificate of production of Cape wine. —It shall be lawful for the 
shipper of any wine, the produce of the Cape of Good Hope, or its 
dependencies, to be exported from thence, to go belore the chief officer 
of customs, and make and sign a declaration, that such wine was really 
the produce of the Cape, or its dependencies;—and such officer is to 
administer such declaration, and to grant a certificate thereof, setting 
forth the name of the ship in which the wine is to be exported, and 
the destination of the same. § 78. 

Certificate of production of goods in Guernsey , fyc. —It shall be 
lawful for any person who is about to export from any of the islands 
of Guernsey, Jersey, Alderney, or Sark, to the United Kingdom,—or 
to any of the British possessions in America,—any goods of the growth 
or produce of any of those islands,—or any goods manufactured from 
materials which were the growth or produce thereof,—or of the United 
Kingdom,—to go before any magistrate of the island, and make and 
sign a declaration that such goods (describing the same) are of such 
growth or produce, or of such manufacture ;—and such magistrate shall 
administer and sign such declaration;—and thereupon the governor, 


See chapter on East India Trade. 



649 


RESTRICTIONS OP TONNAGE, &c. 

lieutenant-governor, or commander-in-chief of the island, shall, upon 
the delivery to him of such declaration, grant a certificate under his hand 
ot the proot contained in such declaration, stating the ship in which and 
the port to which, in the United Kingdom, or in any such possession, 
the goods are to be exported ;—and such certificate shall be the proper 
document to be produced at such ports, in proof that the goods are of 
the growth, produce, or manufacture of such islands. § 79. 

Tea may not be imported, except from the United Kingdom. —It 
shall not be lawful to import into any of the islands of Guernsey, Jer¬ 
sey, Alderney, or Sark, any Tea, except from the United Kingdom;— 
and if any shall be brought from any other place,—or not having been 
duly entered and cleared in the United Kingdom,—the same shall be 
forfetied. § 80. 

Tonnage of ships and package of goods. —No Brandy, Geneva, or 
other Spirits , (except Rum of the British plantations,) shall be imported 
into-—or exported from—Jersey, Guernsey, Alderney, or Sark,—or 
removed from any one to any other of the said islands,—or coastwise 
from one part to any other part of either of the said islands,—or shall 
be shipped, in order to be so removed or carried, or shall be water¬ 
borne, for the purpose of being so shipped—in any ship or boat of less 
burthen than one hundred tons,—nor in any Cask of less contents than 
forty gallons;*—nor any Tobacco or Snuff, in any ship or boat of less 
burthen than one hundred tons,—nor in any cask or package containing 
less than four hundred and fifty pounds weight (except any such spirits 
or loose tobacco as shall be for the use of the seamen, not exceeding 
two gallons of the former, and five pounds of the latter, for each sea¬ 
man ;—and also except such Manufactured Tobacco or Snuff as shall 
have been duly exported as merchandise from Great Britain or Ireland) 
[and also except Spirits, Tobacco, or Snuff, imported from the United 
Kingdom, in vessels not of less burthen than 70 tons. 7 Geo. IV. 
c. 48. § 48.]—nor shall any Wine be imported into—or exported from 
the said islands,—or carried from any one to any other,—or coastwise, 
from one part to any other part of the said islands,—or be shipped, or 
waterborne, for the purpose of being shipped—in any ship or boat 
of less burthen than sixty tons,—or in any cask* containing less than 
twenty gallons,—or any package* containing less than three dozen re¬ 
puted quart bottles, or six dozen reputed pint bottles,—on pain of 
forfeiture of all such foreign Brandy, Geneva, or other Spirits, Tobacco, 
Snuff, or Wine, together with the casks or packages ;— and also every 
such Ship or Boat, together with all the guns, furniture, and ammuni¬ 
tion, tackle and apparel thereof. § 81. 

Not to extend to vessels of ten tons supplying the island of Sa r k, having 
licence so to do. —Nothing herein shall extend to subject to forfeiture 
or seizure, under this act, any boat, (not exceeding the burthen of ten 
tons,) for having on board any foreign Spirits of the quantity of ten 
gallons or under, in casks of less content than forty gallons ;—or any 
Tobacco, Snuff, or Tea, not exceeding fifty pounds weight of each, for 
the supply of the island of Sark, (such boat having a licence from the 
officer of customs at either of the islands of Guernsey or Jersey, and 
for the purpose of being employed in carrying commodities for the 
supply of the said island of Sark, which licence such officer of customs 
is to grant without fee :)—Provided always, that every such boat having 
on board any greater quantity of spirits than ten gallons, or any gre ater 

* These restrictions on the importation and exportation of wine in certain quantities 
repealed,see9Geo.IV. c.76. $25. page655. and 2 and 3 Wm.IV.c.84.$ 50. page6o7. 





650 


BRITISH POSSESSIONS ABROAD. 


quantity of tobacco or snuff than fifty pounds weight of each, (unless 
such greater quantity of spirits, tobacco, or snuff, shall be in casks or 
packages of the size, content, or weight before required,)—or having 
on board any greater quantity of tea than fifty pounds weight, shall 
be forfeited. § 82. 

Wine may be imported into Guernsey , fyc. in cases , fyc. —Nothing 
herein shall extend to prevent the importation into,—or exportation 
from,—the said islands of Guernsey, Jersey, Alderney, or Sark, of any 
Wine in bottles shipped in cases or casks only, each containing at least 
three dozen reputed quart bottles, or six dozen reputed pint bottles:— 
Provided always, that before any such Wine in bottles shall be shipped 
for exportation to or for Great Britain or Ireland, the master, together 
with one sufficient surety, shall give bond in the penalty of forty shillings 
per gallon, that the Wine so shipped shall (the danger of the seas and ene¬ 
mies excepted) be duly entered and landed at the port in Great Britain 
or Ireland to or for which the same shall be declared at the time of 
giving such bond ;—(which bond and declaration the proper officer of 
customs is to take;) and such officer is required to furnish the master 
with a certificate specifying the number of packages, and quantity of 
wine contained in each, the date of the bond, and the name of the port 
to or for which the same shall be so declared ;—and such bond shall not 
be delivered up or cancelled until a certificate under the hand of the 
proper officer of the customs in Great Britain or Ireland, of the due 
landing of the wine, shall be produced to and left with the officer 
taking the bond within three months after the date of such bond. 
§ S3. 

Penalty on persons found on board vessels liable to forfeiture .— 
Every person who shall be found—or discovered to have been—on board 
any vessel or boat liable to forfeiture under any act relating to customs, 
for being found within one league of the islands of Guernsey, Jersey, 
Alderney, or Sark, having on board or in any manner attached or affixed 
thereto,—or having had on board, or in any manner attached or affixed 
thereto,—or conveying, or having conveyed, (in any manner,) such goods 
as subject such vessel or boat to forfeiture,—or who shall be found or 
discovered to have been on board any vessel or boat from which any 
part of the cargo shall have been thrown overboard during chase,—or 
staved or destroyed,—shall forfeit one hundred pounds. § 84. 

British coals not to be re-exported from British possessions. —It shall 
not be lawful for any person to re-export, from any of his Majesty’s 
possessions abroad to any Foreign place, any Coals the produce of the 
United Kingdom ;*—and no such Coals shall be shipped at any of such 
possessions, to be exported to any British place, until the exporter or 
the master shall have given bond, (with one sufficient surety in double 
the value of the coals,) that such coals shall not be landed at anv Foreign 
place. §85 5 


7 Geo. IV. c. 48. 

An Actto alter and amend the several Laws relating to the Customs. 

Free ports .—“ And whereas an act was passed in the last session of 
parliament, (c. 114.) intituled, ‘ An Act to regulate the trade of the 
British possessions abroad and it is expedient to alter and amend the 
same in manner hereinafter provided : and whereas by the said act cer* 

* But coals may now be exported to a foreign place upon payment of dutv. See 
2 and 3 Wm. IV. c. 84. § 54. page 657. 





651 


EAST INDIA GOODS. 

tain goods are prohibited to be imported into any port or place in the 
British possessions in America, except into some of the ports in such 
possessions called free ports, and enumerated or described in a table con¬ 
tained in such act;” be it therefore enacted, that—if any goods shall be 
imported into any port or place in the said possessions contrary to such 
prohibition, such goods shall b z forfeited. § 43. 

Sec. 44, inserted in the Table of Duties, article Rum. 

Certain goods brought inland into Canada for exportation. —All 
Masts, Timber, and Ashes, brought by land or inland navigation into 
Canada, and duly shipped and exported from thence, shall, upon im¬ 
portation into the United Kingdom, be deemed to be, and be imported 
as, the produce of some British possession ;*■—and it shall be lawful to 
bring into Canada, by land or inland navigation, any Beef or Pork, to 
be there warehoused for the purpose only of being exported to New¬ 
foundland :—Provided always, that security shall be given to the satis¬ 
faction of the commissioners of his Majesty’s customs, upon the first 
entry of such beef and pork, that the same shall be duly conveyed and 
warehoused in some warehousing port, to be from thence exported direct 
to Newfoundland. § 45. 

Duty on wheat flour imported from a warehouse. —Wheat flour which 
shall have been warehoused at any free warehousing port in the British 
possessions in North America, and which shall be imported direct from 
the warehouse at such port into any British possession in the West 
Indies or in South America, shall upon such importation be liable only 
to a duty of Is. for every barrel of such flour, instead of the duty of 5s. 
now payable on the same under the said act for regulating the trade of 
the British possessions abroad. § 46. 

Goods not the produce of Mauritius imported from thence. —If any 
goods which had been imported into the island of Mauritius shall after¬ 
wards be imported from thence into any other British possession,—or 
into the United Kingdom,—the same shall be liable to the payment of 
the same duties, and shall be subject to the same regulations, as the 
like goods would be liable to the payment of, or subject unto, if the 
same had been first imported into any of the British possessions in the 
West Indies, and afterwards imported from thence into such other 
British possession, or into the United Kingdom respectively. § 47. 

Tobacco , Spirits , fyc. imported into Guernsey, Sfc. viz. from foreign 
parts. —So much of the 6 Geo. III. c. T14. § 80. as extends to 
prevent the importation of Tobacco into the islands of Guernsey, Jer 
sey, Alderney, or Sark, except from the United Kingdom, shall be, and 
the same is hereby repealed ;—and so much also of the said act as ex¬ 
tends to prevent the importation of Brandy, Geneva, or other spirits,— 
or of Tobacco or Snuff*—into the said islands, in any ship or vessel of 
less burthen than 100 tons, shall, so far as the same extends to ships or 
vessels which are not of less burthen than 70 tons, importing any of 
such goods from the United Kingdom, be and the same is hereby re¬ 
pealed. § 48. 

7 and 8 Geo. IV. c. 56. 

An Act to amend the Laws relating to the Customs. 

East India goods not free , if imported from foreign places.— 
u Whereas an act was passed in the 6th year of the reign of his present 


* See 7 and 8 Geo. IV. c. 56. & 32. page 652. 







652 BRITISH POSSESSIONS ABROAD. 

Majesty, (c. 114.) intituled, * An Act to regulate the trade of the British 
possessions abroad and it is expedient to alter and amend the same 
in manner hereinafter provided be it enacted, that goods the pro¬ 
duce of places within the limits of the East India company’s charter 
shall be subject to the like duty as goods, &c., not being of the 
growth, production, or manufacture of the United Kingdom, or of 
any of the British possessions in America, are subject to, under the said 
act on importation into any of the British possessions in America ,—un¬ 
less such goods shall be imported from some place within those limits, 
—or from the United Kingdom,—or from some place in the British 
dominions. § 25. 

Cape of Good Hope to be within the limits of the charter. —In all 
trade with the British possessions in America, the Cape of Good Hope, 
and the territories and dependencies thereof, shall be deemed to be within 
the limits of the East India Company’s charter. § 26. 

Goods not deemed the produce of the United Kingdom , 8fc. vjiless 
imported direct. — No goods shall, upon importation into any of the 
British possessions in America , be deemed to be of the growth, produc¬ 
tion, or manufacture of the United Kingdom,—or of any British pos¬ 
session Jn America,—unless imported from the United Kingdom,—or 
from some British possession in America. § 27. 

Prohibitions repealed. —So much of the said act as prohibits the im¬ 
porting or bringing into any of the British possessions in America, 
of Beef, Pork, or Cocoa-Nuts,—and also so much of the said act as 
prohibits.the importation of CofTee, Sugar, Molasses, or Rum, into 
any of the Free Warehousing ports in any of the said possessions, for 
the purpose of being warehoused for exportation only, shall be re¬ 
pealed. § 28. 

Sec. 29 grants new duties,—these are inserted in the Table of 
Duties. 

Sec. 30 is also inserted in the Table of Duties. 

All fish oil to be as train oil. —All oil made from fish, or creatures 
living in the sea, shall be subject to the prohibitions and regulations of 
(he said last-mentioned act in respect of train oil. § 31. 

Masts, Sfc. from the Canadas deemed produce of the Canadas. —All 
Masts, Timber, Staves, Wood Hoops, Shingles, Lath Wood, and Cord 
Wood for fuel, imported from [British possessions in North America,*]— 
into any other British possession in America,—or into the United King¬ 
dom,—shall be deemed to be the produce of [British possessions in 
North America;*]—and Wood of all sorts which shall have been ware¬ 
housed at any warehousing port in any of the British possessions in 
North America, and exported from the warehouse, shall, upon importa¬ 
tion into any other British possession in America, be subject only to 
onefourth part of such duty as would otherwise be charged thereon. 
§ 32. See 10 Geo. IV. c. 43. § 15. page 656. 

Masts, 8fc. brought inland into British possessions in America , duty 
free. —Masts, timber, staves, wood hoops, shingles, lathwood, cord wood 
for fuel, raw hides, tallow, ashes, fresh meat, fresh fish, and horses, car¬ 
riages, and equipages of travellers, being brought by land or inland 
navigation into the British possessions in America, shall be so brought 
duty free. § 33. 

Exemption to extend only to duties by act of parliament.— Provided 
that no exemption from duty in any of the British possessions abroad, 


* 10 Geo. IV. c. 43. § 15. page 656, 



FOREIGN INTERCOURSE. 653 

contained in any act of parliament, does or shall extend to any duty not 
imposed by act of parliament, unless and so far only as any other duty 
is or shall be expressly mentioned in such exemption. § 34. 

Kingston and Montreal in Canada to be warehousing ports in cer¬ 
tain cases. —The ports of Kingston and Montreal in the Canadas shall 
be, and are hereby appointed, warehousing ports for the warehousing 
of goods brought by land—or inland navigation,—and of goods im¬ 
ported by Sea in British ships,—in like manner as if the said ports had 
been so appointed by the said last mentioned act. § 35. 

Goods passed on from frontier ports in the Canadas to warehousing 
ports. —Upon the arrival of any goods at any frontier port in the 
Canadas, such goods may be entered with the proper officer of the cus¬ 
toms at such port, to be warehoused at some warehousing port in the 
Canadas , and may be delivered by such officer to be passed on to such 
warehousing port, under bond, to the satisfaction of such officer, for the 
due arrival and warehousing of such goods at such port. § 36. 

Warehoused goods removed to another port. —Goods warehoused at 
any warehousing port in any of the British possessions in America , 
being first duly entered, may be delivered under the authority of the 
proper officer of the customs, without payment of any duty, except for 
any deficiency thereof, for the purpose of removal to another warehous¬ 
ing port in the same possession, under bond, to the satisfaction of such 
officer, for the arrival and re warehousing of such goods at such other 
port. § 37. 

Small vessels importing prohibited goods forfeited. —If any goods 
which are prohibited to be imported into any port or place in the British 
possessions in America, shall be imported, contrary to such prohibition, 
in any ship or vessel which is of less burthen than seventy tons, such 
ship or vessel shall be forfeited :—and the tonnage of such ship or 
vessel shall be ascertained in the same manner as the tonnage of 
British registered ships is ascertained. § 38. 

Certain persons may cease to be deemed Dutch proprietors in Deme- 
rara, fyc. —“ Whereas by the said act for regulating the trade of the 
British possessions abroad, certain persons therein described, subjects of 
the king of the Netherlands, are deemed to be Dutch proprietors in 
the said colonies; for certain purposes in the said act mentioned, and 
it is expedient to admit any of such persons to relinquish such character 
of Dutch proprietor; it is therefore enacted, &e. § 40. 

Limiting the period for the fulfilment of the conditions as to the in¬ 
tercourse of foreign ships with the British possessions abroad. —“ Where¬ 
as by the said act for regulating the trade of the British possessions 
abroad, it is, amongst other things, recited,* That by the law of naviga¬ 
tion foreign ships are permitted to import into any of the British pos¬ 
sessions abroad, from the countries to which they belong, goods the 
produce of those countries, and to export goods from such possessions, 
to be carried to any foreign country whatever, and that it is expedient 
that such permission should be subject to certain conditions;” and it is 
therefore by the said act enacted, that the privileges thereby granted to 
Foreign ships shall be limited to the ships of those countries, which, 
having colonial possessions, shall grant the like privileges ot trading 
with those possessions to British ships, or which, not having colonial 
possessions, shall place the commerce and navigation ot this country, 
and of its possessions abroad, upon the footing ot the most favoured 


* Page 630. 





654 


BRITISH POSSESSIONS ABROAD. 


nation, unless his Majesty, by his order in council, shall in any case 
deem it expedient to grant the whole or any of such privileges to the 
ships of any foreign country, although the conditions aforesaid shall 
not, in all respects, be fulfilled by such foreign country:—and whereas, 
unless some period be limited for the fulfilment by foreign countries of 
the conditions mentioned and referred to in the said recited act, the 
trade and navigation of the United Kingdom, and of the British pos¬ 
sessions abroad, cannot be regulated by fixed and certain rules, but will 
continue subject to changes dependent upon the laws from time to time 
made in such foreign countries ; it is therefore enacted,—That no Foreign 
Country shall hereafter be deemed to have fulfilled the conditions so 
prescribed as aforesaid in and by the said act, as to be entitled to the 
privileges therein mentioned, unless such foreign country had, in all re¬ 
spects, fulfilled those conditions within twelve months, next after the 
passing of the said act, that is to say, on or before the 5th of July, 1826. 
§41. 

For ascertaining what foreign countries are to be deemed entitled to 
privileges of British ships. —For the better ascertaining what particular 
foreign countries are permitted by law to exercise and enjoy the said 
privileges, it is enacted,—That no Foreign Country shall hereafter be 
deemed to have fulfilled the before-mentioned conditions, or to be en¬ 
titled to the privileges aforesaid, unless and until his Majesty shall, by 
some order or orders by him made by the advice of his privy council, 
have declared that such foreign country hath so fulfilled the said condi¬ 
tions, and is entitled to the said privileges § 42. 

Act not to affect orders in council issued under recited act. —Pro¬ 
vided that nothing herein contained extends, or shall be construed to 
extend, to make void or annul any order or orders in council heretofore 
issued under the authority of the said recited act, or to take away or 
abridge the powers vested in his Majesty by that act, or any of them. 
§43. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Entry of goods in colonies for exportation as British plantation or as 
foreign. —And whereas the 6 Geo. IV. c. 114, was passed to regulate 
the trade of the British possessions abroad, and it is expedient to amend 
the same ; it is therefore enacted, that—upon the entry outwards of any 
goods in any of the British possessions in America , to be exported to 
any other of such possessions—or to the United Kingdom,—it shall be 
stated in such entry, either that such goods are the produce of the 
British possessions in America,—or that they are of foreign production,— 
(as the case may be ;)—and if any goods not being the produce of any of 
the British possessions in America , be stated in such entry to be such 
produce, the same shall be forfeited ;—and that no goods shall be stated 
in the certificate of clearance of any ship from any British possession in 
America to be the produce of such possessions, unless such goods shall 
have been expressly stated so to be in the entry outwards:—and that 
all goods not expressly stated in such certificate of clearance to be the 
produce of the British possessions in America shall, at the place of im¬ 
portation in any other such possessions,—or in the United Kingdom,— 
be deemed to be of foreign production. § 22. 

Certain goods imported into the colonies from warehouse in the 


GOODS DUTY FREE. 655 

United Kingdom , to be duty free, &c.—The several sorts of goods here¬ 
inafter enumerated, having been warehoused in the United Kingdom, 
(that is to say,) Corn, Grain, Seeds, Meal, Flour, Bread, Biscuit, Rice, 
Fruits, Pickles, Woods of all sorts, Hemp, Flax, Tow, Oakum, Pitch, 
Tar, Rosin, Turpentine, Ochres, Brimstone, Saltpetre, Gums, Drugs, 
Vegetable Oils, Burr Stones, Dog Stones, Hops, Cork, Sago, Tapioca, 
Spunge, Sausages, Cheese, Cider, Wax, Spices, Tallow, being imported 
into any of the British possessions in America direct from the warehouse 
in the United Kingdom, shall be so imported duty-free ;—and Horses, 
Mules, Asses, Neat cattle, and all other Live Stock, shall be imported 
or brought into the said possessions duty-free ;—and Tallow and Raw 
Hides brought by land or by inland navigation into any of the said pos¬ 
sessions, shall be so brought duty-free. § 23. 

Wheat in colonies delivered to be ground. — Upon the entry of any 
wheat to be warehoused in any warehousing port in the British posses¬ 
sions in America , it shall be lawful for the officers of the customs, in¬ 
stead of requiring that such wheat shall be forthwith lodged in the ware¬ 
house, to deliver the same to the importer or proprietor thereof to be 
first ground into flour,—and also to deliver any warehoused wheat to 
be ground into flour, under condition, (by bond to the satisfaction of 
the said officers,) that within three months from the date of the bond 
there shall be lodged in the warehouse one barrel of good and merchant¬ 
able flour in return for every five bushels of wheat so delivered ;—and 
such flour so warehoused shall be held to be flour imported and ware¬ 
housed under the conditions and regulations of the said last-mentioned 
act. § 24. 

Importation of wine into Guernsey , fyc. —So much of the said last- 
mentioned act as restricts the importation of wine, except in certain 
quantities, into the islands of Guernsey, Jersey, Alderney, or Sark, re¬ 
pealed. § 25. 

Nothing in 7 Geo. IV. c. 48, shall be construed to have repealed so 
much of 3 Geo. IV. c. 119,* as relates to the payment of duties made pay¬ 
able under any act or acts of the province of Lower Canada on the im¬ 
portation of any goods, wares, or commodities into the said province.— 
§ 26. 


10 Geo. IV. c. 43. 

An Act to amend the Laws relating to the Customs. 

Masts , SfC. into British possessions in North America. —Masts, Tim¬ 
ber, Staves, Wood, Hoops, Shingles, Lathwood, and Cordwood for fuel, 
shall be imported into any of the British possessions in North America 
duty-free; —and such goods, upon importation thereof from such pos¬ 
sessions into any other British possessions in America ,—or into the 
United Kingdom,—shall be deemed to be the produce of the British 
possessions in North America. § 15. 

Raw Hides. —Raw Hides imported into the British possessions in 
North America from the west coast of Africa, shall be so imported duty 
free. § 16. 


See page 669. 




656 


BRITISH POSSESSIONS ABROAD. 


I Wm. IV. c. 24. 

An Act to amend an Act of the sixth year of his late Majesty, to regu¬ 
late the Trade of the British Possessions abroad. 

Repeal of duties upon the importation of corn, 8fc. into British pos¬ 
sessions in America .—Whereas by an act passed in the sixth year of his 
late Majesty’s reign, (c. 114.) intituled “ An Act to regulate the Trade 
of the British Possessions abroad,” and by subsequent acts made and 
passed to alter and amend the said act, certain duties of customs are 
imposed on articles of foreign production when imported or brought 
into the British possessions in America: and whereas it is expedient to 
repeal some of the said duties, and to alter or vary others of them ; be 
it therefore enacted that from the 15th of April, 1831, so much of the 
said acts as imposes any duty in any of the British possessions in Ame¬ 
rica, upon the importation or bringing in of Corn or Grain unground , 
.or of Meal or Flour not made of wheat, or of Bread or Biscuit , or of 
Rice, or of Live Stock, shall be and the same is hereby repealed. § 1. 

Of Wheat Flour, 8fc. into Canada. —And be it further enacted, that 
so much of any of the said acts as imposes any duty in the provinces of 
Upper or Lower Canada upon the importation or bringing in of Wheat 
Flour, or of Beef, Pork, Hams, or Bacon, or of Wood or Lumber, shall 
be and the same is hereby repealed. § 2. 

Of Wood or Lumber into Nova Scotia,8fc. —And be it further enacted, 
that so much of any of the said acts as imposes any duty, in New 
Brunswick, Nova Scotia, or Prince Edward’s Island, upon Wood or 
Lumber, shall be and the same is hereby repealed. § 3. 

Of Wheat Flour, Sfc. from the British possessions in North America 
into the West Indies, 8fc. —And be it further enacted, that so much of 
any of the said acts as imposes any duty, in the British possessions on 
the continent of South America or in the West Indies, or in the Bahama 
or Bermuda islands, upon Wheat Flour, or upon Beef, Pork, Hams, or 
Bacon, or upon Wood or Lumber, when imported from any of the 
British possessions in North America, shall be and the same is hereby 
repealed. § 4. 

Duties of importation from any Foreign Country into the West 
Indies. § 5.—These duties will be found in the Schedule, page 634. 

Duties to be levied and. collected as if imposed by recited act. —And 
be it further enacted, that the duties imposed by this act shall be raised, 
levied, collected, and paid unto his Majesty in like manner as if such 
duties had been imposed by the said first mentioned act, and had been 
set forth in the table of duties therein contained. § 6. 

2 and 3 Wm. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Exportation of Wine from Guernsey, fyc. —So much of the 6 Geo. 
IV. c. 114. § 81. (page 649.) as restricts the exportation of wine from 
the islands of Guernsey, Jersey, Alderney, or Sark, except in certain 
quantities, shall be and the same is hereby repealed. § 50. 

Spirits in bottles. —It shall and may be lawful to—import into or— 
•—export from—the said islands any—brandy,—Geneva,-—or other 
spirits in bottles,—provided the same be imported or exported in 
square-rigged vessels of the burthen of one hundred tons or upwards. 
§ 51. 




BRITISH POSSESSIONS ABROAD. 657 

Duties on certain goods in colonies repealed. —All duties imposed 
upon the importation into any of the British possessions in America of 
drugs—or of gums or resins,—or of dye wood,—or of cabinet-maker’s 
wood,—or of tortoise-shell,—or of hemp,—flax,—or tow, are hereby 
repealed. § 52. 

Free Ports for limited purposes. —And whereas certain places in the 
British possessions in America are enumerated and declared to be Free 
Ports* —and Free Warehousing Portsf for the purpose of warehousing 
goods without payment of duty upon the first entry thereof: And 
whereas his Majesty is empowered to appoint other places to be 
free ports and free warehousing ports respectively (See page 689.) 
And whereas there are in the said possessions many places situated in 
rivers and in bays at which it may be necessary to establish ports for 
particular and limited purposes only ;—be it therefore enacted, that it 
shall be lawful for his Majesty, in any order; in council made for the 
appointment of any free port or of any free warehousing port, to limit 
and confine such appointments respectively to any and such purposes 
only as shall be expressed in such order. § 53. 

Coals may be re-exported from possessions abroad. —Whereas by the 
last-mentioned act (see page 650) it is enacted, that it shall not be law¬ 
ful to re-export from any of his Majesty’s possessions abroad to any 
foreign place coals the produce of the United Kingdom ; be it enacted, 
that it shall be lawful for any person to re-export coals, the produce of 
the United Kingdom, in a British ship, from any British possession to 
any foreign state,—upon payment of the duty to which such coals are 
liable upon exportation from the United Kingdom to such foreign state. 
§ 54. 

All British vessels shall be subject to equal duties in the colonies .— 
Whereas in some of his Majesty’s possessions abroad certain duties of 
tonnage are, by acts of the local legislators of such possessions, made 
payable in respect of or are levied upon British vessels, to which duties 
the like vessels built within such possessions, or owned by persons re¬ 
sident there, are not subject; be it further enacted, that there shall be 
levied and paid at the several British possessions abroad, upon all ves¬ 
sels built in any such possessions, or owned by any person or persons 
there resident, other than coasting or drogueing vessels employed in 
coasting or drogueing, all such and the like duties of tonnage and 
shipping dues as are or shall be payable in any such possessions upon 
the like British vessels built in other parts of his Majesty’s dominions, 
or owned by persons not resident in such possessions. § 55. 

Spirits imported into Newfoundland from the United Kingdom , duty 
6d. per gallon only. —Spirits the produce of the British possessions in 
South America or the West Indies , imported into Newfoundland from 
the United Kingdom, shall be chargeable with a duty of sixpence per 
gallon in lieu of the duty of one shilling and sixpence per gallon now 
payable. § 56. 

Disposal of seized goods. —All things seized in any of the British 
possessions abroad, under any act made for the prevention of smug¬ 
gling,—or relating to the revenue of customs,—or to trade or navigation, 
—shall be taken forthwith and delivered into the custody of the collector 
and comptroller of the customs, at the custom-house next to the place 
where the same were seized, (who shall secure the same by such means 
and in such manner as any things would have been secured under the 


2 u 


See page 629. 


f See page 640. 



658 


BRITISH POSSESSIONS ABROAD. 


provisions and directions of the above-recited act;)—and after con¬ 
demnation shall cause all such things to be sold by public auction to the 
best bidder:—Provided, that it shall be lawful for the commissioners of 
the customs to direct in what manner the produce of such sale shall be 
applied, or, in lieu of such sale, to direct that any of such things shall 
be destroyed, or shall be reserved for the public service. § 57. 

Security to abide an appeal from decree of vice-admiralty court .— 
In any case in which proceedings shall be instituted in any court of 
Vice-Admiralty or other competent court in any of his Majesty’s posses¬ 
sions abroad, against any Ship, Vessel, Boat, Goods, or effects, for the 
recovery of any penalty or forfeiture under any act for the prevention of 
smuggling, or relating to the Revenue of Customs, or to the Trade or 
Navigation of the United Kingdom, or of any of his Majesty’s posses¬ 
sions abroad, the execution of any sentence or decree restoring such 
ship, &c. to the claimant thereof, (which shall be pronounced by the 
said vice-admiralty court in which such proceedings shall have been 
had,) shall not be suspended by reason of any appeal which shall be 
prayed and allowed from such sentence,—provided that the party ap¬ 
pellate shall give sufficient security, (to be approved of by the court,) to 
render and deliver the ship, &c. or the full value thereof, (to be ascer¬ 
tained either by agreement between the parties,—or in case the said 
parties cannot agree, then by appraisement under the authority of the 
said court,) to the appellant, in case the sentence or decree so appealed 
from shall be reversed, and such ship, &c. be ultimately condemned. 

§ 58. 

Fines , Sfc. to be paid to collector. —All fines and penalties recovered 
in any such possessions under any act or acts made for the prevention 
of smuggling, or relating to the revenue of customs, or to trade or 
navigation, shall be paid into the hands of the collector or comptroller 
of the colony or place where the same shall have been recovered, to be 
distributed by them according to law. § 59. 

Penalty for using forged documents. —If any person shall, in any of 
his Majesty’s possessions abroad,—counterfeit or falsify,—or wilfully 
use when counterfeited or falsified,—any entry,—warrant,—cocket,— 
transire, or other document,—for the unlading,—lading,—entering, re¬ 
porting, or clearing any ship or vessel,—or for the landing, shipping, 
or removing of any goods, stores, baggage, or article whatever—or shall 
by any false statement procure any writing or document to be made for 
any such purposes,—or shall falsely make any oath or affirmation re¬ 
quired by any act for regulating the trade of the British possessions 
abroad,—or shall forge or counterfeit a certificate of the said oath or 
affirmation,—or shall publish such certificate knowing the same to be 
so forged or counterfeited,—every person so offending shall forfeit the 
sum of two hundred pounds ;—and such penalty shall and may be pro¬ 
secuted, sued for, and recovered in like manner and by such ways and 
means as any penalty may be prosecuted, sued for, and recovered 
under the provisions and directions of the said last-mentioned act, 

§ 60 . 


ORDERS IN COUNCIL. 


G59 


Treasury Chambers, 28 th March , 1826. 

Gentlemen, —I herewith transmit, by command of the Lords Commissioners of 
his Majesty’s Treasury, a copy of a convention of commerce recently entered into by 
Iris Majesty and the King of France, whereby it is stipulated, that from and after the 
5 tk of April next, French ships, and the cargoes imported or exported in them, under 
the circumstances stated in the said convention, shall be treated as British ships and 
cargoes. And I am to desire, that from and after the 5th April next, you will charge 
French vessels, and the cargoes legally imported or exported on board the same, ac¬ 
cording to the terms of the convention, with such and the like duties only, of whatever 
kind they may be, that are charged on British vessels and similar cargoes laden on¬ 
board thereof; and that you will in like manner pay the same bounties, drawbacks, 
and allowances on articles exported in French vessels, that are paid, granted, or allowed 
on similar articles exported in British vessels. And I am further to desire, that you 
will transmit the necessary instructions to your officers in the colonies, for carrying 
into effect the stipulations contained in the two additional articles of the said con¬ 
vention, respecting French vessels and their cargoes, from and after the 1st day of 
October next. 

I am, gentlemen, 

Your obedient servant, 

Commissioners of Customs. W. HILL. 


SHIPS OF 


Prussia, 

France, 

Hanover , 

Sweden and Norway , 
Oldenhurgh , 

Lubec , 

Bremen , 

Hambro ’. 


Columbia , 

Rio de la Plata 
and 
Mexico, 

Russia, 

Ships within the. limits of 
the East India company's 
charter, 


Allowed to trade to the British possessions abroad. 


At the Court at Windsor, 

16 July, 1827 ; 

Present, 

The King’s most Excellent Majesty in Council. 

Whereas hv a certain act of Parliament passed in the 6th year of the reign of his 
present Majesty, intituled, “ An Act to regulate the trade of the British possessions 
abroad,” after reciting that “ by the law of navigation, foreign ships are permitted to 
import into any of the British possessions abroad, from the countries to which they 
belong, goods the produce of those countries, and to export goods from such posses¬ 
sions, to be carried to any foreign country whatever ; and that it is expedient that such 
permission should be subject to certain conditions,” it is enacted “ that the privileges 
thereby granted to foreign ships shall be limited to the ships of those countries which 
having colonial possessions shall grant the like privileges of trading with those posses¬ 
sions ”0 British ships, or which not having colonial possessions shall place the com¬ 
merce and navigation of this country, and of its possessions abroad, upon the footing of 
the most favoured nation, unless his Majesty by his Order in Council shall in any case 
deem it expedient to grant the whole or any of such privileges to the ships of any 
foreign country, although the conditions aforesaid shall not in all respects be fulfilled 
by such foreign country.” 

Prussia. —And whereas by an Order of his Majesty in Council, bearing date the 3d 
day of May, 1826, after reciting that “ within the dominions of his Majesty the King 
of Prussia, the commerce and navigation of this country, and of its possessions abroad, 
have been placed upon the footing of the most favoured nation,” his Majesty was 
pleased, by and with the advice of his Privy Council, to declare that the ships of and 
belonging to the dominions of his Majesty the King of Prussia were entitled to the 
privileges so granted as aforesaid by the law of navigation, and might import from 
such the dominions of his Majesty the King of Prussia, into any of the British posses* 

2 u 2 





660 


BRITISH POSSESSIONS ABROAD. 


sions abroad, goods the produce of such dominions, and might export goods from such 
British possessions abroad to be carried to any foreign country whatever. 

France. —And whereas by an Order of his Majesty in Council, bearing date the 
1 st day of June, 1826, after reciting that the conditions mentioned and referred to in 
and by the said act of Parliament, had not in all respects been fulfilled by the Govern¬ 
ment of France; (but that nevertheless his Majesty, by and with the advice of his 
Privy Council, did deem it expedient to grant certain of the privileges aforesaid to the 
ships of France;) his Majesty did therefore, by and with the advice of his Privy 
Council, and in pursuance and exercise of the powers and authority in him vested by 
the said act of Parliament, declare and grant, that it should and might be lawful for 
French ships to import into any of the British possessions in the West Indies and 
America, from the dominions of his most Christian Majesty, such goods being the 
produce of those dominions, as were mentioned and enumerated in the table subjoined 
to the said Order, and to export goods from such British possessions to be carried to 
any foreign country whatever ; and the table referred to in the said Order was as fol¬ 
lows ; that is to say, wheat, flour, biscuit, bread, meal, peas, beans, rye, calavances, oats, 
barley, Indian corn, rice, shingles, red oak staves ox headings, white oak staves or head¬ 
ings, wood, lumber, wood hoops, live stock, hay and straw, coin and bullion, diamonds, 
salt, fruit, and vegetables fresh, cotton wool, and all articles subject on importation to a 
duty ad valorem , on which articles the amount of such duty should not at the time of 
importation exeeed seven pounds ten shillings for every hundred pounds of the value of 
the same.—And whereas by an Order in Council, bearing date the 16/ h of December , 
1826, after reciting the said last-mentioned Order of the 1st day of June, 1826, his 
Majesty, by and with the advice aforesaid, and in pursuance and exercise of the powers 
and authority in him vested by the said act, did declare and grant that it should be 
lawful for French ships to import into the island of Mauritius, from the dominions of 
his most Christian Majesty, such goods, being the produce of those dominions, as are 
mentioned and enumerated in the table subjoined to the said Order in Council, of the 
1st day of June, 1826 ; and for the prevention of any doubts respecting the true mean¬ 
ing and effect of the said Order in Council of the 1st day of June, 1826, and of the 
said Order of the 16th day of December, 1826, his Majesty was further pleased to 
order and declare that neither the said Order in Council of the 1st day of June, 1826, 
nor the said Order of the 16th day of December, 1826, should extend, or be construed 
to extend, to authorize the importation by French ships into any of the British posses¬ 
sions in the West Indies and America, or into the island of Mauritius, from the 
dominions of his most Christian Majesty, of any wine being the produce of those 
dominions, 

America. —And whereas by an Order in Council, bearing date the 27 th day of July t 

And whereas by an act passed in the 7th and 8th years of his Majesty’s 
reign, intituled, “ An Act to amend the Laws relating to the Customs,” after reciting or 
taking notice of the said act so passed as aforesaid, in the 6th year of His Majesty’s 
reign, and after reciting that unless some period were limited for the fulfilment by 
foreign countries of the conditions mentioned and referred to in the said recited act, 
the trade and navigation of the United Kingdom, and of the British possessions 
abroad, could not be regulated by fixed and certain rules, but would continue subject to 
changes dependent upon the laws from time to time made in such foreign countries : it 
is therefore enacted, that no foreign country shall hereafter be deemed to have fulfilled 
the conditions so prescribed as aforesaid, in and by the said act, as to be entitled to the 
privileges therein mentioned, unless such foreign country had in all respects fulfilled 
those conditions within twelve months next after the passing of the said act, that is to 
say, on or before the 5th day of July, 1826.—And for the better ascertaining what 
particular foreign countries are permitted by law to exercise and enjoy the said privi¬ 
leges, it is further enacted, that no foreign country shall hereafter be deemed to have 
fulfilled the belbrementioned conditions, or to be entitled to the privileges aforesaid, 
unless and until his Majesty shall, by some Order or Orders to be by him made, by the 
advice of his Privy Council, have declared that such foreign country hath so fulfilled 
the said conditions, and is entitled to the said privileges, provided alway j, and it is 
thereby declared and enacted, that nothing therein contained extends, or shall be con¬ 
strued to extend to make void or annul any Order or Orders in Council theretofore 
issued under the authority or in pursuance of the said recited act, or to take away or 
abridge the powers vested in bis Majesty in and by the said act, or any of those 
powers, any thing therein contained to the contrary in anywise notwithstanding._ 


* This Order related to the United States, and has been revoked by Order, dated 
5th November, 1830. J 1 






661 


ORDERS IN COUNCIL. 

And wliereaas it is expedient that, in pursuance of the powers vested in his Majesty 
in and by the said recited acts of parliament, his Majesty should declare what foreign 
powers have fulfilled the beforementioned conditions, and are entitled to the privileges 
aforesaid, his Majesty therefore, in pursuance and exercise of the powers vested in 
him in and by the said acts of parliament, by and with the advice of his Privy Council, 
is pleased to order and declare that the several Orders in Council, bearing date respec¬ 
tively the 3d day of May, 1826, the Is/ day of June , 1826, and the 1 6lh day of Decem¬ 
ber, 1826, hereinbefore respectively recited, shall be and the same are hereby confirmed 
and continued in full force and effect. 

French ships. —And his Majesty doth further, in pursuance and exercise of the 
powers aforesaid, and with the advice aforesaid, declare and grant that it shall be 
lawful for French ships to import into the British possessions on the Western Coast 
of Africa , and into the Colony of the Cape of Good Hope,* and into the Island of 
Ceylon, and into his Majesty’s settlements in the Island of New Holland, and into the 
Island of Van Pieman's Land, and into the several islands and territories dependent 
upon and belonging to the several settlements or colonies aforesaid, from the domi¬ 
nions of his most Christian Majesty, such goods, being the produce of those domi¬ 
nions, as are mentioned and enumerated or referred to in the table subjoined to the 
said Order in Council of the 1st day of June, 1826. 

Hanover, 8fc .—And in further pursuance of the powers vested in his Majesty in 
and by the said acts of parliament so passed as aforesaid, in the 7th and 8tli years 
of his Majesty’s reign, his Majesty, with the advice aforesaid, is further pleased to 
declare that the conditions mentioned and prescribed in and by the said act so passed 
as aforesaid, in the 6th year of his Majesty's reign, have in all respects been fulfilled 
by the Government of his Majesty as King of Hanover, and by the Government of 
his Majesty the King of Sweden and Norway, and by the Government of his Serene 
Highness the Duke of Oldenburgh, and by the free Hanseatic Republics of Lubeck, 
Bremen , and Hamburgh, and by the State of Columbia, and by the United Provinces 
of Rio de la Plata, and by the United States of Mexico. 

And his Majesty is further pleased to declare that the ships of and belonging to 
the dominions of his Majesty as King of Hanover, or of his Majesty the King of 
Sweden and Norway, or of his Serene Highness the Duke of Oldenburgh, or of the free 
Hanseatic Republics of Lubeck, Bremen, and Hamburgh, or of the State of Columbia, 
or of the United Provinces of Rio de la Plata, or of the United States of Mexico, are 
entitled to the privileges so granted as aforesaid by the laws of navigation, and may 
respectively import from such the dominions to which they respectively belong into the 
British possessions abroad goods the produce of such dominions respectively, and may 
export goods from the British possessions abroad to be carried into any foreign country 
whatever. 

And whereas his Majesty, with the advice of his Privy Council, doth deem it expe¬ 
dient to grant the privileges aforesaid to the ships of the dominions of his Majesty the 
Emperor of all the Russias, his Majesty doth therefore, by the advice aforesaid, and in 
pursuance and exercise of the powers and authority in him vested by the said last re¬ 
cited act of parliament, declare and grant that it shall and may be lawful for Russian 
ships to import into any of the British possessions abroad, from the dominions of his 
Majesty the Emperor of all the Russias, goods the produce of those dominions, and to 
export from such possessions to be carried to any foreign country whatever. 

And his Majesty, by the advice aforesaid, is further pleased to declare and grant 
that it shall and may be lawful for ships of or belonging to any kingdom or state 
within the limits of the East India company’s charter to import, from the dominions 
to which they respectively belong, goods, the produce of such dominions, into the 
colony of the Cape of Good Hope, and into the Island of Ceylon , and into the Island 
of Mauritius, and into his Majesty’s Settlements in the Island of New Holland, and 
into the Island of Van Daman's Land, and into the several islands and territories 
dependent upon and belonging to the several settlements or colonies aforesaid, and to 
export goods from such several settlements or colonies, or their respective dependen¬ 
cies, to be carried into any foreign country whatever :—provided always that nothing 
herein contained shall extend, or be construed to extend, to take away or abridge any 
power now vested in his Majesty’s subjects in the last-mentioned settlements or colo¬ 
nies of trading with any kingdom or state within the limits of the said company’s 
charter.—And in further pursuance of the said act of parliament, his Majesty by the 
advice aforesaid, doth declare that no foreign country is entitled to the privileges so 
granted as aforesaid by the law of navigation, other than and except the foreign 
countries hereinbefore particularly mentioned .-—And that wo foreign ships can or may 
lawfully import into or export from any of the British possessions abroad any goods t 


* But see Order in Council, 22 February, 1832, 








66? BRITISH POSSESSIONS ABROAD. 

except so far as the right of such foreign countries to which such ships may belong, is 
hereinbefore declared :—provided always that nothing herein contained extends, or 
shall be construed to extend, to infringe or interfere with any treaty or convention sub¬ 
sisting between his Majesty and any foreign state or power :—Provided also, and it is 
further ordered and declared, that nothing herein, or in the said former Orders in 
Council, or any of them contained, extends, or shall be construed to extend, to his 
Majesty’s garrison and territory at Gibraltar, or to the Island of Malta ; but that 
goods shall and may be imported into and exported from Gibraltar and Malta, in 
the same manner in all respects as though this present Order, or the said former 
Orders, had not been made. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury, 
and the Right Honourable Viscount Goderich, one of his Majesty’s Principal Secre¬ 
taries of State, are to give the necessary directions herein accordingly as to them 
may respectively appertain. 

Gazetted 10 Aug. 1827 C. C. GREVILLE. 


SPANISH SHIPS. 

At the Court at Saint James’s, 

28 April, 1828; 

Present, 

The King’s most Excellent Majesty in Council. 

Whereas by a certain act of parliament passed in the 6th year of the reign of his 
present Majesty, intituled, “ An Act to regulate the Trade of the British Posses¬ 
sions abroad,” after reciting that “ by the law of navigation, foreign ships are per¬ 
mitted to import into any of the British possessions abroad, from the countries to 
which they belong, goods, the produce of those countries, and to export goods from 
such possessions to be carried to any foreign country whatever, and that it is expe¬ 
dient that such permission should be subject to certain conditions,” it is enacted—that 
“ the privileges thereby granted to foreign ships shall be limited to the ships of those 
countries which, having colonial possessions, shall grant the like privileges of trading 
with those possessions to British ships, or which, not having colonial possessions, shall 
place the commerce and navigation of this country, and of its possessions abroad, 
upon the footing of the most favoured nation, unless his Majesty, by his Order in 
Council, shall in any case deem it expedient to grant the whole or any of such privi¬ 
leges, to the ships of any foreign country, although the conditions aforesaid shall not 
in all respects be fulfilled by such foreign country.” 

And whereas by an act passed in the 7th and 8th years of his present Majesty’s 
reign, intituled, “ An Act to amend the Laws relating to the Customs,” after reciting 
or taking notice of the said act so passed as aforesaid, in the 6th year of his Ma¬ 
jesty’s reign, and after reciting that unless some period were limited for the fulfil¬ 
ment by foreign countries of the conditions mentioned and referred to in the said recited 
act, the trade and navigation of the United Kingdom, and of the British possessions 
abroad, could not be regulated by fixed and certain rules, but would continue subject to 
changes dependent upon the laws from time to time made in such foreign countries ; 
it is therefore enacted,—that no foreign country shall hereafter be deemed to have 
fulfilled the conditions so prescribed as aforesaid in and by the said act, as to be enti¬ 
tled to the privileges therein mentioned, unless such foreign country had , in all respects, 
fulfilled those conditions within twelve months next after the passing of the said act , 
that is to say , on or before the 5th day of July, 1826 : and for the better ascertaining 
what particular foreign countries are permitted by law to exercise and enjoy the said 
privileges, it is further enacted, that no foreign country shall hereafter be deemed to 
liave fulfilled the before mentioned conditions, or to be entitled to the privileges afore¬ 
said, unless and until his Majesty shall by some Order or Orders to be by him made, 
by the advice of his Privy Council, have declared that such foreign country hath so 
fulfilled the said conditions, and is entitled to the said privileges, provided always and 
it is thereby declared and enacted, that nothing therein contained extends or shall be 
construed to extend to make void or annul any Order or Orders in Council theretofore 
issued under the authority or in pursuance of the said recited act, or to take away or 
abridge the powers vested in his Majesty, in and by the said act, or any of those powers, 
any thing therein contained to the contrary in anywise notwithstanding. 

And whereas the conditions mentioned and referred to in the said acts of parliament 
have not in all respects been fulfilled by the Government of his most Catholic Majesty 
the King of Spain, and therefore the privileges so granted as aforesaid by the law of 






ORDERS IN COUNCIL. 663 

navigation to foreign ships, cannot lawfully he exercised or enjoyed by the ships of 
Spain, unless his Majesty, by his Order in Council, shall grant the whole or any of 
such privileges to such Spanish ships. 

And whereas his Majesty, by and with the advice of his Privy Council, doth deem 
it expedient to grant the privileges aforesaid in certain cases to ships of the dominions 
of his most Catholic Majesty the King of Spain, his Majesty doth therefore by the 
advice aforesaid, and in pursuance and exercise of the powers and authority in him 
vested by the said recited acts of parliament, declare and grant that it shall and may be 
lawful for Spanish ships to import into any of the British possessions abroad , from the 
colonies and foreign possessions of his most Catholic Majesty, goods the produce 
of those colonies and possessions, and to export goods from such British possessions 
abroad, to be carried to any foreign country whatever. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury and 
the Right Honourable William Huskisson, one of his Majesty’s Principal Secretaries 
of State, are to give the necessary directions herein as to them may respectively apper¬ 
tain. 

Gazetted 27 June, 1828. JAMES BULLER. 


The Trade of BRITISH POSSESSIONS on or near the Continent of EUROPE, 
MEDITERRANEAN, aud within the limits of the EAST INDIA COMPANY’S 
CHARTER. 

At the Court at Windsor, 

12 October, 1829; 

Present, 

The King’s most Excellent Majesty in Council. 

Whereas by an act passed in the 6th year of the reign of his present Majesty, 
intituled “ An Act to regulate the Trade of the British Possessions abroad,” the 
several sorts of goods enumerated or described in a certain table therein contained, 
denominated “A Table of Prohibitions and Restrictions,” are either prohibited to be 
imported or brought either by sea, or by inland carriage, or navigation, into the British 
possessions in America , or into the Island of Mauritius, —or are permitted to be 
imported, or brought into those possessions,—under the restrictions made in such 
table ;—and in and by the said act, provision is made respecting the manner in which 
vessels and goods shall be entered and cleared , inwards and outwards, in the British 
possessions in America, and in the said Island of Mauritius, and for the prevention of 
smuggling in the said British possessions in America, and in the said Island of 
Mauritius. And whereas, by the acts 7 Geo. IV. c. 48.—7 and 8 Geo. IV. c. 56.— 
and the 10 Geo. IV. c. 43. the before-mentioned provisions of the act so passed, in the 
6th year of his Majesty’s reign, have been altered and amended.—And whereas by the 
said act so passed in the 6th year of his Majesty’s reign, it is, amongst other things, 
enacted, that it shall be lawful for his Majesty, by and with the advice of his Privy 
Council, by any Order or Orders in Council to be issued from time to time, to give 
such directions, and make such regulations touching the trade and commerce to and 
from any British possessions on or near the Continent of Europe, or within the Medi¬ 
terranean Sea, or in Africa, or within the limits of the East India Company's charter 
(excepting the possessions of the said Company) as to his Majesty in Council shall 
appear most expedient and salutary ;—and that if any goods shall be imported or 
exported in any manner contrary to any such Order of his Majesty in Council, the 
same shall be forfeited, together with the ship importing or exporting the same.— 
His Majesty doth therefore, by and with the advice of his Privy Council, and in pur¬ 
suance and exercise of the powers so vested as aforesaid in him, in and by the said 
act so passed as aforesaid in the 6th year of his reign, order, and it is hereby ordered, 
—that so much of the above acts as impose prohibitions and restrictions on the importa¬ 
tion of goods into the British possessions in America, —and the Island of Mauritius, —and 
as relate to the entry of vessels and goods inwards and outwards in those possessions and 
the island afot'esaid, —and to the prevention of smuggling there, shall be, and the 
same are hereby extended and made applicable to his Majesty’s settlement at Sierra 
Leone, and all other his Majesty’s settlements on the Western coast of Africa. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury are 
to give the necessary directions herein accordingly. 

Gazetted 23 Oct. 1829. 


J. BULLER. 



f>64 BRITISH POSSESSIONS ABROAD. 

AUSTRIAN SHIPS. 

At the Court at Windsor, 

7 April, 1830. 

Present, 

The King’s most Excellent Majesty in Council. 

The two first clauses of this act are the same as that dated 28th April, 1828. 

And whereas his Majesty, by and with the advice of his Privy Council, doth deem 
it expedient to grant the privileges aforesaid to the ships of the dominions of his 
Majesty the Emperor of Austria, his Majesty doth therefore by the advice aforesaid, 
and in pursuance and exercise of the powers and authority in him vested by the said 
recited acts of parliament, declare and grant that it shall and may he lawful for 
Austrian ships to import from the dominions of his Majesty the Emperor of Austria, 
into any of the British possessions abroad , goods the produce of such dominions, and 
to export goods from such British possessions abroad, to he carried to any foreign 
country whatever. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury, and 
the Right Honourable Sir George Murray, one of his Majesty’s Principal Secretaries 
of State, are to give the necessary directions herein as to them may respectively 
appertain. 

Gazetted 13 April, 1830. JAMES BULLER. 


AMERICAN SHIPS. 

At the Court at St. James’s, 

5 November, 1830 ; 

Present, 

Tire King’s most Excellent Majesty in Council. 

Whereas by a certain act of parliament, passed in the f>th year of the reign of his 
late Majesty King George IV., intituled “ An Act to regulate the Trade of the British 
Possessions abroad,” after reciting that*' by the law of navigation foreign ships are 
permitted to import into any of the British possessions abroad, from the countries to 
which they belong, goods, the produce of those countries, and to export goods from 
such possessions to be carried to any foreign country whatever, and that it is expedient 
that such permission should be subject to certain conditions,” it is, therefore, enacted, 
“ that the privileges thereby granted to foreign ships shall be limited to the ships of 
those countries which, having colonial possessions, shall grant the like privileges of 
trading with those possessions to British ships, or which, not having colonial posses¬ 
sions, shall place the commerce and navigation of this country, and of its possessions 
abroad, upon the footing of the most favoured nation, unless his Majesty, by his Order 
in Council, shall in any case deem it expedient to grant the whole or any of such 
privileges to the ships of any foreign country, although the conditions aforesaid shall 
not in all respects be fulfilled by such foreign country.” 

And whereas by a certain Order of his said late Majesty in Council, bearing date 
the 27th July, 1826, after reciting that the conditions mentioned and referred to in the 
said act of parliament had not in all respects been fulfilled by the Government of the 
United States of America, and that therefore the privileges so granted as aforesaid by 
the law of navigation to foreign ships, could not lawfully be exercised or enjoyed by 
the ships of the United States aforesaid, unless his Majesty, by his Order in Council, 
should grant the whole or any of such privileges to the ships of the* United States 
aforesaid: his said late Majesty did, in pursuance of the powers in him vested by the 
said act, grant the privileges aforesaid to the ships of the said United States ; but did 
thereby provide and declare, that, such privileges should absolutely cease and determine 
in his Majesty’s possessions in the West Indies and South America, and in certain 
other of his Majesty’s possessions abroad, upon and from certain days in the said 
Order for that purpose appointed, and which are long since passed: 

And whereas by a certain other Order of his said late Majesty in Council, bearing 
date the 16th July, 1827, the said last mentioned Order was confirmed : And whereas 
in pursuance of the acts of Parliament in that behalf made and provided, his said 
late Majesty, by a certain Order in Council, bearing date the 21st July, 1823, and by 
the said Order in Council, bearing date the 27th July, 1826, was pleased to order that 
there should be charged on all vessels of the said United States, which should enter 
any of the ports of his Majesty’s possessions in the West Indies or America, with 
articles of the growth, produce, or manufacture of the said states, certain duties of 
tonnage and of customs therein particularly specified : 



ORDERS IN COUNCIL. 665 

And whereas it hath been made to appear to his Majesty in Council, that the 
restrictions heretofore imposed by the laws of the United States aforesaid upon British 
vessels, navigated between the said States and his Majesty’s possessions in the West 
Indies and America, have been repealed, and that the discriminating duties of tonnage 
and of customs, heretofore imposed by the laws of the said United States upon British 
vessels and their cargoes entering the ports of the said States from his Majesty’s said 
possessions, have also been repealed, and that the ports of the United States are now 
open to British vessels and their cargoes coming from his Majesty’s possessions afore¬ 
said, his Majesty doth, therefore, with the advice of his Privy Council, and in pursuance 
and exercise of the powers so vested in him as aforesaid by the said act so passed in 
the 6th year of the reign of his said late Majesty, or by any other act or acts of par¬ 
liament, declare, that the said recited Orders in Council of the 21st July, 1823, and of 
the 27th July, 1826, and the said Order in Council of the 16th July, 1827, (so far as 
such last mentioned Order relates to the said United States,) shall be, and the same 
are, hereby respectively revoked : 

And his Majesty doth further, by the advice aforesaid, and in pursuance of the 
powers aforesaid, declare that the ships of and belonging to the said United States of 
America, may import from the United States aforesaid into the British possessions 
abroad, goods the produce of those States, and may export goods from the British 
possessions abroad to be carried to any foreign couutry whatever. 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury, 
and the Right Honourable Sir George Murray, one of his Majesty’s Principal Secre¬ 
taries of State, are to give the necessary directions herein, as to them may respectively 
appertain. 

Gazetted 9 Nov. 1830. JAMES BULLER. 


CAPE OF GOOD HOPE. 

At the Court at St. James’s, 

22 February, 1832; 

Present, 

The King’s most Excellent Majesty in Council. 

Whereas on the 14th February 1806, a proclamation was issued by Major-General 
Sir David Baird, then administering the government of the colony of the Cape of 
Good Hope, respecting the duties to be levied on grain to be imported into the said 
colony ;—and whereas—(and then are recited, Orders, Proclamations, and Government 
Advertisements of the following dates, 3 May, 1806—11 June, 1806—13 May, 1807, 
18 Sept. 1807—12 April, 1809—23 April, 1811—9 Oct. 1811—18 Oct. 1811—1 Oct. 
1811—29 May, 1812—8 Jan. 1813—13 Aug. 1813—24 June, 1814—21 July, 1814— 
24 Sept. 1814—20 Mar. 1818—31 July, 1818—12 July, 1820—14 Nov. 1821—18 
April, 1822—10 Oct. 1823—13 Nov. 1823—30 April, 1827—16 July, 1827—3 July, 
1826—7 June, 1828)—and whereas, on the 7th April, 1830, his said late Majesty King 
George the Fourth, by the advice of his Privy Council, made an Order respecting the 
resort of Austrian vessels to the British possessions abroad;—and whereas on the 5th 
Nov. 1830, his Majesty, with the advice of his Privy Council, made a certain Order 
respecting the resort of vessels belonging to the United States of America to the British 
possessions abroad ;—and whereas, by an act passed in the 6 Geo. IV. intituled “ An Act 
to regulate the Trade of the British Possessions abroad,” (c. 114.) it is, amongst other 
things, enacted, “ that it shall be lawful for his Majesty, by and with the advice of his 
Privy Council, by any Order or Orders in Council to be issued from time to time, to 
give such directions and make such regulations touching the trade and commerce to 
and from any British possessions on or near the continent of Europe, or within the 
Mediterranean Sea, or in Africa, or within the limits of the East India Company’s 
charter, excepting the possessions of the said Company, as to his Majesty in Council 
shall appear most expedient and salutary.” 

And whereas, in order to the consolidation of the laws relating to the external 
trade of the said colony, and the rendering such laws more simple and effective, 
it is expedient that the various orders in council, local ordinances, proclamations, 
Government advertisements, and all laws and enactments whatsoever (not made 
by his Majesty with the advice and consent of parliament) for regulating the external 
trade of the said colony should be rescinded and repealed : his Majesty doth, therefore, 
in pursuance and exercise of the powers so vested in him as aforesaid, by the said 
recited act of parliament, and of all other powers enabling him in that behalf, order, 
and it is hereby ordered: all and every the Orders in Council before recited, in so far 
as such Orders, or any of them, relate to the said colony of the Cape of Good Hope, 



566 


BRITISH POSSESSIONS ABROAD. 


but no further, or otherwise, and all and every the before recited ordinances, pro¬ 
clamations, and Government advertisements, so made as aforesaid, by the successive 
Governors or officers administering the Government of the said colony, and all and 
every the laws and ordinances, orders and proclamations, Government advertisements, 
or legislative acts, of what nature or kind soever (not being acts of parliament,) 
•which, at the time of the promulgation of this present Order within the said colony, 
shall be in force therein for the regulation of the duties of customs payable upon the 
importation or exportation of goods, wares, and merchandise at the said colony, or for 
determining the rate of such duties, or for ascertaining what goods may be legally 
imported into, or exported from, the same : or respecting the tonnage or the national 
character of the ships or vessels in which any such importation or exportation may be 
made, or respecting the warehousing of goods imported into the said colony for 
re-exportation, shall be, and the same, and each and every of them, are and is hereby 
revoked, rescinded, and repealed;—provided, nevertheless, and it is further ordered, 
that this present Order hath not, and shall not be deemed or be taken to have, the 
effect of reviving any law, ordinance, Order in Council, proclamation, or other enact¬ 
ment which may have been revoked, rescinded, or repealed, either in whole or in part, 
by any of the laws, ordinances, Orders in Council, proclamations, Government 
advertisements, and enactments which are or is revoked, rescinded, or repealed as 
aforesaid by this present Order;—provided also, and it is further ordered, that nothing 
in th'is present Order contained shall prevent or interfere with the recovery of any 
duties which, at or immediately before the time of the promulgation hereof, may be 
owing by any person or persons to his Majesty, or of any fee of office which, at or 
immediately before that time, may be owing to any officer of his Majesty’s revenue, or 
other officer, within the said colony, or of any fine, penalty, or forfeiture which, at or 
immediately before that time, may have been actually incurred, or of any debt which 
may then be due and owing by any person or persons, but that all such duties, fees 
of office, fines, penalties, forfeitures, and debts shall, from and after the promulgation 
of this present Order within the said colony, be recovered and recoverable, and shall 
remain due and exigible, in such and the same manner, and to such and the same 
extent in all respects, as if this present Order had not been made. 

And it is further ordered, that the Governor, or the officer for the time being 
administering the Government of the said colony shall, and he is hereby required to 
promulgate this present Order, within one calendar month next after the receipt 
thereof by him; and this Order shall take effect within the said colony and have the 
force of law there, upon, from, and after the date of such promulgation thereof as 
aforesaid, and not before. 

And the Lords Commissioners of his Majesty’s Treasury, and the Right Honourable, 
Viscount Goderich, one of his Majesty’s Principal Secretaries of State, are to give 
the necessary directions herein accordingly as to them may respectively appertain. 
Gazetted 17 April, 1832. C. C. GREV1LLE. 


CAPE OF GOOD HOPE. 

At the Court at St. James’s, 

22 February, 1832; 

Present, 

The King’s most Excellent Majesty in Council. 

Whereas by a certain act of parliament, 6 Geo. IV. c. 114. intituled, “ An Act to 
regulate the Trade of the British Possessions abroad,” it is, amongst other things, 
enacted, § 73. “ that it shall be lawful for his Majesty, by and with the advice of his 
Privy Council, by any Order or Orders in Council, to be issued from time to time, to 
give such directions, and make such regulations, touching the trade and commerce to 
and from any British possessions on or near the continent of Europe, or within the 
Mediterranean Sea, or in Africa, or within the limits of the East India Company’s 
charter, excepting the possessions of the said Company, as to his Majesty in Council 
shall appear most expedient and salutary, and that if any goods shall be imported or 
exported in any manner contrary to any such Order of his Majesty in Council, the 
same shall be forfeited, together with the ship importing or exporting the same and 
whereas his Majesty, with the advice of his Privy Council, doth deem it expedient and 
salutary to make the several regulations hereinafter contained, touching the trade and 
commerce to and from his Majesty’s colony of the Cape of Good Hope, his Majesty 
doth, therefore, with the advice of his Privy Council, and in pursuance and exercise 
of the powers so vested in him as aforesaid by tlie said recited act of parliament, 
order, and it is hereby ordered— 



ORDERS IN COUNCIL. 


667 

That, upon all goods, wares, and merchandise, the growth, produce, £. s. d. 
or manufacture of the United Kingdom—or of any of his Majesty’s 
possessions abroad, (other than the possessions of the East India 
Company,) imported into the colony of the Cape of Good Hope, 
for consumption , there shall be levied a duty at the rate for every 

hundred pounds of the value thereof. . 3 0 0 

And that upon all goods, wares, and merchandise, the growth, pro¬ 
duce, or manufacture of any foreign state, or of the possessions of 
the East India Company, imported into the said colony, for con - 
sumption, there shall be levied a duty at and after the rate of for 

every hundred pounds of the value thereof... 10 0 0 

Provided, nevertheless, and it is further ordered, that no such duty 
as aforesaid shall be levied upon any barrels or casks imported into 
the said colony, (to be there sold or employed as wine barrels or as 
wine casks, or upon any hoops, staves, or headings imported into 
the said colony, to be there sold or employed for or in the making 
of any such wine barrels or wine casks,) but that all such wine 
barrels, wine casks, hoops, staves, and headings, shall be import¬ 
able, for the purposes aforesaid, into the said colony... duty free. 

And whereas by the said recited act, after reciting (§ 4.) tf that by the law of 
navigation, foreign ships are permitted to import into any of the British possessions 
abroad, from the countries to which they belong, goods the produce of those countries, 
and to export goods from such possessions, to be carried to any foreign country what¬ 
ever ; and that it is expedient that such permission should be subject to certain con¬ 
ditions, it is enacted, that the privileges thereby granted to foreign ships shall be 
limited to the ships of those countries which, having colonial possessions, shall grant 
the like privileges of trading with those possessions to British ships, or which, not 
having colonial possessions, shall place the commerce and navigation of this country 
and of its possessions abroad upon the footing of the most favoured nation, unless his 
Majesty, by his Order in Council, shall in any case deem it expedient to grant the 
whole or any of such privileges to the ships of any foreign country, although the 
conditions aforesaid shall not in all respects be fulfilled by such foreign country;” 
and whereas by 7 and 8 Geo. IV. c. 56. intituled, “ An Act to amend the Laws 
relating to the Customs,” after reciting so much as is last hereinbefore recited of 
the act so passed as aforesaid in the 6th year of the reign of his said late Majesty, 
and further reciting (§ 41.) “ that unless some period be limited for the fulfilment by 
foreign countries of the conditions mentioned and referred to in the said recited act, 
the trade and navigation of the United Kingdom, and of the British possessions abroad, 
cannot be regulated by fixed and certain rules, but will continue subject to changes 
dependent upon the laws from time to time made in such foreign countries, it is 
enacted that no foreign country shall thereafter be deemed to have fulfilled the con¬ 
ditions so prescribed as aforesaid, in and by the said act, so passed in the 6th year 
of his said late Majesty’s reign, as to be entitled to the privileges therein mentioned, 
unless such foreign country had in all respects fulfilled those conditions within twelve 
months next after the passing of the said act, that is to say, on or before the 5th July, 
1826 ; and for the better ascertaining what particular foreign countries are permitted 
by law to exercise and enjoy the said privileges, it is thereby further enacted, that no 
foreign country shall thereafter be deemed to have fulfilled the before-mentioned con¬ 
ditions, or to be entitled to the privileges aforesaid, unless and until his Majesty shall 
by some Order or Orders to be by him made, by the advice of his Privy Council, have 
declared that such foreign country hath so fulfilled the said conditions, and is entitled 
to the said privileges; and it is thereby further declared and enacted, that nothing 
therein contained extends, or shall be construed to extend, to make void or annul any 
Order or Orders in Council theretofore issued under the authority or in pursuance of 
the said recited act, or to take away or abridge the powers vested in his Majesty in 
and by the said act, or any of those powers, any thing therein contained to the 
contrary in any wise notwithstanding;” and whereas his Majesty, by and with the 
advice of his Privy Council, doth deem it expedient to grant to the ships of all 
foreign countries in amity with his Majesty, the privileges aforesaid, so far as 
respects the said colony of the Cape of Good Hope, his Majesty doth therefore, by the 
advice aforesaid, declare and grant that it shall and may be lawful for all foreign ships 
belonging to countries in amity with his Majesty, to import into the colony of the Cape of 
Good Hope from the countries to which they respectively belong, goods the produce 
of those respective countries,—and to export goods from the said colony of the Cape of 
Good Hope to be carried to any foreign country whatever;—and whereas by the said 
act, so passed as aforesaid in the 6th year of the reign of his late Majesty King 
George the Fourth, c. 114. various enactments are contained in the words following.— 





C63 


BRITISH POSSESSIONS ABROAD. 


fHere follow sections 2, 3, 6, 7, 8, 12, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 
33, 34, *35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 
59, 60,61, 62,63,64, 65,66, 67, 68, 69, 70, 71, 72, 74, 75, 79, 80,81,82,83, 84,85.) 

And whereas it is expedient, that all those parts of the said recited act of the 6th 
year of the reign of his late Majesty King George the Fourth, which are hereinbefore 
particularly recited and set forth, should be extended and applied to the said colony of 
the Cape of Good Hope;—his Majesty doth, therefore, with the advice of his Privy 
Council, and in further pursuance and exercise of the powers so vested in him as 
aforesaid by the said last recited act of parliament, order, and it is hereby ordered, 
that all and every the enactments, provisions, and declarations in the said act, so 
passed in the 6th year of the reign of his said late Majesty as aforesaid, (so far as 
the same are hereinbefore recited,) shall be and they are hereby extended to and 
declared to be in force within the said colony of the Cape of Good Hope, as fully and 
effectually to all intents and purposes as the same are by force and virtue of the said 
act extended to and declared to be in force within the British possessions in America. 

Free Ports. —Provided, nevertheless, and it is further ordered, that within the 
meaning and for the purposes of the said act, the several ports of Cape-town, 
Simon’s-town, and Port Ei.izabeth, shall be, and be deemed to be, free ports ; and 
the said ports of Cape-town and Simon’s-town shall be, and be deemed to be, free 
warehousing ports ; and from and after the day on which this present Order shall be 
promulgated within the said colony, all the provisions, penalties, and forfeitures in the 
said act contained, respecting the free ports and the free warehousing ports therein 
mentioned, shall extend, and be deemed and construed to extend, to the said ports of 
Cape-town, Simon’s-town, and Port Elizabeth, as free ports, and to the said ports of 
Cape-town and Simon’s-town as free warehousing ports, as fully and effectually as if 
the same were respectively inserted and enumerated in the table of free ports and of 
free warehousing ports in the said act contained: 

And provided also, and it is further ordered, that it shall be lawful for any person, 
who shall have duly made entry at either of the said ports of Cape-town and Simon’s- 
town, of any goods to be there lodged in the warehouse, and who shall in all other 
respects have complied with the law respecting the warehousing of such goods, to 
tranship the same, within the limits of such port, in any vessel, without the actual 
landing thereof on shore, if such person shall in all respects comply with and observe 
such regulations as may be made for effecting any such transhipment by the Lords 
Commissioners for the time being of his Majesty’s Treasury; which regulations shall 
by the said Lords Commissioners be signified to the Chief Officer of his Majesty’s 
Customs at each of the said respective ports, through the Commissioners of his Ma¬ 
jesty’s Customs: 

And whereas by the said act, so passed as aforesaid in the 6th year of the reign of 
his said late Majesty King George the Fourth (§ 9.) it is further enacted, “ that if any 
of the goods therein mentioned shall be imported into any of the British possessions 
in America, through the United Kingdom—(having been warehoused therein, and 
exported from the warehouse, or the duties thereon, if then paid, having been drawn 
back,)—one tenth part of the duties by the said act imposed shall be remitted in 
respect of such goods;—and if any of the goods therein mentioned shall be imported 
through the United Kingdom (not from the warehouse) but after all duties of 
importation for home use thereon shall have been paid thereon, in the said United 
Kingdom (and not drawn back) such goods shall be free of all duties by the said act 
imposed—it is hereby further ordered, that a similar abatement or remission, as the 
case may be, shall be made, in respect of the duties imposed by this present Order, in 
respect of all goods imported into the said colony: 

And it is further ordered, that the Governor,or the officer for the time being adminis¬ 
tering the Government, of the said colony shall, and is hereby required, to promulgate 
this present Order within one calendar month next after the receipt thereof by him; 
and this Older shall take effect within the said colony, and have the force of law 
there, upon, from, and after the date of such promulgation thereof as aforesaid, and 
not before : 

And the Right Honourable the Lords Commissioners of his Majesty’s Treasury, and 
the Right Honourable Viscount Goderich, one of his Majesty’s Principal Secretaries 
of State, are to give the necessary directions herein, as to them may respectively 
appertain. 

Gazetted 17 April, 1832. C. C. GREVILLE. 


ISLE OF MAN. 


675 


CHAPTER X. 


TRADE OF THE ISLE OF MAN. 


6 Geo. IV. c. 115. 


An Act for regulating the Trade of the Isle of Man. 

After reciting 6 Geo. IV. c. 105. and that by the said act the 
various acts made for the regulation of the customs of the Isle of 
Man will he repealed: it is enacted, that from and after the 5th of 
January, 1826, this act and every thing contained therein shall come 
into and be and become in full force and operation, for regulating the 
trade of the Isle of Man. § 1. 

Duties payable on the importation of goods into the Isle of Man .—- 
There shall be levied, the several duties of customs as the same are 
respectively set forth in figures in the table hereinafter contained upon 
importation into the Isle of Man of the several goods specified in said 
table. § 2. 


A Table of the Duties of Customs payable on Goods, Wares, and 
Merchandise, imported into the Isle of Man. 


Coffee ........the lb. 

Hemp, from foreign parts...for every £100 value 

Hops, from the United Kingdom...the lb. 

Iron, from foreign parts . for every £100 value 

Spirits; viz. 

- foreign brandy.the gallon 

- foreign geneva. the gallon 

- rum of the British plantations*.the gallon 

Sugar, Muscovado .. the cwt. 

Tea; viz. 

- bohea.. the lb. 

- green. the lb. 

Tobacco ... the lb. 

Wine; viz. 

-French.the ton of 252 gallons 

- any other sort .the ton of 252 gallons 

Wood, from foreign parts; viz. 

- deal boards.for every £100 value 

- timber ..for every £100 value 


Goods, wares, and merchandise, imported from the United Kingdom, 
and entitled to any bounty or drawback of excise on exportation from 
thence, and not hereinbefore enumerated or charged with duty, 

for every £100 value 

Goods, wares, and merchandise, imported from the United Kingdom, 

and not hereinbefore charged with duty-}- .for every £100 value 

Goods, wares, or merchandise, imported from any place from whence such 
goods may be lawfully imported into the Isle of Man, and not herein¬ 
before charged with duty. for every £100 value 


£. s. 
0 0 
10 0 
0 0 
10 0 

0 4 
0 4 
0 3 

0 1 

0 0 
0 1 
0 1 

16 0 
12 0 

10 0 
10 0 


5 0 

2 10 


15 0 


d. 

4 

0 

U 

0 

6 

6 

0 

0 

6 

0 

6 

0 

0 

0 

0 


0 

0 

0 


Except the several goods, wares, and merchandise following, and 
which are to be imported into the Isle of Man, duty free; (that is 
to say,) 


* See page 683. 
f Except coals, culm, or 


cinders, by 1 and 2 Wm. IV. c. 16. see page 509. 

2x2 





























676 


ISLE OF MAN. 


Certain g*ods from any place. —Flax, flax seed, raw or brown linen yarn, wood 
ashes, weed ashes, flesh of all sorts; also corn, grain, or meal of all sorts when 
importable ; any of which goods, wares, or merchandise may be imported into the 
said isle from any place in any ship or vessel. 

British good& in British ships from United Kingdom. —Any sort of white or brown linen 
cloth, hemp, hemp seed, horses, black cattle, sheep, all utensils and instruments fit 
and necessary to be employed in manufactures, in fisheries, or in agriculture, 
bricks, tiles, all sorts of young trees, sea shells, lime, soaper’s waste, packthread, 
small cordage for nets, salt, boards, timber, woods, hoops, being the growth, produc¬ 
tion, or manufacture of the United Kingdom, and imported from thence in British 
ships. 

Bt'itish colonial goods in British ships from United Kingdom. —Iron in rods or bars, 
cotton, indigo, naval stores, and any sort of wood, commonly called lumber, (viz. 
deals of all sorts, timber, balks of all sizes, barrel boards, clap boards, pipe boards, 
or pipe hold, white boards for shoemakers, broom and cant spars, bow staves, 
capravan, clap bolt, ebony wood, headings for pipes and for hogsheads, and for 
barrels, hoops for coopers, oars, pipe and hogshead staves, barrel staves, firkin staves, 
trunnels, speckled wood, sweet wood, small spars, oak plank, and wainscot,) being 
of the growth, production, or manufacture of any British colony or plantation in 
America or the West Indies, and imported from the United Kingdom in British ships. 

British goods to appear upon the cockets. —No goods shall be entered 
in the Isle of Man, as being the growth, produce, or manufacture [of 
the United Kingdom,—or as being imported from thence,—except such 
goods as shall appear upon the cocket to have been duly cleared at 
some port in the United Kingdom, to be exported to the said isle. 
§3. 

Goods importable only under licence. —The several sorts of goods 
enumerated in the schedule hereinafter contained, denominated 
“ Schedule of Licence Goods,” shall not be imported into the Isle 
of Man,—nor exported from any place to be carried to the Isle of Man, 
without the licence of the commissioners of customs first obtained; 
nor in greater quantities in the whole, in any one year, than the quan¬ 
tities specified in the said schedule; and such goods shall not be so 
exported nor so imported, except from the places set forth in the said 
schedule, and according to the rules subjoined thereto; that is to 
say, 

Schedule of Licence Goods : 


Wine. one hundred and ten tuns. 

Foreign brandy*. ten thousand gallons. 

Foreign geneva*. ten thousand gallons. 


From the United Kingdom, —or from any place from whence the same 
might be imported into the United Kingdom for consumption 
therein. 

Rum, of the British plantations sixty thousand gallons. 

From Great Britain. 

Bohea tea .. fifty thousand pound?. 

Green tea.five thousand pounds. 

Coffeef.eight thousand pounds. 

Tobacco. sixty thousand pounds. 

Muscovado sugar. six thousand hundred weight. 

Playing cards + .four thousand packs. 

From England. 

Refined sugar. four hundred hundred weight. 

From the port of Liverpool. 

And such additional quantities of any of such several sorts of goods as the commis¬ 
sioners of his Majesty’s treasury shall, from time to time, under any special circum¬ 
stances of necessity, direct from such ports respectively; 


* All other spirits prohibited, see 9 Geo. IV. c. 76. paire 781. 
+ See 7 Geo. IV. c. 48. page 780. 

{ See 9 Geo. IV. c. 18. page 489. 














ISLE OF MAN. 


677 


Subject to the Rules following : 

(1.) All such goods to be imported into the port of Douglas, and by his Majesty’s 
subjects, and in British* ships of the burthen of fifty tons or upwards: 

(2.) Such tobacco to be shipped only in ports j- in England, where tobacco is allowed 
to be imported and warehoused without payment of duty : 

(3.) Such wine to be so imported only in casks or packages containing not less than 
a hogshead each, or in cases containing not less than three doz«i reputed quart bottles, 
or six dozen reputed pint bottles each : 

(4.) Such brandy and geneva to be imported only in casks containing one hundred 
gallons each, at least: 

(5.) Such brandy and geneva not to be of greater strength than one to nine over 
hydrometer proof: 

(6.) Such goods, when exported from Great Britain, may be so exported from the 
warehouseJ in which they may have been secured without payment of duty: 

(7.) If the duties of importation have been paid in the United Kingdom on such 
goods, a full drawback of such duties shall be allowed on the exportation: 

(8.) Upon the exportation from Liverpool of such refined sugar , the same bounty 
shall be allowed as would be allowable on exportation to foreign parts : 

(9.) Upon exportation from the United Kingdom of any such goods from the 
warehouse, or for drawback, or for bounty, so much of the form of the bond, or of any 
other document required in the case of exportation of such goods generally to foreign 
parts, as is intended to prevent the landing of the same in the Isle of Man, shall be 
omitted: 

(10.) No drawback, or bounty to be allowed, nor export bond cancelled, until a 
certificate of the due landing of the goods at the port of Douglas be produced from the 
collector and comptroller of the customs at that port: 

(11.) If any goods be laden at any foreign port or place, the species and quantity 
of such goods, with the marks, numbers, and denominations of the casks or packages 
containing the same, shall be endorsed on the licence, and signed by the British consul 
at the port of lading, or if there be no British consul, by two known British 
merchants: 

(12.) Upon importation into the port of Douglas of any such goods, the licence for 
the same shall be delivered up to the collector or comptroller of that port. § 4. 

Application for licence. —Every application for licence to import 
any of the goods aforesaid shall be made in writing, and delivered, 
between 5th of May and 5th of July in each year, to the collector or 
comptroller of the port of Douglas ; and such application shall specify 
the date and the name, residence and occupation of the person apply¬ 
ing, and the description and quantity of each article for which such 
licence is required ; and all such applications with such particulars 
shall be entered in a book to be kept at the custom-house at the port 
of Douglas, and to be there open for public inspection during the 
hours of business; and on the 5th of July in each year such book 
shall be closed; and within fourteen days thereafter, the collector and 
comptroller shall make out and sign a true copy of such entries, specify¬ 
ing the applicants resident and the applicants not resident in the said 
isle, and transmit such copy to the governor and lieutenant-governor 
of the said isle. § 5. 

Governor to allot quantities. —Within fourteen days after the receipt 
of such copy, the governor or lieutenant-governor shall allot the whole 
quantity of each article, in the first place, among the applicants resi¬ 
dent in the said island; in case the whole quantity shall not have been 
applied for by residents, then shall allot the quantity not so applied 
lor among the non-resident applicants, in such proportions in all cases 
as he shall judge most equitable ; and shall cause a report thereon to 
be drawn up in writing, and sign and transmit the same to the lords 

* See Navigation Act, page 390. 

f See Regulation Act, page 458. 

| See Warehousing Act, page 609. 




67 8 


ISLE OF MAN. 


commissioners of the treasury of the United Kingdom, and shall cause 
a duplicate of such report so signed to be transmitted to the commis¬ 
sioners of customs. § 6. 

Commissioners of customs to grant licences. —Upon receipt of such 
duplicate report the commissioners of customs shall grant licences to 
continue in force for any period until the 5th of July next ensuing 
for the importation of the quantities allowed by law to be imported, 
with their licence, according to the allotments in such report, and 
dividing the whole portion allotted to any one applicant into several 
licences, as they shall be desired and see fit; and such licences shall 
be transmitted without delay to the collector and comptroller of Douglas, 
to be by them delivered to the applicants, after taking bond for the 
same under the provisions of this act. § 7. 

Before delivery of licences , bond to be given. —Previous to the deli¬ 
very of any such licences, the collector and comptroller of Douglas, 
shall take bond, with sufficient security for the importation of the 
articles for which the licences are granted, on or before the 5th of 
July succeeding the delivery of such licences, with such conditions, 
and for the forfeiture of such sums (not exceeding the whole amount 
of duties payable in Great Britain on articles similar to those specified 
in such licences) as the commissioners of customs shall think fit: 
Provided always, that if any person to whom such licence shall be 
granted, shall not have given such bond prior to the 5th of January 
next after the granting such licence, it shall be lawful for the governor 
or lieutenant-governor, if he see fit, to transfer such licence to any other 
person who shall be desirous to take up the same, and able to give such 
bond; and such transfer shall be notified by endorsement on the licence 
signed by such governor or lieutenant-governor. § 8. 

Counterfeiting licence. —If any person shall counterfeit or falsify any 
licence, or shall knowingly make use of any such licence so counterfeited 
or falsified, such person shall forfeit^ue hundred pounds. § 9. 

Licensed goods not to be re-exported. —It shall not be lawful to re¬ 
export from the Isle of Man any goods which have been imported 
with licence as aforesaid ;—and it shall not be lawful to carry any such 
goods coastwise from one part of the said isle to another, except in 
vessels of one hundred tons burthen,—and in the same packages in 
which such goods were imported ;—and it shall not be lawful to remove 
any wine from one part of the said isle to another, by and except in 
such packages or in bottles. § 10. 

Foreign goods. —It shall not be lawful to export from the Isle of 
Man to any part of the United Kingdom any goods which are of the 
growth, produce, or manufacture of any foreign country.* §11. 

Goods imported or exported contrary to law, forfeited. —If any 
goods shall be imported into—or exported from the Isle of Man ;—or 
carried coastwise ;—or shall be water-borne, or brought to any wharf or 
other place, with intent to be water-borne, to be so exported or 
carried;—or shall be removed by land within the said isle, contrary to 
any of the directions of this act; the same (and the packages) shall be 
forfeited, together with all ships, vessels, or boats, and all cattle and 
carriages used therein ; and every person offending shall forfeit for 
every such offence one hundred pounds, or the full amount of all duties 
which would be payable in respect of similar goods for home consump¬ 
tion in the United Kingdom, at the election of the commissioners of 
customs. § 12. 


* See page 458. 





ISLE OF MAN. 679 

Goods prohibited. —The several sorts of goods enumerated in the 
schedule hereinafter contained, denominated “ Schedule of Prohibi 
tions,” shall not be imported into the Isle of Man. § 13. 

Schedule of Prohibitions. 

Goods, the produce or manufacture of places within the limits of the United East- 
India company’s charter,—except from the United Kingdom: 

Cotton yarn, cotton cloth, linen cloth, glass manufactures, woollen manufactures,, 
unless bona fule laden in and imported directly from the United Kingdom : 

British distilled spirits : 

Spirits or strong waters, other than such as may and shall be imported with licence 
of the commissioners of the customs.* 

All goods prohibited to be imported into the United Kingdom to be used or con¬ 
sumed therein, on account of the sort or description of the same.f 

Limiting the quantity of spirits , tea, and tobacco , for use of sea¬ 
men. —If any decked vessel bound from the Isle of Man to any part 
of Great Britain or Ireland, shall have on board, for the use of the 
seamen,—any spirits exceeding the quantity of half a gallon for each 
seaman,—or any tobacco exceeding one pound weight for each seaman, 
—or any tea exceeding two pounds weight for the whole of the seamen 
on board;—or if any open boat bound from the Isle of Man to any 
port of Great Britain or Ireland, shall have on board for the use of the 
seamen—any spirits exceeding one quart for each seaman,—or any tobacco 
exceeding one half of a pound weight for each seaman,—or any tea ex¬ 
ceeding one pound weight for the whole of the seamen on board such 
boat, all such foreign spirits, tobacco, and tea respectively, together with 
the casks or packages containing the same, and also every such vessel 
or boat, together with all the guns, furniture, ammunition, tackle, and 
apparel thereof, shall be forfeited. § 14. 

Management of duties. —The duties of customs shall be levied 
under the direction and control of the commissioners of customs, 
and, except the necessary charges of levying the same, shall be brought 
and paid into the receipt of the exchequer distinctly from all other 
branches of the public revenue, and shall go to the consolidated fund : 
Provided always, that any of the collectors of customs of the said isle 
shall, agreeably to such directions as shall be given for that purpose 
by the commissioners of customs, retain such sum or sums in their 
hands as may be sufficient to defray the necessary expenses attending 
the government of the said Isle of Man and the administration of 
justice there, and other charges incurred in the said isle, which have 
heretofore been or may hereafter be deemed proper charges to be de¬ 
ducted from out of the duties, and also for the purpose of defraying any 
bounties that may be due upon herrings caught by the inhabitants of 
the said isle; and upon the amount of the said expenses, Charges and 
bounties being ascertained, the said commissioners are to direct the 
same to be paid out of the said monies so retained, to such persons as 
may be entitled to receive the same. § 15. 

There shall be provided and kept, by the receiver-general or col¬ 
lector of the duties of customs in the Isle of Man, books, in which the 
duties of customs payable within the isle shall be entered separate and 
under distinct heads. § 16. 

And the receiver-general or collector shall as soon after the expira¬ 
tion of each quarter, (ending on the 5th of January, the 5th of April, 


* See 9 Geo. IV. c. 76. § 27. page 681. 

t See Prohibitions, page 457 ; and see also Corn Laws, next Chapter. 



680 


ISLE OF MAN. 


the 5th of July, and the 10th of October in each year,) as the same can 
be done, make out an account of the gross produce of the duties in the 
preceding quarter, and shall transmit a duplicate of such account to the 
commissioners of the treasury, and another duplicate to the auditor of the 
exchequer, and another to the Duke of Atholl, or to the person entitled 
for the time being to any annuity out of the said consolidated fund, to 
be calculated on any amount of such duties; and if any such receiver- 
general shall refuse or neglect to make out such account, or to transmit 
such duplicates for the space of one month after the same can be done, 
such receiver shall forfeit two hundred pounds , and a further sum of 
two hundred pounds for every month succeeding for which he shall 
neglect to make out such account, to be recovered in any court at 
Westminster; and every such penalty shall go to the use of the said 
Duke of Atholl, or the person entitled to as aforesaid. § 17. 

7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs . 

Power to fix rate of rent in the King’s warehouse. —It shall be lawful 
for the commissioners of his Majesty’s treasury of the United Kingdom, 
or the commissioners of his Majesty’s customs, by warrant or order 
under their hands respectively, to fix the amount of warehouse rent to 
be paid for any goods taken to and secured in any of the King’s ware¬ 
houses in the Isle of Man, for the security of the duties thereon, or to 
prevent the same from coming into home use. § 9. 

Cofifee imported into the Isle of Man. —It shall be lawful to export 
from the United Kingdom to the Isle of Man,—and to import into the 
Isle of Man direct from the United Kingdom,—without the licence of 
the commissioners of the customs—any quantity of coffee of the British 
plantations upon which the duty payable in the United Kingdom shall 
have been paid ;*—and that a drawback of fourpence for every pound of 
such coffee shall be allowed upon the exportation thereof. §11. 

Distillation of low wines and spirits in the Isle of Man prohibited. 
—No low wines or spirits shall be made, extracted, or distilled in the 
Isle of Man from any materials whatever;—and if any person shall 
make, extract, or distil,—or cause or procure to be made, extracted, or 
distilled,—any low wines or spirits from any material whatever,—or 
shall use or mix,— or cause or procure to be used or mixed,-—any 
materials whatever with any worts or wash, in order to the making, 
extracting, or distilling of low wines or spirits,—or shall put or lay,— 
or cause or procure to be put or laid—in any vessel or utensil, any 
materials whatever for the purpose of preparing any worts or wash, or 
for making, extracting, or distilling low wines or spirits in the Isle of 
Man,—then and in each and every of the said cases every such person, 
(and also every person in whose custody or possession shall be found 
any vessel or utensil made use of contrary to the intention of this act,) 
shall respectively, for every such offence, forfeit and pay the sum of 
two hundred pounds; —and all such materials,—and such worts and 
wash, low wines and spirits,—and such vessels or utensils so made use 
of,—shall be forfeited ,—and shall and may be seized by any officer of 
the customs—and all such penalties and forfeitures shall be sued for 


* Roasted coffee. British plantation coffee roasted to have the drawback.—Trea¬ 
sury Order, ‘25th May, 1827. 



681 


ISLE OF MAN. 

and prosecuted as any penalty or forfeiture relating to the customs 
may be sued for and prosecuted under an act passed in the last session 
of parliament, intituled “ An Act for the prevention of smuggling.”* 

7 and 8 Geo. IV. c. 56. 

An Act to amend the Laws relating to the Customs. 

Prohibitions repealed .—So much of the act, 6 Geo. IV. c. 107. § 52. 
Regulation , (page 459) as prohibits the importation of beef or pork 
salted, (not being beef or pork commonly called corned beef or porfc ,)— 
and also so much of the said act as prohibits the importation of cattle, 
—sheep,—swine,—beef,—lamb,—mutton,—or pork,—from the Isle of 
Man, being the produce of that island, are hereby repealed. § 3. 

9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Prohibited goods and foreign materials .—No goods which are pro¬ 
hibited to be imported into the United Kingdom from foreign countries 
shall be imported from the Isle of Man, although the manufacture of 
that island, if the materials of which such goods be made are the pro¬ 
duce of any foreign country. § 5. 

*£* This will extend to Corn. 

Spirits imported into the Isle of Man .—Whereas the 6th Geo. IV. 
c. 115. was passed for regulating the trade of the Isle of Man, and it is 
expedient to amend the same ; it is therefore enacted, that no spirits or 
strong waters shall be imported into the Isle of Man other than such 
and so much as may and shall be imported with the licence of the com¬ 
missioners of customs under the provisions of the said act;—and that 
this prohibition shall be obeyed and enforced in like manner as if the 
same were set forth in a certain schedule contained in the said act, and 
denominated “ Schedule of Prohibitions:”—provided, that it shall be 
lawful for the said commissioners to grant leave from time to time for 
the importation into the said island, in reasonable quantities, of Per- 
fun ed or Medicinal Spirits. § 27. 

Certificate for goods the produce of the Isle of Man .—Before any 
goods shall be shipped in the Isle of Man for exportation to the United 
Kingdom as being the produce or manufacture of that island, proof 
shall be made by the written declarationf of some competent person,' (to 
the satisfaction of the collector and comptroller of the customs at the 
port of shipment,) that such goods, (describing and identifying the 
same,) are the produce or the manufacture, (as the case may be,) of the 
said island ;—and in such declaration shall be stated the name of the per¬ 
son by whom such goods are intended to be entered and shipped,—and 
such person at the time of entry (not being more than one month after 
the date of such declaration) shall make declaration before such collector 
or comptroller that the goods to be shipped in virtue of the entry are the 
same as are mentioned in such declaration ;—and thereupon the collector 
and comptroller shall, on demand, give to the master of the ship in 
which the goods are to be exported a certificate of such proof of produce 
or of manufacture having been made in respect of such goods, (de- 


* 6 Geo. IV. c. 108. Part II. c. 3. 

t Written declarations arc now required in lieu of oaths. Seel and 2 Wm. IV. 
page 436. 



682 


ISLE OF MAN. 


scribing the same, and setting forth the name of the exporter and of the 
exporting ship, and of the master thereof, and the destination of the 
goods,)—and such certificate shall be received at the port of importa¬ 
tion in the United Kingdom instead of the certificate of the governor, 
lieutenant-governor, or commander-in-chief of the said island required 
by § 39 of 6 Geo. IV. c. 107. § 28. 

*** For the granting certificates of landing of Bounty or Drawback 
goods in the Isle of Man, see 6 Geo. IV. c. 107. § 87. page 468. 

1 and 2 Wm. IV. c. 16. 

An Act to discontinue or alter the Duties of Customs Upon Coals, Slates, 
Cotton Wool, Barilla, and Wax . 

Whereas it is expedient that the duties of customs upon coals, slates, 
&c. should be discontinued or altered in manner herein-after provided : 
Be it enacted, that so much of any act as imposes any duty of customs 
payable for the use of'his Majesty upon coals, culm, or cinders imported 
from the United Kingdom into the Isle of Man, &c. shall be, and the 
same is hereby repealed. § 1. 

9 Geo. IV. c. 18.* 

An Act to repeal the Stamp Duties on Cards and Dice made in the 
United Kingdom, and to grant other Duties in lieu thereof, and to 
amend and consolidate the Acts relating to such Cards and Dice, on 
the exportation thereof 

No cards to be exported into or used in the Isle of Man unless stamped 
for such island, or for use in the United Kingdom, fyc. —It shall not be 
lawful for any person to put on board any vessel for exportation to the 
Isle of Man,—or to import into or use in that island, any playing cards, 
unless in packs (each containing an ace of spades stamped or marked 
with the stamp or device appointed by the commissioners of stamps for 
cards intended for use in the Isle of Man, in the manner by this act 
directed,) or an ace of spades duly stamped or marked for sale or use in 
the United Kingdom ;—and all playing cards not being in such packs, 
which shall be put on board,—or shall be brought to any wharf or 
place to be put on board—any vessel for exportation to the Isle of Man 
—or which shall be imported into or found in the Isle of Man,—shall 
he forfeited; —and all playing cards which, having been duly put on 
board,—or brought to any wharf to be put on board,—any vessel for 
exportation to the Isle of Man,—or having been duly imported into or 
found in the Isle of Man,—shall be relanded or found in any other part 
of the United Kingdom,—except for the purpose of shipping the same 
under the regulations of this act,—shall also be forfeited ;—provided 
that nothing in this act shall alter or affect any thing respecting the ex¬ 
portation of playing cards to the Isle of Man, contained in 6 Geo. IV. 
c. 115. § 32. 

See further Smuggling Act, page 400 et supra 414. 


* The act will be found at page 489. 




ISLE OF MAN. 


683 


2 and 3 Win. IV. c. 84. 

An Act to amend the Laws relating to the Customs. (3 Aug. 1832.) 

Rum imported into the Isle of Man to he charged with duty accord¬ 
ing to its strength. —And whereas by the 6 Geo. IV. c. 115. Rum of the 
British plantations is permitted to be imported into the said island, by 
license of the commissioners of customs, at a duty of three shillings per 
gallon, and it is expedient to amend the same, so that the duty should 
be governed by the degrees of strength; be it therefore enacted, that 
from the passing-of this act Rum of the British plantations, imported 
into the Isle of Man under the license of the commissioners of customs, 
shall be charged with a duty of three shillings for every gallon of such 
Rum of any strength not exceeding the strength of proof by Sykes’s 
hydrometer, and so in proportion for any greater strength than the 
strength of proof, and for any greater or less quantity than a gallon. 
§61. 


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smsa oiii ■giiiii •^ai cpite drti lo idJemn srfi t oqowH. V) Jim noiaasaaoq 







CORN LAWS. 


CS5 


CHAPTER XI. 


CORN LAWS. 

9 Geo. IV. c. 60. 

An Act to amend the Laws relating to the Importation of Corn. 

Repeal of acts. —The 55 Geo. III. c. 26,—3 Geo. IV. c. 60,—and 7 
and 8 Geo. IV. c. 58, repealed : provided, that all acts or parts of acts, 
which by virtue of those acts, or either of them, were repealed, shall 
remain repealed : provided also, that all actions, suits, and prosecutions, 
now depending, or hereafter to be brought for or by reason of any 
breach or nonperformance of any of the provisions of those acts, or for 
the recovery of any duties or sums payable under the same, shall and 
may be proceeded with, as fully and effectually to all intents and pur¬ 
poses, as if this act had not been made. § 1. 

Repeal. —So much of 6 Geo. IV. c. Ill, intituled “An Act for 
granting Duties of Customs/’ as imposes duties on the importation of 
Buck Wheat and Indian Corn repealed. § 2. 

Foreign corn may be imported on payment of the duties specified in 
the table annexed to this act. —Whereas it is expedient that corn, grain, 
meal, and flour, the growth, produce, and manufacture of any Foreign 
Country,—or of any British possession out of Europe,—should be allowed 
to be imported into the United Kingdom for consumption, upon the 
payment of duties to be regulated from time to time according to the 
average price of British corn made up and published in manner herein¬ 
after required; be it enacted, that there shall be levied and paid to his 
Majesty, upon all corn, grain, meal, or flour entered for home consump¬ 
tion in the United Kingdom from parts beyond the seas, the several 
duties specified and set forth in the table annexed to this act;—and that 
the said duties shall be raised, &c. in the same manner in all respects 
as the several duties of customs mentioned in the table of duties of 
customs inwards annexed to the said act, 6 Geo. IV. c. Ill, and by 
virtue and in pursuance of the powers and provisions in that act 
contained, and not otherwise. § 3. 

Regulations to be observed upon shipping corn from any British pos¬ 
session out of Europe—regulations as io corn entered for importation , 
—Provided, that no corn, grain, meal, or flour, shall be shipped from 
any port in any British possession out of Europe, as being the produce 
of any such possession, until the owner, proprietor, or shipper thereof 
shall have made and subscribed, (before the collector or other chief 
officer of customs at the port of shipment,) a declaration in writing, 
specifying the quantity of each sort of such corn, grain, meal, or flour, 
and that the same was the produce of some British possession out ot 
Europe to be named in such declaration, nor until such owner, proprie¬ 
tor, or shipper shall have obtained from the collector or other chief 
officer of the customs at the said port a Certificate, under his signature, 
of the quantity of corn, grain, meal, or flour, so declared to be shipped.— 
And before any corn, grain, meal, or flour shall be entered at any port 
or place in the United Kingdom, as being the produce of any British 
possession out of Europe, the master of the ship importing the same 



686 CORN LAWS. 

shall produce and deliver to the collector or other chief officer of 
customs of the port or place of importation a copy of such declaration, 
certified to be a true and accurate copy thereof under the hand of the 
collector and other chief officer of customs at the port of shipment before 
whom the same was made, together with the certificate, signed by the 
said collector, or other chief officer of customs, of the quantity of corn 
so declared to be shipped ;—and such master shall also make and sub¬ 
scribe, before the collector or other chief officer of customs at the port 
or place of importation, a declaration in ^writing, that the several quan¬ 
tities of corn, grain, meal, or flour on board such ship, and proposed to 
be entered under the authority of such declaration, are the same that 
were mentioned and referred to in the declaration and certificate pro¬ 
duced by him, without any admixture or addition.—And if any person 
shall, in any such declaration, wilfully and corruptly make any false 
statement respecting the place of which any such corn, grain, meal, or 
flour was the produce, or respecting the identity of any such corn, grain, 
meal, or flour, such person shall forfeit one hundred pounds, —and the 
corn, grain, meal, or flour shall also be forfeited; —and such forfeitures 
shall and may be sued for, prosecuted, recovered, and applied in the 
same manner, in all respects, as any forfeiture incurred under 6 Geo. IV. 
c: 111 : Provided, that the declarations aforesaid shall not be required, 
in respect of any corn, grain, meal, or flour which shall have been 
shipped within three months next after the passing of this act. § 4. 

Malt, and certain ground corn, not to be imported —It shall not be 
lawful to import, from parts beyond the seas into the United Kingdom, 
for consumption there, any Malt,—or to import, for consumption, into 
Great Britain, any Corn ground, (except wheat meal, wheat flour, and 
oatmeal;)—< or to import, for consumption, any corn ground into Ireland ; 
and if any such article as aforesaid shall be imported contrary to the 
provisions aforesaid, the same shall be forfeited. § 5. 

Account of corn and flour imported, duties paid, and quantity in 
warehouse, to be published in Gazette monthly. —The commissioners of 
his Majesty’s customs shall, once in each calendar month, cause to be 
published in the London Gazette an account of the total quantity of 
each sort of the corn, grain, meal, and flour respectively, which shall 
have been imported into the United Kingdom ;—and also an account of 
the total quantity of each sort of the corn, grain, meal, and flour re¬ 
spectively, upon which the duties of importation shall have been paid 
in the United Kingdom during the calendar month next preceding ;— 
together with an account of the total quantity of each sort respectively 
remaining in warehouse at the end of such next preceding* calendar 
month. § 6. 

If any foreign state shall subject British Vessels, Goods, fyc. to any 
higher duties or charges than are levied on the vessels, Sfc. of other coun¬ 
tries, his Majesty by order in council may prohibit the importation 
of corn from such state. —If it shall be made to appear to his Majesty 
in council that any foreign state or power hath subjected British vessels 
at any port within the dominions of such state or power to any other 
or higher duties or charges than are levied on national vessels at any 
such port,—or hath subjected at any such port goods the growth, produce, 
or manufacture of any of his Majesty’s dominions, when imported 
from any of such dominions in British vessels, to any other or higher 
duties or charges whatever than are levied on such or the like goods, of 
whatever growth, produce, or manufacture, when so imported in national 
vessels,—or hath subjected at any port or place within the dominions of 


CORN LAWS. 


687 


such foreign state or power any article of the growth, produce, or manu¬ 
facture of his Majesty’s dominions, when imported from any of such 
dominions in British vessels or in national vessels, to any duties or 
charges which would not be payable on the like article being of the 
growth, produce, or manufacture of any other country, and imported 
from such other country in national vessels ;—or that any such foreign 
state or power hath granted any bounties, drawbacks, or allowances 
upon the exportation from any port or place within the dominions 
thereof of any articles the growth, produce, or manufacture of the 
dominions of any other foreign state or power, which hath not also been 
granted upon the exportation from such port or place of such or the 
like articles being the growth, produce, or manufacture of his Majesty’s 
dominions;—then it shall be lawful for his Majesty, by any order or 
orders to be by him made, with the advice of his privy council, to pro¬ 
hibit the importation of all or of any sort of corn, grain, meal, or flour 
from the dominions of any such foreign state or power; and it shall 
also be lawful for his Majesty from time to time, with the advice of his 
privy council, to revoke and to renew any such order or orders. § 7. 

The remaining sections relate to the appointment of inspectors and 
comptrollers of eorn returns , and the ascertaining fyc. from time to time 
the average prices of British corn , to regulate the amount of the duties. 

Average prices to be made up and published every week. —The average 
prices of all British corn, by which the rate and amount of the said 
duties shall be regulated, shall be made up and computed on Thursday 
in each week, in manner following; that is to say—The comptroller of 
corn returns shall on Thursday in each week, from the returns received 
by him during the week next preceding, ending on and including the 
Saturday in such preceding week, add together the total quantities of 
each sort of British corn respectively appearing by such returns to have 
been sold, and the total prices for which the same shall thereby appear 
to have been sold, and shall divide the amount of such total prices 
respectively by the amount of such total quantities of each sort of 
British corn respectively, and the sum produced thereby shall be added 
to the sums in like manner produced in the five weeks immediately 
preceding the same, and the amount of such sums so added shall be 
divided by six, and the sum thereby given shall be deemed and taken 
to be the aggregate average price of each sort of British corn re¬ 
spectively, for the purpose of regulating and ascertaining the rate and 
amount of the duties under this act; and the said comptroller shall 
cause such aggregate weekly averages to be published in the next 
succeeding Gazette, and shall on Thursday in each week transmit a 
certificate of such aggregate average prices to the collector or other 
chief officer of the customs at each of the several ports of the United 
Kingdom ; and the rate and amount of the duties to be paid under 
the provisions of this act shall from time to time be regulated and 
governed at each of the ports of the United Kingdom respectively by 
the aggregate average prices of British corn at the time of the entry for 
home consumption of any corn, grain, meal, or flour chargeable with 
any such duty, as such aggregate average prices shall appear and be 
stated in the last of such certificates as aforesaid, which shall have been 
received as aforesaid by the collector or other chief officer of customs 
at such port. § 30. 

By section 47, this act is not to affect the practice of measuring corn , 
8fc. in, or the privileges of the city of London.—Section 48 is for the 
limitation of actions , fyc. 


CORN LAWS. 


688 

TABLE of DUTIES to which this Act refers. 

IF IMPORTED FROM ANY FOREIGN COUNTRY 

Wheat :— 

-Whenever the average price of Wheat, made up and published in 

manner required by law, shall be 62s. and under 63s. the quar¬ 
ter, the duty shall be for every quarter. 

-Whenever such price shall be 63s. and under 64s. the quarter .... 

• -Whenever such price shall be 64s. and under 65s. the quarter .... 

-Whenever such price shall be 65s. and under 66s. the quarter .... 

-Whenever such price shall be 66s. and under 67s. the quarter .... 

-W henever such price shall be 67s. and under 68s. the quarter .... 

-Whenever such price shall be 68s. and under 69s. the quarter .... 

-Whenever such price shall be 69s. and under 70s. the quarter .... 

-Whenever such price shall be 70s. and under 71s. the quarter .... 

-Whenever such price shall be 71s. and under 72s. the quarter .... 

-Whenever such price shall be 72s. and under 73s. the quarter .... 

-Whenever such price shall be at or above 73s. the quarter ....... 

-Whenever such price shall be under 62s. and not under 61s. the 

duty shall be for every quarter. 

.And in respect of each integral shilling, or any part of each 

integral shilling, by which such price shall be under 61s. such 
duty shall be increased by one shilling. 

Bari.ey 

-Whenever the average price of Barley, made up and published in 

manner required by law, shall be 33s. and under 34s. the quarter, 

the duty shall be for every quarter. 

.And in respect of every integral shilling by which such price 

shall be above 33s. such duty shall be decreased by Is. 6c/. until 
such price shall be 41s. 

-Whenever such price shall be at or above 41s. the quarter. 

-Whenever such price shall be under 33s. and not under 32s. the duty 

shall be for every quarter .. 

.And in respect of each integral shilling, or any part of each 

integral shilling, by which such price shall be under 32s. such 
duty shall be increased by 1 s. 6c/. 

Oats 

-Whenever the average price of Oats, made up and published in 

manner required by law, shall be 25s. and under 26s. the quarter, 

the duty shall be for every quarter . 

.And in respect of every integral shilling by which such price 

shall be above 25s. such duty shall be decreased by Is. 6c/. until 
such price shall be 31s. 

-Whenever such price shall be at or above 31s. the quarter. 

-Whenever such price shall be under 25s. and not under 24s. the duty 

shall be for every quarter ........’. 

.And in respect of each integral shilling, or any part of each 

integral shilling, by which such price shall be under 24s. such 
duty shall be increased by Is. 6c/. 

Rye, Peas, and Beans :— 

-Whenever the average price of Rye, or of Peas, or of Beans, made 

up and published in manner required by law, shall be 36s. and 

under 37s. the quarter, the duty shall be for every quarter. 

.And in respect of every integral shilling by which such price 

shall be above 36s. such duty shall be decreased by Is. 6c/. until 
such price shall be 46s. 

• -"Whenever such price shall be at or above 46s. the quarter. 

-Whenever such price shall be under 36s. and not under 35s. the 

duty shall be for every quarter... 

.And in respect of each integral shilling, or any part of each 

integral shilling, t by which such price shall be under 35s. such 
duty shall be increased by Is. 6 d. 

Wheat Meal and Flour :— 

■ ■ - For every barrel, being 196 pounds :—a duty equal in amount to 

the duty payable on 38^ gallons of Wheat. 

Oatmeal :— 

-For every quantity of 181 \ pounds :—a duty equal in amount to 

the duty payable on a quarter of Oats. 


£. s. d. 


1 4 8 
1 3 8 

1 2 8 
1 1 8 
1 0 8 
0 18 8 
0 16 8 
0 13 8 

0 10 8 
0 6 8 
0 2 8 
0 1 0 

1 5 8 


0 12 4 


0 1 0 
0 13 10 


0 9 3 


0 1 0 
0 10 9 


0 15 6 


0 1 0 
0 16 9 












































CORN LAWS. 


689 

£. s. d. 


Maize on Inman Coen, Buck Wheat, Beer or Bigg :— 

*-For every quarter :—a duty equal in amount to the duty payable on 

a quarter of Barley. 

IP THE PRODUCE OF AND IMPORTED FROM ANY BRITISH POSSESSION IN 
NORTH AMERICA, OR EI.SEWHERE OUT OF EUROPE I- 


Wheat :— 

-For every quarter. 0 5 0 

.Until the price of British Wheat, made up and published in 

manner required by law, shall be 67s. the quarter. 

-Whenever such price shall be at or above 67s. the quarter. 0 0 6 

Barley J 

-For every quarter. 0 2 6 

.Until the price of British Barley, made up and published in 

manner required by law, shall be 34s. the quarter. 

-Whenever such price shall be at or above 34s. the quarter. 0 0 6 

Oats :— 

-For every quarter. 0 2 0 

.Until the price of British Oats, made up and published in 

manner required by law, shall be 25s. the quarter. 

-Whenever such price shall be at or above 25s. the quarter... 0 0 6 

Rye, Peas, and Beans :— 

-For every quarter. 0 3 0 

.Until the price of British Rye, or of Peas, or of Beans, made 

up and published in manner required by law, shall be 41s. 

-Whenever such price shall be at or above 41s. the quarter. 0 0 6 

Wheat Meal and Flour • 

• . - For every barrel, being 196 pounds :—a duty equal in amount to 

the duty payable on 38* gallons of Wheat. 

Oatmeal :— 


-For every quantity of 181^ pounds :—a duty equal in amount to 

the duty payable on a quarter of Oats. 

Maize or Indian Corn, Buck Wheat, Beer or Bigg 

-For every quarter :—a duty equal in amount to the duty payable on 

a quarter of Barley. 


9 Geo. IV. c. 76. 

An Act to amend the Laws relating to the Customs. 

Prohibited goods from Guernsey, fyc. —No goods which are prohibited 
to be imported into the United Kingdom from Foreign Countries shall be 
imported from any of the islands of Guernsey, Jersey, Alderney, Sark, 
or Man, although the manufacture of any of those islands, if the mate¬ 
rials of which such goods be made are the produce of any foreign 
country;—and this prohibition shall be obeyed and enforced in like 
manner as if the same were set forth in a certain Table contained in 
the act for the general regulation of the customs, and denominated 
“A Table of Prohibitions and Restrictions Inwards.” § 5. 

Corn, tyc. to be warehoused under the general warehousing acts .— 
All corn, grain, meal, or flour, or other ground corn, may be imported 
into the United Kingdom to be warehoused under the regulations of 
the 6 Geo. IV. c. 112, or of any act in force for the time being, made 
for the warehousing of goods, without payment of duty at the time of 
the first entry thereof, or notwithstanding that such goods may be 
prohibited to be imported for home use. § 15. 

By Order dated 6th August, 1828, Corn may be Warehoused at all 
Ports already approved of. 

2 Y 


























690 


CORN LAWS. 


Corn Trade. 

Several vessels laden with Corn having been put out of their course 
by reason of the regulations respecting Quarantine, and such delay 
having occasioned them to arrive at their port of destination after a 
new weekly average had been made, Mr. Spring Rice, by letter dated 
25th June, 1831, directed the Commissioners of the Customs, to instruct 
the quarantine officers to put upon their certificates the exact day and 
hour when such vessels arrived at the quarantine station ;—and that the 
merchants, importer, or consignee of the Corn shall have the privilege 
of entering the Corn for the duty, payable according to the average in 
force at the time when the certificate of the quarantine officers bears 
date,—or from the warehouse,—in like manner, as if the vessel had ar¬ 
rived at the port of discharge, and the master been enabled to make a 
report of his cargo. 








ID 


:JJ; 




OF THE COAL-TRADE. 


591 


CHAPTER XII. 

ft 


OF THE COAL TRADE, AND ACCOUNTS PROPER 
THEREIN. 

Accounts proper in the Coal-Trade . 

The Coal-trade is carried on in a different way, by shipping, from any 
other trade; for, in general, the owners of ships seek employment by 
freighting them to merchants ; and they have no concern or interest 
in the cargo farther than that of safely carrying it to its destined port; 
but, in the coal-trade, the two characters of merchant and ship-oicner 
are united; they may make themselves liable to all the chances of rise 
or fall of markets, of the repute or disrepute of the particular sort of 
coals which the ship happens to have in; of the plenty or scarcity of 
coals at market; and, too frequently, instead of making a profit in each 
of the separate characters of merchant and ship-owner, they find that 
the expenses of the voyage absorb all the money received for the coals, 
and that an absolute loss takes place by the adventure. 

That this is the case is well known by all that have been concerned 
in it; that it should so continue, arises from the coal-trade being almost 
the only one where the ship-owner can, on his small capital, and by 
the variety of acts of parliament passed to make the trade free and open, 
take on himself the united characters of merchant and ship-owner; 
and thus the surplus of the carrying-trade finds its way into this, when 
all others fail or are fully supplied. 

But, beside this, the business of a merchant is carried on by sys¬ 
tem ; he diligently makes inquiry as to the annual demand for the 
article, the quantity in hand, and what is likely to be imported by 
others; and, from his large capital, he is enabled to keep the goods 
until better prices can be obtained. These are not attended to in the 
coal-trade; it is a fluctuating article of demand, varies with every 
change of wind; and the ship-owner, having a valuable property and 
daily-increasing expenses in his ship, can neither study the markets, 
nor, from his small capital and heavy expenses, speculate against the 
time when the demand for the article may take place. But this is not 
all; his habits of life do not lead him to manage his accounts on 
system, or discriminate where the gain or loss happens : he takes his 
chance of the market, be it high or low; and the actual examination 
of the cash in his pocket, at the end of his voyage, has been formerly 
known to be the only criterion by which he judged of his profits. 
Where accounts are kept, the whole is consolidated into one, without 
discrimination of what arises from freight made of the coals, or what 
are the expenses of the ship. To lay the first step towards so neces¬ 
sary a separation of accounts is attempted in the following instance, 
taken from an actual voyage in the coal-trade, at one of the prices 
subsequently given:— 



<59 2 


OF THE COAL-TRADE. 


Prime Cost , Duties, Expenses , «/jc? Freight, made on 
from Newcastle into London. 

Coals imported 



£. 

s. 

d. 

£. 

s. 

d. 

No. 

Prime Cost at Newcastle. 







1 

To 15 keels, or 120 Newcastle chaldrons, 








of best coals; viz. Bell and Brown’s, 








T. and R. Brown’s, Bewickeand Cras- 








ter’s, Riddell’s or Russell’s Wall’s 








End, at 31s. per Newcastle chaldron 

204 

0 

0 




2 

To 15 keel, or lighter dues, at 13s.,4<i. 








per keel. 

10 

0 

0 




3 

To beer and bread money, at 3s. 1 Or/. 








per keel. 

2 

17 

6 




4 

To coast-duty, at Is. per chaldron .... 

6 

0 

0 




5 

To coast-lights, at 8 d. per chaldron . . . 

4 

0 

0 




6 

To Spurn-light, Id. and Bridlington- 








pier, \d. per chaldron. 

0 

12 * 

6 




7 

To corporation of Newcastle town’s 








dues, at 2c?. per chaldron. 

1 

0 

0 




8 

To Shield’s new-light, ^d. per ton .... 

0 

10 

0 




9 

To Low-light, 2s. 2d. cocket and bond, 








3 s.6d., clerk’s fee, 5s., stamp for bill, 5s. 

0 

15 

s - 




10 

To insurance, ,£232 10s. on cargo at one 








guinea per cent, policy 7s. 10 d, . 

2 

16 

8 









232 

12 

4 


Duties , fyc. at London. 







il 

To clerk’s fee, 2s. 6d., lights entry and 








Trinity-dues, 15s. 6d . 

0 

18 

0 




12 

To metage on 296 tons, at Is. per ton 

14 

16 

0 




13 

To petty expenses. 

0 

12 

6 




14 

To discount, scorage and stamp on note 








allowed the buyer. 

7 

11 

0 




15 

To factor’s commission 10s. per cent.. 


■ 






guaranty or del credere commission. 








10s. per cent. 

5 

l 

0 




16 

To undertaker’s bill for delivering the 








cargo . 







17 

To dock dues. 







18 

To tons of ballast. 












28 

18 

6 

19 

To balance remaining, being the freight 








made by the ship, and for the import¬ 








er’s profit. 




245 

7 

2 






506 

18 

0 

>0 

By sale of 296 tons of coals, delivered 








at 34s. 3c?. per ton. 




506 

18 

0 






£ 0 

0 

0 





































OF THE COAL-TRADE. 


693 


Remarks on the preceding Account. 

1. —The Newcastle chaldron is to weigh 53 cwt. 

2. —Keels are craft employed to bring* coals from the staiths or 
wharfs to the ships : they carry eight Newcastle chaldrons, or 21 tons 
4 cwt., and have marks on the stem and stern to ascertain the weight 
of coals in them ; and the charge is the same to the importer, viz. 
13s. id. per keel, though the distance is various, some staiths being 
within two miles, and others fourteen, from the ships. 

3. —The keels are navigated by three men and a boy, who are allowed 
Is. Ad. each trip for beer, and 2s. 6d. for bread; this charge is some¬ 
times paid by the ship, when freighted with coals, out of the freight, 
but this is only by virtue of a special agreement. 

4. —The duty, called coast-duty, was originally 2d. per chaldron, 
payable to the crown ; its origin is not known ; but it is recognised in 
the oldest statute in which coals are mentioned, viz. 9 Hen. V. cap. 10. 
A. D. 1422. In 1677, King Charles II. granted it to his natural son, 
Charles Duke of Richmond and Lennox, and to his heirs ; but it was 
purchased by government in 1800, under the sanction of parliament, 
from the then Duke of Richmond. 

5. —The coast-lights amount to about 8 d. per chaldron. In the coal- 
trade, when ships are freighted, the freighter pays all lights, and the 
ship all pilotage. 

6. —The Spurn-lights were granted by charter from the crown, and 
are in private hands. Bridlington, or Burlington-Pier, is by act of 
parliament, and the amount received is expended on repairing and 
improving the pier and harbour. 

7. —These dues were claimed and paid for many years, at the rate of 
5 d. per chaldron ; but the right has been proved to be only after the 
rate of 2d. Newcastle freemen are exempted, as are London freemen 
also; but doubts are held, whether residence in London be not essen¬ 
tial also, to entitle the latter to the privilege. 

The corporation of Newcastle have dues on ballast: but this is a 
charge on the ship only. 

8. —This is to defray the expense of the new Lights at Shields, and 
is Jd. per register ton of the ship, or about J d. per chaldron: a ship 
carrying as many chaldrons of coals as she is tons by register. 

9. - 

10. —Assurance is not usually made on cargoes of coals ; but, whether 
the importer be his own underwriter or not, it is a charge which should 
be made on the article : and from want of attention on this point, it 
is likely that ship-owners, in this and other trades, injure themselves, 
by not separating the gains of freight and assurance. It is therefore 
here inserted. 

11. —The market dues at London were granted by act of 47 Geo. 

III. § 2. c. 68., and are repaid by the buyer; but that act being now 
repealed, they are payable under the 1 and 2 Wm. IV. c. 76. local. 

12. —Metage is paid to the corporation of London for measuring 
coals, &c. and is repaid by the buyer. Orphans’ duty, 6d. per chal¬ 
dron, is paid likewise to the corporation, and is appropriated by 
act of parliament, 44 Geo. III. c. 27. local, till 5 July, 1837, for 
completing Blackfriars Bridge, rebuilding Newgate, repairing the 
Royal Exchange, embanking part of the north side of the river Thames, 
paving the streets of Westminster and Southwark, widening Snow- 



694 OF THE COAL-TRADE. 

hill, and improving the avenue near Temple-bar. Screened coals and 
ashes are exempted from the orphans’ duty of Qd. per chaldron by 
6 Geo. IV. c. 111. § 28. for which see the Duties of Customs. 

The duty on coals, water-borne, was originally 5s. per chaldron 
throughout the kingdom, till the reign of queen Anne, when a local 
tax, of 3s. more per chaldron, was imposed on all coals brought into 
the port of London, to pay the interest of <£1,750,000 borrowed at 4 
per cent, and applied to the building fifty new churches, and completing 
St. Paul’s cathedral. 

The extra duty, on the import of coals, being then about equal to 
the payment of the interest only, the prospect of repaying the capital 
was so distant, that a subsequent act carried the debt to the funded 
debt of the country, and the interest was directed to be paid out of the 
Consolidated Fund. The last duty payable was by 6 Geo. IV. c. 111. 
(6s. per chaldron), but that was repealed by 1 and 2 Win. IV. c. 16. 
from 1 January, 1832. 

13. —These charges include receipt stamps to the buyers of the 
cargo. 

14. —The discount and scorage are allowed to the buyer, by virtue 
of the usual agreement, for sale of Newcastle best coals, which is as 
follows:— 

London , 1826. 

We, whose names are hereunto subscribed as buyers, have this day 
severally bought of A. B., factor for C. D., owner or master of the 
ship E., the several parts or proportions of the cargo or loading of 
Wall’s-End coals, now on board the said ship, which are annexed and 
opposite our respective signatures, (the whole cargo or loading being 
computed to be tons,) at , with 

metage and market dues, to be severally taken and received by us, 
respectively, from and out of the said ship, at and after the rate of 
tons per day, and to be paid for by us severally, according 
to our respective proportions, on delivery of the same, viz. one-third 
value in cash; one-third in a note of sixty days, dated on the next 
market-day after the delivery, payable to the order of A. B.; and the 
remaining one-third on the fourth market-day after the said delivery. 
And we, the buyers, further severally agree to fix among ourselves the 
turns which we shall respectively take in working the said cargo, he 
or they, whose turn shall happen to be last, taking the full residue of 
the cargo, be the same more or less than the computation. And we 
severally hold ourselves liable to any loss or demurrage in case of 
detention occasioned by not fixing our respective turns as aforesaid. 

15. —The factor’s usual commission is 10s. per cent, and he is 
generally allowed 10s. more for del credere , or guaranty of the buyer; 
but whether this be paid or not, the importer should reckon it, if he 
run the risk of bad debts himself. 

16. —The undertaker’s bill being sometimes paid by the factor, and 
charged in his account, is apt to be reckoned as charges on the coals; 
whereas it is a charge upon the ship, and must be paid from her freight, 
as also the trimming of the coals in loading. 

17. —Dock dues are raised by virtue of the 39 Geo. III. c. 69. local , 
(the West India Dock Act,) and the 39 and 40 Geo. III. c. 47. local , 
(London Dock Act.) 

The money raised under this head of dock-dues does not go to the 
dock proprietors, but for compensations to the legal quays and suffer- 


OF THE COAL-TRADE. 695 

ance-wharfs, the lightermen, carmen, porters, &c. who may suffer by 
the new system of docks; and, more particularly, to the purchasing of 
all the chains and moorings on the river; which are afterwards to be 
used gratis. It is on this last ground determined to fall upon the ship 
in coal voyages. 

18. —Ballast is a charge on the ship also. 

19. —This balance is the fund whence the freight must be paid, and 
the importer derive his profit for employment of his capital and risk. 

20. —This ship is taken as an example, as being the medium size 
(between ten and twenty keels) of ships generally using the London 
market. Suppose the number of cargoes to be 5501, and the quantity 
of coals 1,117,034 T 2 ^ chaldrons, it gives only 203 chaldrons average 
for each ship. 

The delivery is estimated at eight Newcastle chaldrons (or a keel) 
making out 15 J London chaldrons. 

The foregoing remarks having explained the supposed prime cost, 
expenses, and freight, made by coals imported from Newcastle to Lon<* 
don, with the particulars whence derived, and marking the distinction 
between those charges which are really on the coals, (and should be 
paid by the freighter of a ship when that occurs) and those which the 
ship-owner has to pay out of the freight he makes. The following 
blank sketch of the usual expenses on a coal voyage may be sug¬ 
gested as a short, plain, and simple mode of keeping a ship’s book, by 
which any individual may compare one voyage with another; or different 
ship-owners ascertain their respective rates of expense, profit, or loss, 
with each other. 

In ruling and preparing these accounts, where they are not to be 
purchased in a printed form, it is recommended to leave small spaces 
after each class of expense for the insertion of any trifling charges that 
may occur, but which do not come within any of the before-mentioned 
heads ; and for greater certainty it is recommended to set a number 
opposite each item, (in red ink,) beginning Pilots, No. 1. Horse hire. 
No. 2. &c. and numbering the bills and receipts to correspond, (also 
in red ink,) by way of voucher, whereby the accounts will be at all 
times readily gone through and easily checked. 

A further piece of advice is that of keeping a rough entry book of 
the money laid out from time to time, in the order in which the pay¬ 
ments may be made. After which, when there is leisure, the items can 
be carried to the respective accounts in a clear and conspicuous manner, 
without making erasures and interlineations which are always un¬ 
sightly, and often give rise to unfavourable surmises. 

Remember that assurance, (unless specifically made on that voyage 
only,) repairs of the hull, and replacing the larger stores, as cordage, 
sails, masts, boats, &c., the wages of boys, and any accounts of damage, 
or average, are articles of a general nature, and should be kept distinct, 
and brought to the yearly account, and there settled. 


Dr Ship in Account Coal Voyage from to London. Ship in Account Coal Voyage from to London. Cr. 


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OF THE COAL TRADE. 



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OF THE COAL TRADE. 


697 


REGULATIONS FOR LOADING COALS AT NEWCASTLE. 


Having now giyen pretty clear instructions regarding accounts, it 
remains to remark that the principal places of shipment are Newcastle 
and Sunderland. 

It will be seen by an account given hereafter how important a branch 
ot trade this is; the importation into London alone being last year 
(1831) no loss than 1,604,151 chaldrons, being an increase upon 
1821 of—333,883 chaldrons, and upon 1811 of—489,034 chaldrons. 

Fuel being one of the first necessaries of life, it has been the anxious 
wish of parliament, at all times, to secure a regular supply, and this 
was found not to be better effected than by regulating the loading of 
vessels at Newcastle ; accordingly the following act was passed into 
a law, being a consolidation of former acts, from that time repealed. 

5 Geo. IV. c. 72. (local) 

An Act to regulate the loading of Ships with Coals in the Port of 
Newcastle-upon-Tyne . 

It first recites, that acts for similar purposes were passed, 50 Geo. III. 
c. 91., and 57 Geo. III. c. 30., (which latter act was about to expire,) 
and that it will be beneficial to the public if the said act be continued 
with further and more effectual provisions ; and then, by the first eight 
sections, constitutes and appoints certain persons to be Commissioners 
for carrying the same into execution, with power to appoint, under 
certain regulations, a Treasurer and other officers. It then enacts:— 

Agents having separate offices , to keep lists in their offices. “ That 
all fitters and other persons vending sea-coals,—or loading ships and 
vessels with the same in the port of Newcastle,—and all agents of 
fitters or vendors of coals having separate offices for transacting the 
business of fitting or vending of coals, or loading of vessels with coals,— 
shall keep two distinct and separate regular and correct lists of all ships 
and vessels entered at their respective offices for the loading of coals 
usually vended by such fitters, agents, and vendors; in one of which 
lists shall be entered all the ships or vessels intended to be loaded by 
keels, and in the other all ships or vessels intended to load wholly or 
in part at the spouts;—and shall also keep separate and distinct lists for 
each and every sort of coals they usually vend,—and each separate and 
distinct list shall be deemed and taken to be a separate office, and con¬ 
strued as such under the provisions of this act, and for all and each and 
every of the purposes thereof:—and each and every of such respective 
lists shall be hung up or placed in some conspicuous part of their 
respective offices, in order that the same may be inspected by any 
owner of,—or by the agent of any owner of,—or by the master,—mate,— 
or any one of the crew belonging to any ship or vessel, upon application 
made for that purpose at any time between the hours of nine of the 



699 


OF THE COAL TRADE. 

clock in the morning and six of the clock at night (Sundays ex¬ 
cepted) ; and every fitter or vendor aforesaid, and every agent afore¬ 
said, having a separate office, who shall wilfully or knowingly neglect 
or omit to keep and make entries in any such lists in the manner re¬ 
quired by this act, shall forfeit and pay on every cargo loaded or sold, 
which shall not have been properly entered in such list or lists as afore¬ 
said, according to the provisions of this act, the sum of one hundred 
pounds; and every fitter, vendor, and agent aforesaid, who shall 
refuse, or whose clerk shall refuse inspection of any list or lists kept 
by or for him under the provisions of this act, within the hours last 
aforesaid, shall forfeit and pay the sum of one hundred pounds for 
every such refusal; and every fitter, vendor, and agent aforesaid who 
shall neglect, or whose clerk shall neglect to keep his office open 
between the hours of nine of the clock in the morning and six of the 
clock in the evening, (Sundays excepted,) shall forfeit and pay the 
sum of twenty pounds for every such neglect, unless he shall prove 
that such neglect has not been wilful, but has arisen from some acci¬ 
dent or unavoidable cause; and in every action brought for the 
recovery of any such penalty of twenty pounds for any such neglect, 
it shall be incumbent upon the plaintiff only to prove the fact of the 
office not having been kept open, and upon the defendant to prove 
that the neglect was not wilful or fraudulent. § 9. 

Persons having actually performed the voyage to enter ships for turns. 
—And upon the application of any owner or agent of any owner, or 
of any master or mate, or any one of the crew of any ship or vessel 
who shall have actually performed in such ship or vessel the voyage 
or passage from which such ship or vessel shall be returning, and 
which owner or agent of any owner, or any master, mate, or any one 
of the crew shall not have quitted such ship or vessel until the same 
had passed or was within two miles of the Bar of Tynemouth, at the 
office of any such fitter, vendor of coals, or agent as aforesaid, the 
time of such application, and also the name of the person applying, 
shall be accurately set forth by the fitter, vendor, or agent at whose 
office such application shall be made, or his clerk, in a list to be kept 
for that purpose; and if the master, mate, or any owner or agent or 
agents of any owner, or any person on behalf of any owner, (whether 
such master, mate, owner or owners, or his, her, or their agent or 
agents, shall have performed the voyage or passage in manner afore¬ 
said in such ship or not,) shall, within one hour after such application as 
aforesaid, finally determine from which office such ship shall be loaded, 
and shall also (if required by the fitter, vendor, or agent) within two 
hours after the same shall be requested (if the banks in Newcastle 
shall so long be opened, and if not, within two hours after the same 
shall be opened on the following day) make a tender in cash, or in 
notes to be approved of by the fitter, vendor, or agent, payable forty 
days after the date thereof, of ten pounds per centum upon the amount 
of the value of the coals at the respective prices at which the several 
sorts of such coals are then sold, together with the usual charges for 
carrying the same from the staiths to the ships, and shall also, (if re¬ 
quired by the fitter, vendor, or agent,) at any time before eight of the 
clock in the evening of the same day, pay in like bills or notes as afore¬ 
said, or secure to his satisfaction the payment of the remainder of the 
value of the cargo, such ship or vessel shall be entitled to the same turn 
as it would have had if the deposit had been paid or tendered on the 
first application to the said fitter, vendor, or agent, and shall be 


OF THE COAL-TRADE. 699 

entered in such list immediately next after the last ship which shall 
have been entered previous to the first application so made as afore¬ 
said, and required to be entered as aforesaid, of such owner, agent, 
master, mate, or other of the crew as aforesaid, and shall be loaded in 
its due turn by such fitter, vendor, or agent, at the port of Newcastle; 
[ Fitters, fyc. refusing or omitting to enter , subject to a penalty; ] 
and every fitter, vendor, or agent aforesaid, who shall refuse or 
neglect to enter any such application when so required as aforesaid, 
or who shall refuse or neglect to load the ship or vessel, in respect of 
which such application shall be made, in due turn, according to the 
period of such application, and the provisions and regulations of this 
act, shall forfeit and pay for every such offence the sum of one hun¬ 
dred pounds: provided always, that no ship or other vessel shall be 
entered by any fitter, vendor, or agent as aforesaid, upon any list for 
a turn of coals as aforesaid, after the hour of six of the clock in the 
evening, and before ten of the clock in the forenoon of each day, 
(Sundays excepted,) under the penalty of one hundred pounds for 
each ship or vessel so entered between the hours last hereinbefore 
mentioned. § 10. 

Master may sign a certificate when night-office is shut. —And it shall 
be lawful for the master or other person having the charge or com¬ 
mand of every ship or vessel actually arriving within the limits speci¬ 
fied in this act as aforesaid, whilst the night-office shall be shut, to 
sign a certificate, in the form specified in the schedule annexed to this 
act, in presence of the person having charge of the said ship as chief 
mate, or being second in command thereof; and which certificate shall 
bear date the day on which it is actually signed by the master or other 
person having the command of such vessel; and upon the production 
of such certificate at the office of the fitter from whence the ship is 
intended to load, the ship or vessel shall be entered in like manner as 
if such master or other person had actually performed the voyage in 
the ship or vessel, and had not quitted her until she was in the limits 
prescribed by this act, and had personally appeared at the office of the 
fitter ; and every such certificate shall be filed by the fitter, vendor, 
or agent at whose office the same is delivered: provided always, that 
every person who shall sign or witness a false certificate, or who shall 
not insert the actual date thereof at the time of signing the same, or 
who shall produce any such certificate at the office of any fitter, vendor, 
or agent, knowing the same to be false, shall forfeit for every such 
offence the sum of thirty pounds. §11. 

A night-office to be appointed. —And an office shall be established, 
in the manner hereinafter mentioned, in some convenient part within 
the parish of Tynemouth in the said county of Northumberland, which 
office shall be kept open from the hours of six in the night till eight 
in the morning of each day, except during Sunday, and a proper per¬ 
son or persons shall attend therein at the hours aforesaid to register 
the names of every owner, or agent, or master, or mate, or any other 
of the crew of a ship arriving from any voyage or passage as aforesaid, 
and having actually performed in such ship or vessel the voyage or 
passage from which such ship or vessel shall be returning, and having 
quitted the ship or vessel within such limits as aforesaid, and applying 
at such office, and also the name of his ship, and the exact time of 
such his application ; and the person or persons to be appointed to 
attend at such office shall deliver to the owner or agent, or master or 
mate, or any other of the crew so applying, a ticket specifying the 


700 


OF THE COAL-TRADE 

name of the ship and of the master thereof, with the date of the 
arrival of such person applying, which ticket shall be marked and 
delivered out with a progressive number, commencing from the hour 
of six at night, when such office shall open, until the hour of eight 
in the morning, when the same office shall shut, except on Saturday, 
when the same tickets shall be progressively numbered from the hour 
of six of that evening, until the hour of twelve of the same night, 
when such office shall shut, and shall be again progressively con¬ 
tinued from*the hour of twelve of the Sunday night, when the same 
office shall again be opened, until the hour of eight of the morning 
of Monday ; and the owner or agent, or master or mate of the ship 
so registered at such night-office shall, upon applying at the office 
of any fitter, vendor, or agent from whence the ship is intended to 
load, within one hour after the office shall be open, and on delivering 
at such office the said ticket from the night-office, have a preference 
in the turn, under such restrictions as aforesaid, according to the 
priority of his or their application at the night-office ; and all such 
tickets of the night-office shall be filed in the office of the fitter, vendor, 
or agent at which the same shall be presented and delivered, and all 
persons applying at such office shall have access thereto to examine 
the same: and the sum of one penny for every keel of coals put on 
board every ship or vessel loading coals upon the river Tyne shall 
be paid by the owner or master to the fitter, vendor, or agent with 
whom he shall load on clearing his ship, which sum shall be paid over 
by the fitter, vendor, or agent, into the hands of the person to be 
appointed treasurer by the said commissioners, or any five or more of 
them, in the manner hereinbefore directed, once in every month at 
least, on demand made thereof at the office of such fitter, vendor, or 
agent, between the hours of ten and two of the clock on any day, 
(Sundays excepted,) and shall be applied in the manner hereafter 
mentioned. § 12. 

Justices may alter keel money .—Provided always, that it shall be 
lawful for the justices of the peace and magistrates assembled at any 
general quarter sessions of the peace to be held in and for the town 
and county of the town of Newcastle-upon-Tyne, upon application 
being made to them for this purpose by the said commissioners, or 
any five or more of them, to make an order that any sum not exceed¬ 
ing two pence shall be paid for every keel of coals, in lieu and 
instead of the sum of one penny per keel to be paid and applied in 
like manner as the said sum of one penny; and from and after the 
making of any such order, the sum so ordered shall be demandable 
and paid as if the same had been inserted in this act instead of the said 
sum of one penny: and every fitter, vendor, or agent, shall deliver to 
the treasurer of the night-office, on being required so to do by the 
said treasurer, a monthly list of the monies collected by him on ac¬ 
count of the payments of one penny or two pence per keel, under 
this act; and the monies so to be paid shall be recoverable by sum - 
mons and distress, on the information of the treasurer, before any 
two justices of the peace where the office of the fitter, vendor, or 
agent, shall be situate, or where the fitter, vendor, or agent shall 
reside. § 13. 

Clerk of the night-office to make out a list .—And the clerk of the 
night-office shall every morning make out and send a correct list, 
signed by him, of all ships entered at the night-office, in the order in 
which they arrived, to the exchange at Newcastle, by nine of the clock 


OF THE COAL-TRADE. 701 

in the morning’, to be there filed for the inspection of all persons 
clasirous of examining’ the same. § 15. 

Mode of appointing night-office. —And the place at which such 
office shall be established, shall be chosen and fixed, and the person 
or persons to attend therein appointed, and from time to time removed, 
and others appointed, and rules and regulations for the application 
of such sums so to be paid to him or them, as aforesaid, shall be made, 
and from time to time altered and amended by the said commissioners, 
or any five or more of them : and such commissioners, or any five or 
more of them, shall be a sufficient number for transacting all such 
business as aforesaid, and making such rules and regulations as afore¬ 
said, relative to such night-office: provided always, that such rules 
and regulations shall not be inconsistent with or contrary to the pro¬ 
visions of this act, or the laws of that part of the United Kingdom 
called England ; and a copy of such rules and regulations shall be 
affixed in some conspicuous part within the night-office to be appointed 
as aforesaid. § 16. 

Ships entered on spout list, taking in two-thirds at the spout, to be 
loaded in preference. —And when any ship or vessel, entered upon 
any spout list, shall be at the turn for loading, and shall take on board 
two full third parts of its cargo, at the spout, such ship o** vessel shall 
be allowed to complete its loading by keels, in preference to all other 
ships or vessels that may have been entered on the keel list of the 
same office; but if more than one-third part shall be required to 
complete the loading, then such ship or vessel shall wait the turn with 
the ships or vessels entered upon the keel list, such turn to be ascer¬ 
tained by the time of the first application made on behalf of such 
ship or vessel at the office of the fitter, vendor, or agent as afore¬ 
said. § 17. 

Owners or masters compelled to load at the office where entered .— 
And every owner or master who shall have entered any ship or vessel 
in any such list as aforesaid, or be entitled to a loading of coals from 
any fitter, vendor, or agent aforesaid, shall load such ship or vessel 
with the fitter, vendor, or agent, in whose office such ship or vessel 
shall have been entered, or such loading applied for as aforesaid : and 
every such owner as aforesaid, who shall make default therein, and 
not load according to his entry, or shall load with any other fitter, 
vendor, or agent, (except in such cases as are in this act specified,) 
shall forfeit and pay to such fitter, vendor, or agent, the sum of one 
hundred pounds: provided always, that any deposit which has been 
paid, shall go in part payment of such penalty as aforesaid. § 18. 

Power to alter coals for exportation only. —Provided also, that 
if any owner, or the agent of such owner or master, shall be desirous 
of altering the sort of coals, (such coals being loaded for exportation 
only,) it shall be lawful for such owner, agent, or master, notwith¬ 
standing, so to do ; and if any owner, or agent of any owner or 
master, shall, after the executing of any charter-party of affreightment 
for any foreign voyage of any ship or vessel entered in the office of 
any fitter, vendor, or agent, as aforesaid, if the same charter-party 
shall be executed before two of the clock of the afternoon, give 
notice thereof, and of the date thereof, and (if required by the fitter, 
vendor, or agent) produce the same during that day to the fitter, 
vendor, or agent, in whose office such ship or vessel shall have been 
entered ; and if the same charter-party shall be executed after two 
of the clock of the afternoon, give notice, in like manner, before the 


70*2 


OF THE COAL-TRADE. 

noon of the following' day, the deposit (if any shall have been paid) 
shall thereupon be returned by such fitter, vendor, or agent to such 
owner, or agent, or master, or any person demanding the same on 
behalf of such owner of ship or vessel; and such ship or vessel shall 
be immediately erased from the list of such fitter, vendor, or agent, 
as aforesaid. § 19. 

If accidents happen to collieries , the Jitter to give notice , fyc .— 
Provided always, that if any accident shall happen to any colliery, 
by which the loading of any ship or vessel shall be delayed, the fitter, 
vendor, or agent, having the vending or loading of the coals of such 
colliery, shall, within twenty-four hours after receiving intelligence of 
such accident, give notice in writing to the master, or some owner 
or owners of the ship then entitled to the turn, or his, her, or their 
agent, of the same accident, and shall also attach a general notice of 
such accident to the list, so to be kept in his office as aforesaid, upon 
pain of forfeiting and paying one hundred pounds for neglecting to 
give or attach such notice as aforesaid; and thereupon the master, 
mate, owner, or owners, of the ship which may have been entered, 
and be then entitled to the turn of those coals, or his, her, or their 
agent, shall be at liberty to take off his or her vessel from the list 
within twenty-four hours after the delivery of such notice, but not 
afterwards; and the deposit (if any shall have been paid) shall there¬ 
upon be returned to the master, or some owner or owners, or agent 
of such master or owner. § 20. 

Ship wrecked after being entered , notice to be sent by owner , &fc .— 
Provided also, that if any ship or vessel shall be wrecked or aban¬ 
doned within the limits aforesaid, after the same shall have been 
entered for a turn of coals, the master, mate, or owner, or his, her, 
or their agent, shall, within forty-eight hours after such wreck or 
abandonment shall happen, send a notice in writing of the loss to the 
office of the fitter, vendor, or agent, where the ship or vessel shall 
have been entered; and the same shall be thereupon erased from 
the list, and the owners or owner of every such ship or vessel, in 
respect of which such notice shall not be given as aforesaid, shall 
forfeit and pay twenty pounds: provided always, that any deposit 
which shall have been made, shall go as part or in payment of such 
penalty. § 21. 

Ship receiving injury , owner may contract with another , Sfc. —Pro¬ 
vided also, that when any ship or vessel shall receive any injury after 
being laden in whole or in part, so as to require the cargo to be taken 
out, it shall be lawful for the master, owners, or owner, or his, her, 
or their agent, to contract with the master, owners, or owner, or his, 
her, or their agent, of any ship which may be entered on the same, 
or on any other list, to take the coals on board from the ship so 
injured; but in any such case the master, owners, or owner of such 
ship or vessel shall be, continue, and remain accountable to the fitter, 
vendor, or agent, in whose office such ship or vessel was entered, (if 
required by such fitter, vendor, or agent,) for the amount of the value 
of the cargo ; and if any deposit shall have been paid, the same may 
be retained in part discharge of such value ; and if the ship or vessel 
so taking the cargo on board from such injured ship or vessel as last 
mentioned, shall require more coals to complete the loading, the 
fitter, vendor, or agent, in whose office the injured ship shall have 
been entered, shall complete the loading of the ship so taking the 
cargo as aforesaid, in preference to all others on the same list, not- 


703 


OF THE COAL-TRADE. 

withstanding such ship shall not originally have been entered in the 
list of such fitter, vendor, or agent; and if the ship or vessel taking 
such coals on board from any injured ship or vessel shall have been 
entered on any list for a turn of coals at any other office, the master, 
owners, or owner, or his, her, or their agent, shall, within twenty-four 
hours after receiving any part of the coals from such injured ship or 
vessel, give notice in writing at the office of the fitter, vendor, or 
agent, where the ship or vessel taking on board the cargo shall have 
been entered, and thereupon such last mentioned ship shall be imme¬ 
diately erased from the list, and the deposit (if any shall have been 
made) shall be returned to the master, owners, or owner, of such last 
mentioned ship, or his, her, or their agent. § 22. 

Ships not ready at their turn. Jitter, Sfc. may load the next. —And 
if any ship or vessel, entered on any list for a loading under the pro¬ 
visions of this act, shall not be ready to take the coals when entitled 
thereto by the provisions of this act, it shall be lawful for the fitter, 
vendor, or agent, in whose list such ship or vessel shall be entered, to 
begin to load the ship or vessel next in turn; and if such last mentioned 
ship or vessel shall have taken in" one-third part of its cargo before 
the ship or vessel so first entitled to the turn shall be in readiness to 
receive coals, the fitter, vendor, or agent, shall complete the loading 
of the ship or vessel so having one-third part of its cargo, in preference 
to the ship or vessel so previously entered, or any other ship or vessel 
previously entered upon the list; and the ship or vessel so having 
lost the preference, shall be entitled to load next after the ship or 
vessel which shall be loading at the time of the ship or vessel first 
entered being ready to load. § 23. 

Ships on spout lists, not ready, the Jitter, fyc. may load the next .— 
Provided always, that in case any ship or vessel, entered upon any 
spout list, shall not be ready to take the coals when entitled thereto 
by the provisions of this act, it shall be lawful for the fitter, vendor, 
or agent, upon whose spout list such ship or vessel shall be entered, 
to begin to load the ship or vessel next in turn upon such spout list; 
and if such last mentioned ship shall have taken in any part of its 
cargo before the ship so first entitled to the turn shall be in readiness 
to receive coals, then the fitter, vendor, or agent, shall fully complete 
the loading of the ship or vessel so having taken in part of its cargo, 
in preference to the ship or vessel which was so previously entered 
and entitled to such turn as aforesaid. § 24. 

Ships prevented receiving by frost, Sfc. may be taken ojf the list .— 
And if any ship or vessel shall, after the same shall have been entered, 
and be entitled to a turn of coals, and ready to receive the same by 
the provisions of this act, be prevented from receiving any part of 
the cargo either by frost or any other unavoidable accident, that then, 
and in such case, the owner, master, or agent of the owner of such 
ship or vessel, shall be at liberty to take off his or her ship or vessel 
from the list within twenty-four hours after he or she shall receive 
intelligence of the detention of the coals, and the deposit, (if any shall 
have been paid) shall be thereupon returned to such owner, master, 
or agent; and if such ship or vessel shall have received any part of 
its cargo previous to its detention, it shall be lawful for the owner or 
master, or the agent of such owner, on payment to the fitter, vendor, 
or agent, of the amount of the value of the coals which shall have 
been put on board such ship, with the expenses attending the same, 
(o complete the loading of such ship or vessel, at the office of any 
other fitter, vendor, or agent. § 25. 


704 OF THE COAL-TRADE 

Power to send shifting keels to two ships , not exceeding four keels .— 
Provided always, that it shall be lawful for any fitter, vendor, or 
agent, whilst any ship in turn is actually loading, tp send to any other 
two ships, (but not more,) for loading such coals, any number of keels 
not exceeding four keels for each ship or vessel, as shifting keels, for 
preparing such ship or vessel for taking in a cargo, so as such ships so 
actually loading shall not otherwise than is hereinbefore provided be 
delayed or interfered with in receiving the full cargo. § 26. 

Owners , §c. to give notice previous to going in and coming out of 
dock. —Previous to any ship or vessel going into dock for repair, the 
master, owners, or owner thereof, or his or their agent, shall give 
forty-eight hours’ notice in writing at the office of the fitter, vendor, 
or agent where such ship shall have been entered for a turn of coals, 
of her going into dock, and shall also give seven days’ notice in writ¬ 
ing at the least, previous to the ship coming out of the dock ; but if 
the ship is likely to be detained a longer time, then to give a further 
notice of seven days, so as full seven days’ notice shall be given pre¬ 
vious to such ship coming out of dock, or in default thereof shall for¬ 
feit the turn to which such ship shall be then entitled. § 27. 

Notice to be given of a ship's being laid up. —And previous to any 
ship or vessel being laid up in the winter, the master, owners, or owner 
thereof, or his or their agent, shall give forty-eight hours’ notice in 
writing, at the office of the fitter, vendor, or agent where such ship 
shall have been entered for a turn of coals, of his or their intention to 
lay up the same ship, and shall also give seven days’ notice, at the 
least, previous to commencing to fit out such ship ; but if the ship is 
likely to be laid up for a longer period, then such master, owner or 
owners, shall give a further notice of seven days at the least, so as 
that full seven days’ notice shall be given previous to any such ship 
being ready to receive her cargo ; or in default thereof shall forfeit 
the turn to which such ship shall be entitled. § 28. 

Penalty for false representation to obtain turns. —And every person 
who shall make a false representation in order to obtain a turn for 
coals, and every fitter, vendor, or agent, master, mate, or owner, and 
other person who shall be privy to, and aiding, or in any manner 
assisting in such deceit, and every person who shall fraudulently alter 
the number or date of any night-office ticket to be granted as afore¬ 
said, with intent thereby to obtain a turn for coals, or shall be privy 
thereto, shall forfeit and pay for every such offence, any sum not exceed¬ 
ing the sum of thirty pounds, one moiety whereof shall go to the person 
who shall inform and prosecute for the same, and the other moiety 
thereof to the treasurer for the time being of the infirmary at Newcastle 
aforesaid, to be applied for the purposes of that institution. § 29. 

For recovery of penalties. —All complaints and informations of and 
for offences against this act, or any rule, order, or by-law, to be made 
in pursuance thereof, except in cases where the manner of hearing and 
determining thereof is herein-before otherwise directed, shall be made 
before one or more justice or justices of the peace for the town and 
county of Newcastle-upon-Tyne, or for the counties of Northumberland 
or Durham, and such justice or justices is and are hereby authorized 
and empowered to take cognizance thereof, and to summon the per¬ 
son or persons complained of to appear before him or them, or upon 
complaint upon oath to issue his or their warrant or warrants for the 
apprehension of any such person or persons, and upon appearing or 
not appearing of such person or persons pursuant to such summons. 


OF THE COAL-TRADE. 


705 


or upon such person or persons being apprehended with such warrant, 
to hear the matter of every such complaint and information by examin¬ 
ation of any witness or witnesses upon oath, and to make such deter¬ 
mination thereon as such justice or justices shall think proper; and 
upon conviction of any person, such justice or justices shall and may 
issue a warrant under his or their hand and seal, or hands and seals, 
for levying the fine, penalty, or forfeiture, by virtue of this act or of 
any by-law made in pursuance thereof, imposed for such offence, by 
distress and sale of the goods and chattels of the person so convicted, 
and it shall and may be lawful for any such justice or justices to order 
any person so convicted to be detained and kept in the custody of any 
constable or other peace officer, until it can be ascertained whether 
such person hath any goods and chattels whereon such fine, penalty, 
or forfeiture can be levied; and in case sufficient goods or chattels of 
any person liable to pay any such fine, penalty, or forfeiture, cannot be 
found whereon to make such distress, and such fine, penalty, or forfeit¬ 
ure, shall not be forthwith paid, or in case it shall appear to the satis¬ 
faction of such justice, either by the confession of the offender or 
offenders, or otherwise, that the offender or offenders hath or have not 
sufficient goods and chattels whereon such penalties, forfeitures, fines, 
costs, and charges, may be levied, were a warrant of distress issued, such 
justice shall not be required to issue such warrant of distress, and there¬ 
upon it shall be lawful for such justice or justices, and he or they is and 
are hereby authorized and required, by warrant under his or their hand 
and seal, or hands and seals, to commit such offender to the common 
gaol or house of correction for any term not exceeding three calendar 
months, unless such penalty or forfeiture, and all reasonable charges 
attending the recovery thereof, shall be sooner paid and satisfied ; and 
all such fines, penalties, and forfeitures, when recovered, shall, where 
the application is not otherwise directed by this act, be paid into the 
hands of the treasurer or treasurers of the said commissioners for the 
purposes of this act, and the overplus (if any) arising from such distress 
and sale, after payment of the penalty, and the costs and charges 
attending the same, shall be returned upon demand to the owner of 
the goods and chattels so distrained. § 30. 

For compelling witnesses to attend .—If any person or persons who 
shall be summoned as a witness or witnesses to attend and give evi¬ 
dence before any justice of the peace, touching any matter of fact 
contained in the information or complaint for any offence committed 
against this act, either on the part of the prosecutor or the person -or 
persons accused, shall refuse or neglect to appear at the time and 
place to be for that purpose appointed, having been paid or tendered 
a reasonable sum for his, her, or their costs and charges, (without a 
reasonable excuse for his, her, or their refusal or neglect,) or appear¬ 
ing, shall refuse to be examined upon oath, (or in case of a Quaker 
or Quakers, on solemn affirmation,) and to give evidence before such 
justice of the peace, then and in either of the said cases, every such 
person shall forfeit and pay for every such offence any sum not exceed¬ 
ing five pounds, to be recovered in like manner as any penalty imposed 
by this act may be recovered. § 31. 

Conviction . — And for the more easy conviction of offenders, the 
justices of the peace or magistrates, before whom any person or per¬ 
sons shall be convicted of any offence against this act, shall and may 
cause the conviction to be drawn up in the following form of words, 
or in other words to the same effect; videlicet,, 

2 z 


705 


OF THE COAL-TRADE 


« ") RE it remembered, that on the day of 

< to wit. J in the year of the 

‘ reign of His Majesty King , A. B. is [or are] convicted 

* before of bis Majesty’s justices of the peace, by virtue of an 

‘ act passed in the fifth year of the reign of his Majesty King George the Fourth, 

* intituled [here insert the title of this act , specifying the offence , and the time and 

* place when and where the same was committed, as the case shall he] contrary to the 
‘ said act, for which offence we adjudge the said 

* to have forfeited the sum of Given under our [or my") 

* hands and seals [or hand and seal] the day and year above written/ § 32. 

Appeal. —But if any person or persons shall think himself, herself, 
or themselves aggrieved by any conviction in pursuance of this act, 
such person or persons shall and may appeal to the justices of the 
peace or magistrates assembled at any general quarter sessions of the 
peace, within the county, or town and county, in which the cause of 
appeal shall have arisen, within four months next after the cause of 
complaint shall have arisen, such appellant first giving or causing to be 
given seven days’ notice at least in writing of his or her intention to 
bring such appeal, and of the matter thereof, to the justices of the peace 
before whom such person or persons shall have been convicted, and 
to the person or persons who is or are intended to be affected by 
such appeal, and within’ three days after such notice entering into a 
recognizance before some justice of the peace, with two sufficient 
sureties, conditioned to try such appeal, and to abide by such order as 
shall be made, and to pay such costs as shall be awarded by such 
justices at such quarter sessions; and the said justices at such quarter 
sessions, or at some adjournment thereof, shall and may summon the 
witnesses on both sides to come before them, and upon due proof of 
notice having been given, and of the entering into recognizance in 
manner herein-before mentioned, shall hear and finally determine the 
causes and matters of every such appeal in a summary way, and shall 
award such restitution, damages, and costs to the party or parties 
appealing or appealed against, not exceeding the amount of the 
penalty, charges, and expenses which shall have been actually re¬ 
covered and received by any person or persons in pursuance of this 
act, together with the reasonable costs, charges, and expenses of pro¬ 
secuting or defending such appeal, as the said justices shall think 
proper; and the determination of the said justices at such sessions or 
adjournment thereof shall be final, binding, and conclusive. § 33. 

Orders not to be quashed for form. — Provided also, that no 
order or other proceeding to be had or made before any justices of 
the peace, or any of them, in relation to the premises aforesaid, shall 
be quashed or vacated for want of form only; and where any distress 
shall be made for any sum or sums of money to be levied by virtue 
of this act, the distress itself shall not be deemed unlawful, nor the 
party or parties making the same be deemed a trespasser or tres¬ 
passers, on account of any defect or want of form in the summons 
conviction, or warrant of distress, or other proceedings relative 
thereto; nor shall the party or parties distraining be deemed a tres¬ 
passer or trespassers ah initio on account of any irregularity which 
shall be afterwards done by the party or parties distraining, but the 
person or persons aggrieved by such irregularity shall and may recover 
special damages in an action on the case. § 34. 

Act not to extend to skips in King's service , fyc. — Provided 


OF THE COAL-TRADE. 


707 


always, that none of the provisoes of this act shall apply or be put in 
force as to any coals taken in for dunnage, in any ships or vessels 
carrying stores for His Majesty’s navy, nor to any ships or vessels in 
which the coals taken on board thereof do not exceed one-third part 
of the whole cargo of any such ship or vessel, nor to any coasting 
vessel not exceeding the burthen of six keels, so far as respects the 
turns of such vessels, but all such vessels shall nevertheless be liable 
to pay the said duty of one penny, and two pence, hereinbefore 
directed to be paid. § 35. 

Copies of Jitter's lists , fyc. to be evidence. —And copies of the fitter’s 
list, and of the register of the night-office, or of any parts of entries 
in such lists or registers, may be produced and read in evidence in any 
action or conviction under this statute, or other suit or action, in proof 
of any entries in such list and register, or of any matter or thing in 
which the original list or register would be admissible as evidence. 
§36. 

Application of penalties. •*— And the penalties and forfeitures in¬ 
curred by any fitters, vendors, or agents, or keepers of the night- 
office under this act, unless otherwise directed, shall go and be 
applied, one moiety thereof to the informer, and the other moiety in 
aid of the expenses of maintaining the said night-office, and paying 
the persons attending the same, and in defraying all incidental ex¬ 
penses relating thereto; and all penalties and forfeitures incurred by 
any owners and masters of ships under this act, shall go and be applied, 
one moiety thereof to the informer, and the other moiety thereof to 
the muster-roll of the said port of Newcastle. § 37. 

How penalties recovered.— And all penalties and forfeitures incurred 
or inflicted by this act, exceeding the sum of thirty pounds, shall and 
may be prosecuted and recovered by action of debt, bill, plaint, or 
information in any of his majesty’s courts of record at Westminster, 
wherein no essoign, protection, privilege, wager of law, or more than 
one imparlance, shall be allowed. § 38. 

Proceedings within three months —Provided always, that no person 
or persons shall be subject or liable to the payment of any of the 
penalties or forfeitures inflicted by virtue of this act for any offences 
against this act, unless some proceeding shall be had, according to 
the directions of this act respecting such offences, within three months 
next aftef committed. § 39. 

Expenses of act , and application of money.— All the monies which 
shall be collected under this act, shall be applied first in payment of 
the expenses of the night-office, and other expenses of carrying this act 
into effect, and then in the discharge of the expenses of obtaining this 
present act; and any surplus which shall remain shall be vested in 
the purchase of three pounds per centum consolidated bank annuities, 
in the names of three or more of the said commissioners, and accu¬ 
mulate as a fund for the expense of future renewals of this act. § 40. 

Public act. —This act shall be deemed and taken to be a public act; 
and shall be judicially taken notice of as such by all judges, justices, 
and others, without being specially pleaded. § 41. 

Continuance of act. —This act shall continue in force for the period 
of twenty-one years. § 42. 


2 z 2 


708 


OF THE COAL TRADE. 


List of the Collieries , and where situate. 

Collieries marked thus * are situated above bridge on the North side of the Tyne :— 
thus f above bridge on the South side :—thus { below bridge on the North side :— 
and thus § below bridge on the South side of the Tyne. 


t Backworth. 

* Benwell. 

} Burradon and Killingworth. 

* Callerton. 

X Collingwood. 

J Coxlodge. 

X Cramlington. 

* Elswick. 

X Fawdon. 

§ Felling. 

X Gosforth. 

X Heaton. 

§ Hebburn. 

§ Heworth. 

* Holywell. 

X Hotspur, 

§ Jarrow. 

X Jesmond. 

t Low Moor and South Moor. 
§ Manor Walls End. 


§ Mount Moor. 

§ Ouston. 

J Percy Main, 
t Pontop and Garesfield. 
x Seghill. 

§ Sheriff-Hill. 

§ Springwell. 

§ Team, 
t Townley. 
t Tanfield Moor. 

§ Tyne Main. 

§ Usworth. 

§ Waldridge. 
t Walker. 

* Wallbottle. 
t Walls End. 

X Whitley. 

X Willing-ton. 

X Wideopen. 

* Wylam. 


The Keel Dues on the River Tyne. 

To taking out the ballast of any ship or vessel by warrant, and s. 

clearing her..*. 15 

To the skipper and men of any keel impressed to give assistance 
on any reach of the river, Is. ; and 5s. for rowing down the 

keel or boat. 6 

For any lying tide* below the Pacef... 5 

For every lying tide above the Pace. 2 

For every slung tideJ below- the Pace. 5 

For every slung tide above the Pace, in proportion to the wages 

on the reach. 2 

For every keel delivered on board any ship lying on shore to 
shift her, the skipper and men... 1 


If any fitter shall order down a keel of coals to Shields or any other 
reach, and the ship, that the skipper is ordered for, be loaden, or 
the master will not take them in ; then, upon the skipper’s coming, 
or sending one of his men, to the fitter, and he having no other ship 
to cast them in the next tide, he, the said skipper, bringing the said 
coals home unbroken, shall be paid full dues, (owners’ wages ex¬ 
cepted,) according to the reach the said ship lies in.—The skipper, so 
coming to the fitter for orders, to be paid 2s. 


* A tide is termed a lying tide when a keel is so long detained in delivering her 
coals, by tiny vessel, as to prevent her returning to the staith the second flood tide 
after. 

f The Pace is that part of the river between Hebburn and Willington Quay. 

J A slung tide is when a keel or boat is detained on the river to render assistance to 
ajry vessel in distress. 












OF THE COAL TRADE. 709 


Distances. 

Dues. 

Owners’ 

Wages. 

Bread 

and 

BeerM. 

Total. 


s. 

d. 

S. 

d. 

s. 

d. 

£. s. 

d. 

From Stella to the New Quay . 

8 

2 

7 

6 

3 

10 

0 

19 

6 

From Lemington to ditto . 

8 

2 

6 

2 

3 

10 

0 

18 

2 

From Denton to ditto. 

8 

2 

5 

6 

3 

10 

0 

17 

6 

From all places below Scotswood to do. 

8 

2 

4 

6 

3 

10 

0 

16 

6 

From all staiths below the bridge to do. 

7 

10 

1 

0 

3 

10 

0 

12 

8 

From Stella to below the Burn . 

8 

6 

7 

6 

3 

10 

0 

19 

10 

From Lemington to ditto . 

8 

6 

6 

2 

3 

10 

0 

18 

6 

From Denton to ditto . 

8 

6 

5 

6 

3 

10 

0 

17 

10 

From all places below Scotswood to do. 

8 

6 

4 

6 

3 

10 

0 

16 

10 

From all staiths below the bridge to do. 

8 

2 

1 

0 

3 

10 

0 

13 

0 

From Stella to Snowdon or Dent’sHole 

9 

4 

7 

6 

3 

10 

1 

0 

8 

From Lemington to ditto. 

9 

4 

6 

2 

3 

10 

0 

19 

4 

From Denton to ditto. 

9 

4 

5 

6 

3 

10 

0 

18 

8 

From all places below Scotswood to do. 

9 

4 

4 

6 

3 

10 

0 

17 

8 

From all staiths below the bridge to do. 

9 

0 

1 

0 

3 

10 

0 

13 

10 

From Stella to St. Anthony’s. 

9 

6 

7 

6 

3 

10 

1 

0 

10 

From Lemington to ditto. 

9 

6 

6 

2 

3 

10 

0 

19 

6 

From Denton to ditto. 

9 

6 

5 

6 

3 

10 

0 

18 

10 

From all places below Scotswood to do. 

9 

6 

4 

6 

3 

10 

0 

17 

10 

From all staiths below the bridge to do. 

9 

2 

1 

C 

3 

10 

0 

14 

0 

From Stella to Bill Reach. 

10 

10 

7 

6 

3 

10 

1 

2 

2 

From Lemington to ditto . 

10 

10 

0 

2 

3 

10 

1 

0 

10 

From Denton to ditto. 

10 

10 

5 

6 

3 

10 

1 

0 

2 

From all places below Scotswood to do. 

10 

10 

4 

6 

3 

10 

0 

19 

2 

From all staiths below the bridge to do. 

10 

6 

1 

0 

3 

10 

0 

15 

4 

From Stella to below the Pace. 

13 

6 

7 

6 

3 

10 

1 

4 

10 

From Lemington to ditto. 

13 

6 

6 

2 

3 

10 

1 

3 

6 

From Denton to ditto. 

13 

6 

5 

6 

3 

10 

1 

2 

10 

From all places below Scotswood to do. 

13 

6 

4 

6 

3 

10 

1 

1 

10 

From all staiths below the bridge to do. 

13 

2 

1 

°! 

3 

10 

0 

18 

0 

From Stella to Shields. 

15 

2 

7 

6 

3 

10 

1 

6 

6 

From Lemington to ditto. 

15 

2 

6 

2 I 

3 

10 

1 

5 

2 

From Denton to ditto. 

15 

2 

5 

6 

3 

10 

1 

4 

6 

From all places below Scotswood to do. 

15 

2 

4 

6 

3 

10 

l 

3 

6 

From all staiths below the bridge to do. 14 

10 

1 

0 

3 

10 

0 

19 

8 


Table of Newcastle Coal Measure. 


Galls. 

Cwt. 

Bolls. 






36 

2* 

1 

Folk. 





288 

z 4 

17# 

8 

1 

Wag. 



a a 

684 

4 Iff 

19 

** 

1 

Chal. 



864 

53 

24 

3 

iA 

1 

Keel. 


6912 

424 

192 

24 

10* 

8 

1 

Ton » 

15048 

923* 

418 

52* 

22 

17* 


1 










































A 


710 


IT JLAOtl HUT 

OF THE COAL TRADE. 


The Importation of Coals into London from 1805 to 1831, both 
inclusive. 

.01008 9(1 J oJ anoihfsiO IS sni 


Chaldrons. 

1805 . 971,270| 

1806 .. 987,750J 

1807 . 933,148 

1808 . 1,088,050 

1809 .. 923,440f 

1810 .. 1,120,237J 

1811 „_... 1,115,117 

1812 .. l,071,361| 

1813 . 970,898£ 

1814 . .... 1,140,168 

1815 .. 1,117,034J 

1816 . .... 1,221,38 lj 

1817 . 1,143,163J 

1818 . 1,208,8023 


-— 

Chaldrons. 

1819 . 

. 1,190,0883 

1820 . 

. . 1,313,736J 

1821 . 

. 1,270,270J 

1822 ........ 

. 1,253,4363 

1823 . 

.. 1,437,252 

1824 . 

.. l,524,807j 

1825 . 

.. 1,433,823 

1826 . 

.. 1,595,866 

1827 . 

. 1,462,058 

1828 .. 

,. 1,553,461 

1829 . 

. 1,593,581 

1830 . 

. 1,630,804 

1831 ,,. 

.. 1,604,151 


Besides which Inland Coals are now brought in no inconsiderable 
quantity by the Paddington Canal; which, by a communication with 
other canals in the interior of the kingdom, effects a direct water carriage 
from Staffordshire, Derbyshire, Nottinghamshire, and other contiguous 
counties with the metropolis. 

The only other observations necessary respecting the coal trade arise, 
out of a few cases connected with the impress. 

The statute of 6 and 7 Wm. III. c. 18. by which the master of every 
ship employed in the coal-trade is entitled to have two of his seamen 
protected from being impressed, is still in force, notwithstanding other 
of the enactments of that statute are virtually superseded by posterior 
provisions. 5 T. R. 417. 

But the master of such vessel is not entitled under stat. 6 and 7 Wm. 
III. to have two of his seamen free from impress, unless they have been 
previously nominated as required by the statute. Ibid. 

Nor is the carpenter in the coal-trade exempt from impress. 13 E. 
R. 519. 

The exemptions from impress by statute, which extend only to those 
who, when they entered the service, were not liable, on account of their 
requiring instruction to fit them for the service, do not extend to keel- 
men navigating down the Tyne to Shields. 1 E. R. 466. 

For the Duty respecting Coals Imported, see Schedule of Duties in 
Customs, Part II. Chap. IV. 

Respecting Fitters’ Certificates, see page 479. 

See further respecting Coals, 6 Geo. IV. c. 111. pages 501—503. 























OF THE COAL TRADE. 


711 




TABLES FOR. READILY FINDING THE VALUE OF ANY QUANTITY OF 
COALS, from one quarter of a Chaldron to 300 Chaldrons, allow¬ 
ing 21 Chaldrons to the score. 

-— 

. *, . , gib# j §o?§,m ....... eo%i 

The first part of these 'Fables exhibits the value at from 13s. 
to 25s., increasing by sixpence per chaldron ;—the second shows the 
amount at three-pence per chaldron ; and thus the total amount may 
be found. 

....... fcvsl |04T f £&Q 9081 


Required the amount of 275% chaldrons at 21 to the score, and at 


41s. 3d. yer chaldron. 


200 Chaldrons at 20 s. (Table 1.) amount to <£*190 9 63 
200 ditto at 21s. . . 200 0 O 


1 



200 Chaldrons at 4 Is. amount to. .£399 9 6^ 


70 ditto (taken in same manner ) 


136 13 4 

9 15 Y{ 
0 19 C,J 
2 7 7;} 

0 16 8 
0 1 ' 2 \ 
0 0 If 


5 ditto. 
% ditto 


*200 Chaldrons at 3d. (Table 2.) amount to 
70 ditto. 



' 


5 ditto 
l ditto 




_ 



.aaaiqnii ddi /iiivr b 
w vd .81 .o .III .Di' 


wnnoo a 


r 



1 bslidns si 


ni Hiia m ,-bw 



vllfiOllIV 91B oHtird 


>t:>cn 9 sdi to 




. . - <> r.zi\ v v iU 

> loisem -srii JuH 
o owl avfid oi illl 



1 aaoluH c »89iqrn» mofl 
.huM odi \ 

ni moil Jqiiiaxs sbmx 


:l Bailopsi sa Statas&tttm \tksioVmq' 
Ifi09 orii flf T9lfl9qti33 9fil (ti *UlVl 


>goHi ol ^Ino bii9lX9 doirfw ,9iuifil8 ^d aeaiqrnr moil enaiiqfn9Jr9 odT 
ib tit lo la worm no *tddu ; mi stow .soivioa silt no Y*>ill n$dw ,odw 
•bail oi brmixs low oh t 9slv"i9£ aril idl rnsrfl id ot'rroiiDfritefd pniiiifpsi 
,ddi .II .3 I o- trwob ^nris^vjsn n9fn 

rjCI orfi io3 

VI R/l > oil rnA c I , 8 KOT 8 U$ 


* 



^MiraaD 8 RSTti 3 ^ftiioeqssH 
"• t 8JAot> 3riiJ33q8ii iddhi/l 998 















OF THE COAL-TRADE. 


712 

Table I. 


Showing the amount of any quantity of Coals , from one quarter of a 
chaldron to 300 chaldrons , and from 13s. to 25 s. per chaldron s 
allowing 21 chaldrons to the score. 


No. of 
Chalds 


135. 

135. 6d. 


14s. 


14s. 6c?. 


155. 


£. s. 

d. 

£. 5 

d. 

£. 5. 



r. 5. 


£. 5. 

d. 

i 

0 

3 

1 

0 

3 

2J 

0 

3 

4 

0 

3 

5 | 

0 

3 

Of 

i 

§ 

0 

6 

2} 

0 

6 

5 

o 

6 

8 

0 

6 

10} 

0 

7 

1J 

0 

9 

H 

0 

9 

74 

0 

10 

0 

0 

10 

x 4 

0 

10 

8* 

1 

0 

12 

4 

0 

12 

10} 

0 

13 

4 

0 

13 


0 

14 

3i 

2 

1 

4 

9 

1 

5 

M 

1 

6 

8 

1 

7 

n 

1 

8 


3 

1 

17 

ij 

1 

18 

0} 

2 

0 

0 

2 

1 

5 

2 

2 10} 

4 

2 

9 

0} 

2 

11 

5 

2 

13 

4 

2 

15 

3f 

2 

17 

1J 

5 

3 

1 

10} 

3 

4 

3} 

3 

6 

8 

3 

9 

ol 

3 

11 

5 

6 

3 

14 

H 

3 

17 

ij 

4 

0 

0 

4 

2 101 

4 

5 

8 J 

7 

4 

6 

8 

4 

10 

0 

4 

13 

4 

4 

16 

8 

5 

0 

0 

8 

4 

19 

OJ 

5 

2 

10} 

5 

6 

8 

5 

10 

5J 

5 

14 

3} 

9 

5 

11 

5 

5 

15 

81 

6 

0 

0 

6 

4 

3} 

l 

6 

8 

0} 

10 

6 

3 

H 

6 

8 

2 

6i 

6 

13 

4 

6 

18 

7 

2 

4 

10-1 

20 

12 

7 

H 

12 

17 

il 

13 

6 

8 

13 

16 

2} 

14 

5 

8 J 

30 

18 

11 

5 

19 

5 

8J 

20 

0 

0 

20 

14 

3} 

21 

8 

Of 

40 

24 

15 

2} 

25 

14 

3} 

26 

13 

4 

27 

12 

4J 

28 

11 

5 

50 

30 

19 

OJ 

32 

2 

10} 

33 

6 

8 

34 

10 

5J 

35 

14 

3} 

60 

37 

2 

10} 

38 

11 

5 

40 

0 

0 

41 

8 

6} 

42 

17 

1J 

70 

43 

6 

8 

45 

0 

0 

46 

13 

4 

48 

6 

8 

50 

0 

0 

80 

49 

10 

5 

51 

8 

Of 

53 

6 

8 

55 

4 

9 

57 

2 

10} 

90 

55 

14 

3} 

57 

17 

1J 

60 

0 

0 

62 

2 

10} 

64 

5 

8} 

100 

61 

18 

1 

64 

5 

8J 

66 

13 

4 

69 

0 

11} 

71 

8 

6} 

110 

68 

1 

10} 

70 

14 

3} 

73 

6 

8 

75 

19 

0J 

78 

11 

5 

120 

72 

5 

8J 

77 

2 

10} 

80 

0 

0 

82 

7 

1J 

85 

14 

3} 

130 

80 

9 

6} 

83 

11 

5 

86 

13 

4 

89 

15 

2} 

92 

17 

1J 

140 

86 

13 

4 

90 

0 

0 

93 

6 

8 

96, 

13 

4 

100 

0 

0 

150 

92 

17 

1J 

96 

8 

Of 

100 

0 

0 

103 

11 

5 

107 

2 10} 

160 

99 

0 

11} 

102 

17 

1J 

106 

13 

4 

110 

9 

6} 

114 

5 

BJ 

170 

105 

4 

9 

109 

5 

BJ 

113 

6 

8 

117 

7 

7} 

121 

8 

of 

180 

111 

8 

6} 

115 

14 

3} 

120 

0 

0 

124 

5 

8J 

128 

11 

5 

190 

117 

12 

4} 

123 

2 

10} 

126 

13 

4 

131 

3 

9J 

135 

14 

3} 

200 

123 

16 

2} 

128 

11 

5 

133 

6 

8 

138 

1 

10} 

142 

17 

1J 

210 

130 

0 

0 

135 

0 

0 

140 

0 

0 

145 

0 

0 

150 

0 

0 

220 

136 

3 

9 J 

141 

8 

Of 

146 

13 

4 

151 

18 

1 

157 

2 

10} 

230 

142 

7 

n 

147 

17 

1J 

153 

6 

8 

158 

16 

2} 

164 

5 

BJ 

240 

148 

11 

5 

154 

5 

8J 

160 

0 

0 

165 

14 

3} 

171 

8 

of 

250 

154 

15 

2} 

160 

14 

3} 

166 

13 

4 

172 

12 

4J 

178 

11 

5 

260 

160 

19 

OJ 

167 

2 

10} 

173 

6 

8 

179 

10 

5J 

185 

14 

3} 

270 

167 

2 

10} 

173 

11 

5 

180 

0 

0 

186 

8 

of 

192 

17 

1J 

280 

173 

6 

8 

180 

0 

0 

186 

13 

4 

193 

6 

8 : 

200 

0 

0 

290 

179 

10 

5J 

186 

8 

of 

193 

6 

8 

200 

4 

9 

207 

2 

10} 

300 

185 

14 

3} 

192 

17 

U; 

200 

0 

0 

207 

2 10* 

214 

5 

BJ 


























OF THE COAL-TRADE. 


713 


Coal Table, No. 1.— continued . 


No. of 

15«. 6 d . 

165. 

I 65 . 6 d . 

175. 

17 s . 6 d . 

Chalds 

















£. 

5. 

d . 

<£. 

5. 

d . 

£. 

5. 

d . 

£. 

5. 

d . 

£. 

5. 

rf. 

i 

0 

3 

Si 

0 

3 


0 

3 

11 

0 

4 

04 

0 

4 

2 

i 

0 

7 

H 

0 

7 

n 

0 

7 

ioi 

0 

8 

1 

0 

8 

4 

i 

0 

11 


0 

11 

5 

0 

11 

H 

0 

12 

14 

0 

12 

6 

1 

0 

14 

9 

0 

15 

2} 

0 

15 

8J 

0 

16 

2 i 

0 

16 

8 

2 

1 

9 

6i 

1 

10 

H 

1 

11 

5 

1 

12 

4 4 

1 

13 

4 

3 

2 

4 

H 

2 

5 

8 i 

2 

7 

n 

2 

8 

6 f 

2 

10 

0 

4 

2 

19 

04 

3 

0 

Hi 

3 

2 104 

3 

4 

9 

3 

6 

8 

5 

3 

13 

H 

3 

16 

2i 

3 

18 

6| 

P4 

0 

Ilf 

4 

3 

4 

6 

4 

8 

64 

4 

11 

5 

4 

14 

3* 

4 

17 

14 

5 

0 

0 

7 

5 

3 

4 

5 

6 

8 

5 

10 

0 

5 

13 

4 

5 

16 

8 

8 

5 

18 

1 

6 

1 

10| 

6 

5 

8i 

6 

9 

6J 

6 

13 

4 

9 

6 

12 

H>i 

6 

17 

14 


*1 

5 

: ¥ 

5 

84 

7 

10 

0 

10 

7 

7 

n 

7 

12 

4i 

7 

17 

1J 

8 

1 

lOf 

8 

6 

8 

20 

14 

15 

n 

15 

4 

9 

15 

14 

3J 

16 

3 

94 

16 

13 

4 

30 

22 

2 

ioi 

22 

17 

14 

23 

11 

5 

24 

5 

84 

25 

0 

0 

40 

29 

10 

H 

30 



31 

8 

6 } 

32 

7 

H 

33 

6 

8 

50 

36 

18 

1 

38 


Tof 

39 

5 

1 

40 

9 


41 

13 

4 

60 

44 

5 


45 

14 

3i 

47 

2 

ioi 

48 

11 

5 

50 

0 

0 

70 

51 

13 

4 

53 

6 

8 

55 

0 

0 

56 

13 

4 

58 

6 

8 

80 

59 

0 

ni 

60 

19 

04 

62 

7 

14 

64 

15 

2f 

66 

13 

0 

90 

66 

8 

6| 

68 

11 

5 

70 

14 

34 

72 

17 

14 

75 

0 

0 

100 

73 

16 

2i 

76 

3 


78 

11 

5 

80 

19 

°4 

S3 

6 

8 

110 

81 

3 

H 

83 

15 

2i 

86 

8 

6| 

89 

0 

ni 

91 

13 

4 

120 

88 

11 

5 

91 

8 

64 

94 

5 

84 

97 

2 

10 * 

100 

0 

0 

130 

95 

19 

0| 

99 

0 iu 

102 

2 

10* 

105 

4 

9 

108 

6 

8 

140 

103 

6 

8 

106 

13 

4 

110 

0 

0 

113 

6 

8 

116 

13 

4 

150 

110 

14 

H 

114 

5 


117 

17 

14 

121 

8 

6i 

125 

0 

0 

160 

118 

1 

10§- 

121 

18 

1 

125 

14 

3* 

129 

10 

54 

133 

6 

8 

170 

125 

9 

6i 

129 

10 

5* 

133 

11 

5 

137 

12 

4 4 

141 

13 

4 

180 

132 

17 

H 

127 

2 

ioi 

141 

8 

6 | 

145 

14 

3i 

150 

0 

0 

190 

140 

4 

9 

144 

15 

2| 

149 

5 

84 

152 

16 

2i 

158 

6 

8 

200 

147 

12 

41 

152 

7 

*i 

157 

2104 

161 

18 

1 

166 

13 

4 

210 

155 

0 

0 

160 

0 

0 

165 

0 

0 

170 

0 

0 

175 

0 

0 

220 

162 

7 

71 

167 

12 

4 4 

172 

17 

14 

178 

1 

10| 

183 

6 

8 

230 

169 

15 

2f 

175 

4 

9 

180 

14 

3i 

186 

3 


191 

13 

4 

240 

177 

2 

101 

182 

17 

li 

188 

11 

5 

194 

5 

8J 

200 

0 

0 

250 

184 

10 

5* 

190 

9 

6i 

196 

8 

6 * 

202 

7 

n 

208 

6 

8 

260 

191 

18 

1 

198 

1 

lOf 

204 

5 

84 

210 

9 

6i 

216 

13 

4 

270 

199 

5 


205 

14 

3i 

212 

2 

10* 

218 

11 

5 

225 

0 

0 

280 

206 

13 

4 

213 

6 

8 

220 

0 

0 

226 

13 

4 

233 

6 

8 

290 

214 

0 

111 

220 

19 

04 

227 

17 

14 

234 

15 

2} 

241 

13 

4 

300 

221 

8 

6} 

228 

11 

5 

235 

14 

3i 242 

17 

U 

250 

0 

0 





















ill 


OF THE COAL TRADE. 


Coal Table, No. 1.— continued. 


No. of 


185. 


185. 6d. 


195. 


195. 6<L 


205. 


Chalds. 

£. 

5. 

d. 

£. 

5. 

d. 

£. 

5. 

d. 


5. 

d. 

£ 

. 5. 

d. 

i 

r, 0 

4 


0 

4 

45 

0 

4 

65 

0 

4 

n 

0 

4 

9 

i 

0 

8 

n 

0 

8 

94 

0 

9 

04 

0 

9 

3} 

0 

9 

«* 

t 

0 

12 

10j 

0 

13 


0 

13 

of 

0 

13 

11 

0 

14 

H 

1 n 

0 

17 

H 

0 

17 

n 

0 

18 

1 

0 

18 

6} 

0 

19 

Oi 

2 

1 

14 

3} 

1 

15 

n 

1 

16 

n 

1 

17 

4 

1 

18 

1 

3 

2 

11 

5 

2 

12 

m 

2 

14 

3} 

2 

15 

8} 

2 

17 

li 

4 

3 

8 

6J 

3 

10 

4 

3 

12 

44 

3 

14 

3} 

3 

16 

24 

5 

4 

5 

84 

4 

8 

l 

4 

10 

54 

4 

12 

10} 

4 

15 

2} 

6 

5 

2 

10i 

5 

5 

8J 

5 

8 

63 

5 

11 

5 

5 

14 

3 i 

7 

6 

0 

0 

6 

3 

4 

6 

6 

s 

6 

10 

0 

6 

13 

4 

8 

6 

17 

li 

7 

o ni 

7 

4 

9 

7 

8 

6} 

7 

12 

4 

9 

7 

14 

H 

7 

18 


8 

2 

101 

8 

7 

li 

8 

11 

5 

10 

8 

11 

5 

8 

16 

n 

9 

0 

Hi 

9 

5 

H 

9 

10 

H 

20 

17 

2 10} 

17 

12 

44 

18 

1 10| 

18 

11 

5 

19 

0 ii| 

30 

25 

14 

3} 

26 

8 

6} 

27 

2 104 

27 

17 

n 

28 

11 

5 

40 

34 

5 

8* 

35 

4 

9 

36 

3 

9J 

37 

2 104 

38 

l 

30} 

50 

42 

17 

li 

44 

0 1H 

45 

4 

9 

46 

8 

6} 

47 

12 

4} 

60 

51 

8 

6} 

52 

17 

14 

54 

5 

. 8 ' 

55 

14 

3} 

57 

2 104 

70 

60 

0 

0 

61 

13 

4 

63 

6 

65 

0 

0 

66 

13 

4 

80 

68 

11 

5 

70 

9 

6i 

72 

1*0 

n 

74 

5 

8J 

76 

3 

9 ? 

90 

77 

2 

10J 

79 

5 

84 

81 

8 

6} 

83 

11 

5 

85 

14 

3} 

100 

85 

14 

31 

88 

1 

10} 

90 

9 

6j 

92 

17 

li 

95 

4 

9 

110 

94 

5 


96 

18 

1 

99 

10 


102 

2 

104 

104 

15 

2} 

120 

102 

17 

14 

105 

14 

3J 

108 11 

5 

111 

8 

6} 

114 

5 

H 

130 

111 

8 

04 

114 

10 

54 

117 

12 


12,0 

14 

3 i 

123 

16 

2} 

140 

120 

0 

0 

123 

6 

8 

126 

13 

4 

130 

0 

0 

133 

6 

8 

150 

128 11 

5 

132 

2 

105 

135 

14 

31 

139 

5 

8} 

142 

17 

li 

160 

137 

2 

101 

140 

19 

04 

144 

15 

2} 

148 

11 

5 

152 

7 

n 

170 

145 

14 

3 i 

149 

15 

n 

153 

16 

21 

157 

17 

li 

161 

18 

1 

180 

154 

5 

8 4 

158 

11 

& 

162 

17 

li 

167 

2 

10} 

171 

8 

6} 

190 

162 

17 

4 

167 

7 

n 

171 

IS 

1 

176 

8 

6} 

180 

19 

°i 

200 

171 

8 

6§ 

176 

3 

94 

180 

19 

oi 

185 

14 

3} 

190 

9 

6} 

210 

180 

0 

0 

185 

O 

0‘ 

190 

0 

0 

195 

0 

0 

200 

0 

0 

220 

188 

11 

5 

193 

16 

25 

199 

0 

111 

204 

5 

8 i 

209 

10 

54 

230 

197 

2 

101 

202 

12 

44 

208 

1 

10} 

213 

11 

5 

219 

0 11} 

240 

205 

14 

3 1 

211 

8 

65 

217 

2 104 

222 

17 

li 

228 

11 

, 5; 

250 

214 

5 

s4 

220 

4 

9 

226 

3 


232 

2 

10 } 

238 

1 

10} 

260 

222 

17 

14 

229 

0 1U 

235 

4 

9 

241 

8 

4 

247 

12 

4 

270 

231 

8 

64 

237 17 

14 

244 

5 


250 

14 

3} 

257 

2 

10} 

280 

240 

0 

0 

246 

13 

4 

253 

6 

8 

260 

0 

0 

266 

13 

4 

290 

248 

11 

5 

255 

9 

65 

262 

7 

?1 

269 

5 

8 i 

276 

3 

9} 

300 

157 

2 

10} 

264 

5 

84 

271 

8 

6} 

278 

11 

5 

285 14 

3} 






























OF THE COAL-TRADE, 


715 


Coal Table, No. 1 .—continued. 


No. of 
Chatds 

205. 6d. 

21?. 


215. 6d. 


225. 


225. 6d. 

£. 

s. 

d. 

£. 

5 . 

d. 

£, 

5. 

d. 

£. 

5 . 

d. 

£& 

5 . 

d. 

i 

0 

4 10* 

0 

5 

0 

0 

5 

1} 

0 

5 

2} 

0 

5 

44 

£ 

0 

9 

9 

0 

10 

0 

0 

15 

2} 

0 

10 

5£ 

0 

1) 

8 £ 

} 

0 

14 

n 

0 

15 

0 

0 

19 

41 

0 

15 

8£ 

0 

16 

93 

l 

0 

19 

64 

1 

0 

0 

1 

0 

51 

1 

0 

Ilf 

1 

1 

5 

2 

1 

19 

oi 

2 

0 

0 

2 

0 

HI 

2 

1 

10} 

2 

2 

104 

3 

2 

18 

6| 

3 

0 

0 

3 

J 

5 

3 

2 104 

3 

4 

34 

4 

3 

18 

1 

4 

0 

0 

4 

1 

10} 

>1 4 

3 

9b 

4 

5 

84 

5 

4 

17 

74 

5 

0 

0 

5 

2 

4£ 

5 

4 

9 

5 

7 

14 

6 

5 

17 

H 

6 

0 

0 

6 

2 

101 

6 

5 

8 £ 

6 

8 

6f 

7 

6 

16 

8 

7 

0 

0 

7 

3 

4 

7 

6 

8 

7 

10 

0 

8 

7 

16 

2| 

8 

0 

0 

8 

3 

9£ 

8 

7 

n 

8 

11 

5 

9 

8 

15 

8 £ 

9 

0 

0 

9 

4 

31 

9 

8 

6} 

9 

12 104 

10 

9 

15 

H 

10 

0 

0 

10 

4 

9 

10 

9 

6} 

10 

14 

34 

20 

19 

10 

54 

20 

0 

0 

20 

9 

H 

20 

19 

°£ 

21 

8 

6} 

30 

29 

5 

*£ 

30 

0 

0 

30 

14 

31 

31 

8 

6f 

32 

2 

10 } 

40 

39 

0 

ni 

40 

0 

0 

40 

19 

o£ 

41 

18 

1 

42 

17 

i£ 

50 

48 

16 

2} 

50 

0 

0 

51 

3 

9£ 

52 

7 

n 

53 

11 

5 

60 

58 

11 

5 

60 

0 

0 

61 

8 

6} 

62 

17 

i£ 

64 

5 

8£ 

70 

68 

6 

8 

70 

0 

0 

71 

13 

4 

73 

6 

8 

75 

0 

0 

80 

78 

1 

10} 

80 

0 

0 

81 

18 

1 

83 

16 

2} 

85 

14 

3} 

90 

87 

17 

lj 

90 

0 

0 

92 

2 I0i 

94 

5 

8 £ 

96 

8 

6} 

100 

97 

12 

H 

100 

0 

0 

102 

7 

74 

104 

15 

2} 

107 

2 

10 } 

110 

107 

7 

n 

110 

0 

0 

112 

12 

4£ 

115 

4 

9 

117 

17 

14 

120 

117 

2 104 

120 

0 

0 

122 

17 

i£ 

125 

14 

3i 

128 

11 

5 

130 

126 

18 

1 

130 

0 

0 

133 

1 

10} 

136 

3 

94 

139 

5 

84 

140 

136 

13 

4 

140 

0 

0 

143 

6 

8 

146 

13 

4 

150 

0 

0 

150 

146 

8 

6} 

150 

0 

0 

153 

11 

5 

157 

2 104 

168 

14 

34 

160 

156 

3 

I 

160 

0 

0 

163 

16 


167 

12 

44 

171 

8 

63 

170 

165 

19 

o£ 

170 

0 

0 

174 

0 m 

178 

1 

lOf 

182 

3 

104 

180 

175 

14 

4 

180 

0 

0 

184 

5 

84 

188 

11 

5. 

192 

17 

14 

190 

185 

9 


190 

0 

0 

194 

10 

54 

199 

0 114 

203 

11 

5 

200 

195 

4 

9 

200 

0 

0 

204 

15 


209 

10 

54 

214 

5 

84 

210 

205 

0 

0 

210 

0 

0 

215 

0 

0 

229 

0 

0 

225 

0 

0 

220 

214 

15 

2} 

220 

0 

0 

225 

4 

9 

230 

9 

6i 

235 

14 

3} 

230 

224 

10 

5£ 

230 

0 

0 

235 

9 

61 

240 

19 

04 

246 

8 

6} 

240 

234 

5 

8 £ 

240 

0 

0 

245 

14 

31 

251 

8 

6f 

257 

2 10} 

250 

244 

0 

ll| 

250 

0 

0 

255 

19 

<3 

261 

18 

1 

267 

17 

14 

260 

253 

16 

2} 

260 

0 

0 

266 

3 

9£ 

272 

7 

74 

278 

11 

5 

270 

263 

11 

5 

270 

0 

0 

276 

8 


282 

17 

14 

289 

5 

84 

280 

273 

6 

8 

280 

0 

0 

286 

13 

4 

293 

6 

8 

300 

0 

0 

290 

283 

1 

10} 

290 

0 

0 

296 

18 

1 

303 

16 


310 

14 

34 

300 

292 

17 

i£ 

300 

0 

0 

307 

2 104 

314 

5 

84 

321 

8 

63 

















OF THE COAL TRADE. 


71 6 


Coal Table, No. 1. — continued . 


No. of 

23s. 

23s. f)d. 

24s. 

24s. 6d. 

25s. 

Clialds 

















£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

i 

0 

5 

H 

0 

5 

7 

0 

5 

84 

0 

5 

10 

0 

5 114 

4 

0 

10 

Hi 

0 

11 

2 4 

0 

11 

5 

0 

11 

8 

0 

11 

10} 

3 

4 

0 

16 

5 

0 

16 

9} 

0 

17 

*4 

0 

17 

6 

0 

17 

10} 

1 

1 

1 10} 

1 

2 

4£ 

] 

2 


1 

3 

4 

1 

3 

H 

2 

2 

3 


2 

4 

9 

2 

5 

84 

2 

6 

8 

2 

7 

n 

3 

3 

5 

8 4 

3 

7 

*4 

3 

8 


3 

10 

0 

3 

11 

5 

4 

4 

7 

H 

4 

9 

<4 

4 

11 

5 

4 

13 

4 

4 

15 

24 

5 

5 

9 

6 i 

5 

11 10} 

5 

14 

34 

5 

16 

8 

5 

19 

oj 

6 

6 

11 

5 

6 

14 

31 

8 

17 

14 

7 

0 

0 

7 

2 

104 

7 

7 

13 

4 

7 

16 

8 

8 

0 

0 

8 

3 

4 

8 

6 

8 

8 

8 

15 

3} 

8 

19 

0* 

9 

2 

104 

9 

6 

8 

9 

10 

5* 

9 

9 

17 

H 

10 

1 

5 

10 

5 

84 

10 

10 

0 

10 

14 

H 

10 

10 

19 

h 

11 

3 

9* 

11 

8 

«* 

11 

13 

4 

11 

18 

1 

20 

21 

18 

l 

22 

7 

7} 

22 

17 

14 

23 

6 

8 

23 

16 


30 

32 

17 

i£ 

33 

11 

5 

34 

5 

84 

35 

0 

0 

35 

14 

34 

40 

43 

16 

2} 

44 

15 


45 

14 

34 

46 

13 

4 

47 

12 


50 

54 

15 

2} 

55 

19 

04 

57 

2 

104 

53 

6 

8 

59 

10 

54 

60 

65 

14 

3} 

67 

2 10} 

68 

11 

5 

70 

0 

0 

71 

8 

H 

70 

76 

13 

4 

78 

6 

8 

80 

0 

0 

81 

13 

4 

83 

6 

8 

80 

87 

12 

4i 

89 

10 

54 

91 

8 

n 

93 

6 

8 

95 

4 

9 

90 

98 

11 

5 

100 

14 

3j 

102 

17 

14 

105 

0 

0 

107 

210 } 

100 

109 

10 

H 

111 

18 

l 

114 

5 

84 

116 

13 

4 

119 

0 ii} 

110 

120 

9 

«i 

123 

1 iof 

125 

14 

34 

128 

6 

8 

130 

19 

°4 

120 

131 

8 

6} 

134 

5 

84 

137 

2 104 

140 

0 

0 

142 

17 

if 

130 

142 

7 

7} 

145 

9 

«i 

148 

11 

5 

151 

13 

4 

154 

15 

2 } 

140 

153 

6 

8 

156 

13 

4 

160 

0 

0 

163 

6 

8 

166 

13 

4 

150 

164 

5 

8* 

167 

17 

»4 

171 

8 

Of 

175 

0 

0 

178 

11 

5 

160 

175 

4 

9 

179 

0 

Hi 

182 

17 

14 

186 

13 

4 

190 

9 

6i 

170 

186 

3 

9} 

190 

4 

9 

194 

5 

84 

198 

6 

8 

202 

7 

74 

180 

197 

2 10^ 

201 

*8 

6} 

205 

14 

34 

210 

0 

0 

214 

5 

84 

190 

208 

1 

10} 

212 

12 

44 

217 

2 

104 

221 

13 

4 

226 

3 

91 

200 

219 

0 

i‘i 

223 

16 

2i 

228 

11 

5 

233 

6 

8 

238 

1 

10$ 

210 

230 

0 

0 

235 

0 

0 

240 

0 

0 

245 

0 

0 

250 

0 

0 

220 

240 

19 

°i 

246 

3 

94 

251 

8 


256 

13 

4 

261 

18 

' 11 

230 

251 

18 

1 

257 

7 

7} 

262 

17 

14 

268 

6 

8 

273 

16 

24 

240 

262 

17 

li 

268 

11 

5 

274 

5 

84 

280 

0 

0 

285 

14 

34 

250 

273 

16 

2 i 

279 

15 

2 } 

285 

14 

34 

291 

13 

4 

297 

12 

4 

44 

260 

284 

15 

2 } 

290 

19 

04 

297 

2 

104 

303 

6 

8 

309 

10 

2 

54 

270 

295 

14 

3i 

302 

2 

10 } 

308 

11 

5 

315 

0 

0 

321 

8 

2 

61 

280 

306 

13 

4 

313 

6 

8 

320 

0 

0 

326 

13 

4 

333 

6 

4 

8 

290 

317 

12 

4} 

324 

10 

&4 

331 

8 

of 

338 

6 

8 

345 

4 

9 

300 

328 

11 

5 | 

335 

14 

3} 

342 

17 

14 

350 

0 

0 

357 

2 10} 



















OF THE COAL TRADE. 


717 


Table 2 . 

Showing the Amount of Coals at 3d. per Chaldron, allowing 21 to the 

Score. 


Chat. 

£. 

a. 

d. 

Chat. 

£. 

s. 

d. 

i- • • • 

. .0 

0 

3 

4 

50. 

.0 

11 

HI 

*•••• 

. . 0 

0 

l* 

60. 

.0 

14 

81 

!•••• 

..0 

0 


70. 

.0 

16 

8 

1. . .. 

. . 0 

0 

n 

SO. 

.0 

19 

H 

9 

. 0 

0 


90. 

. 1 

1 

5 

3. .. . 

..0 

0 


100. 

. 1 

3 

9.J 

4.... 

..0 

0 

Hi 

no. 

.1 

6 

H 

5. .. . 

. . 0 

1 

si 

120. 

. 1 

8 


6. . .. 

. .0 

1 

5 

130. 

. 1 

10 

"i 

7.. .. 

..0 

1 

8 

140. 

. 1 

13 

4 

8_ 

. .0 

1 

ioi 

150. 

. 1 

15 

H 

9. .. . 

. .0 

2 

If 

160. 

. 1 

18 

1 

10. . .. 

. .0 

2 

4A 

170. 

. 2 

0 

5i 

20... 

. .0 

4 

2 

9 

180. 

.2 

2 

2 

i«i 

30.... 

. .0 

7 

•i 

190. 


5 

03 

~4 

40. . ., 

. .0 

9 

«i 

200. 

.2 

7 

’i 


1 and 2 Wm. IV. c. 76. 

# 

An Act for regulating the vend and delivery of Coals in the cities of 
London and Westminster, and in certain parts of the counties of 
Middlesex , Surrey, Kent, Essex, Hertfordshire , Buckinghamshire, 
and Berkshire. 

Whereas the acts now in force for regulating the vend and delivery 
of coals in the cities of London and Westminster and the liberties 
thereof, and in certain parts of the counties of Middlesex, Surrey, Kent., 
and Essex, have been found insufficient to prevent the commission of 
frauds and impositions in the vend and delivery of such coals:—And 
whereas the objects intended to be effected by the said acts would be 
more effectually promoted, and the rates and charges which tend to in¬ 
crease the price of coals might be reduced, if the said acts were re¬ 
pealed, and other provisions were made in lieu thereof:—Be it enacted, 
that so much of the 9 Ann, c. 28. as directs that every fitter or other 
person vending or delivering coals, shall give a certificate to every 
ship master, every voyage, signed by his handwriting, containing the 
clay of the month and year of such loading, the master’s and ship’s 
names, and the exact quantity, and the visual names of the several and 
respective collieries out of which the said coals shall be wrought and 
gotten, and the price paid by the masters for each and every sort of 
coals, &c.; and also the 47 Geo. III. sess. 2. c. 68;—the 56 Geo. III. 
c. 21 ;—the 57 Geo, III. c. Ithe 57 Geo. III. c. 40*—and the 
































718 


OF THE COAL TRADE. 


9 Geo. IV. e. G5, be repealed after 31st Dec. 1831 : —Provided always, 
that the several acts and provisions repealed by the said recited acts or 
any of them shall not be revived, and that nothing herein contained 
shall have the effect of reviving any act or any provision of any act 
whatsoever. § 1. 

Coal Exchange vested in the Corporation of London. —The piece or 
parcel of land, with the buildings thereon, called “ The Coal Ex¬ 
change,” with the hereditaments and appurtenances, which by the said 
act of 47 Geo. III., was declared to be vested in the mayor and com¬ 
monalty and citizens of the city of London, shall continue and the same 
is hereby vested in them for the purposes of this act. § 3. 

To be an open market. —There shall continue to be in or upon the 
said coal exchange and hereditaments a free, open, and public market 
for the sale of coals brought into the port of London, which shall be 
called “ The Coal Market.” § 4. 

Clerks and officers. —It shall be lawful for the said mayor, aldermen, 
and commons of the city of London, in common council assembled, to 
continue and retain any clerk or other officer of the said coal market, or 
to appoint such other clerks and officers, with such salaries for their 
trouble and attendance there, as the said mayor, &c. shall think just 
and reasonable, and to remove or displace any of the said present or 
other clerks or officers, and to appoint other clerks or officers in their 
stead. § 5. 

Power to remove and enlarge the market. —It shall be lawful for the 
said mayor, &c. at any time to remove the said market to any other 
place, and also at any time to enlarge the said coal exchange, or other 
the place where the said market shall for the time being be holden. § 6. 

Corporation empowered to purchase tenements and hereditaments. 

§ 7 . 

New market subject to the same regulations as the present. —When 
any new market place shall be provided by virtue of this act, the same 
shall be vested in the said mayor and commonalty and citizens of Lon¬ 
don, and shall be subject to the same jurisdiction and regulations in all 
respects, and the like rates,-dues, and charges may be demanded, re¬ 
ceived, and taken at or in respect of the same, in the like manner and 
under the like authorities and provisions as if the said market had con¬ 
tinued to be holden on its present site.—When any new market place 
shall have been provided and opened, no market shall any longer be 
holden in the place from whence the said market shall have been re¬ 
moved. §§19 and 20. 

Seven days’ notice to be given of the opening of any new market. 

§ 21 . 

A duty of one penny per ton on coals , culm , and cinders , to be levied for 
defraying the expences of the market , Sfc. —For the purpose of defraying 
the charges and expences of such market, and of the purchase of the 
tenements and hereditaments hereby authorized to be purchased, and 
of erecting and supporting convenient buildings thereon, and for defray¬ 
ing the salaries and allowances of the several clerks and other persons 
employed in the execution of this act, and for defraying the other 
charges and expences of carrying the same into execution, and for pay¬ 
ing the compensations hereinafter directed or authorized to be made, 
and the monies hereinafter authorized to be borrowed or raised, 
and the interest thereof, and for creating a fund for the purposes 
hereinafter mentioned, it shall be lawful for the said mayor, &c., to 
demand r nd take, or cause to be demanded and taken, of and froifi 


OF THE COAL TRADE. 719 

every master of a ship or vessel laden with coals, cinders, or culm, or 
other person having the care or command thereof, arriving at her moor¬ 
ings within any part of the port of London at or to the westward of 
Gravesend, the sum of one penny per ton, and no more, for every ton 
of coals, cinders, or culm contained in such ship or other vessel;—and 
such sum of one penny per ton shall and may be collected, levied, re¬ 
covered, and paid in such and the like manner, and by, with, and under 
such powers, authorities, and provisions, as the other duty or duties or 
imposition or impositions on coals hereinafter made payable may be col¬ 
lected, levied, recovered, and paid respectively. § 23. 

When the duty to cease. —Provided always, that the costs, charges, and 
expences incident to and incurred in obtaining and passing this act shall 
be paid out of the money to be received by virtue of this act; and when 
such costs, &c., and the costs, charges, and expences of purchasing* 
tenements and hereditaments for the said market, and of making build¬ 
ings and other conveniences thereto, and the compensation hereinafter 
directed or authorized to be made, and the sums of money hereinafter 
authorized to be borrowed or raised, and the interest thereof, shall have 
been paid off and discharged, and the said duty of one penny per ton of 
coals, cinders, and culm shall be more than sufficient for maintaining, 
repairing, and supporting the said market, and of the several buildings 
and conveniences thereto, and for paying the said compensation, and 
the salaries and other payments and allowances to the clerks and other 
officers and persons employed in the execution of this act, and for de¬ 
fraying the several other charges of carrying the same into execution, 
then the residue of the monies to be received from the said duty shall 
from time to time be laid out or invested in the purchase of stock in 
some of the public funds, at interest, until the yearly dividends and 
interest of all the stocks, funds, and securities so purchased shall be 
sufficient for the payment of the salaries and other payments and allow¬ 
ances to the clerks and other persons employed in the execution of this 
act, and for defraying the several other charges and expences of carry¬ 
ing the same into execution ;—and when and so soon as the same divi¬ 
dends and interest shall be fully sufficient for the purposes last men¬ 
tioned, then and from thenceforth the said duty of one penny per ton 
of coals, cinders, and culm shall cease :—Provided always, that it shall 
be lawful for the said mayor, &c., again to raise such duty, or any part 
thereof, to any sum not exceeding the sum granted by this act, when it 
shall be necessary for the purposes thereof;—and such duty or any 
part thereof when so reduced or again raised, shall be collected, levied, 
and recovered in the same manner as the duty granted or continued by 
this act can or may be collected, levied, and recovered ;—and when and 
so often as the said duty, or any part thereof shall cease or be again 
renewed, the said mayor, &c. shall cause one calendar month’s previous 
notice of such cesser or renewal to be given by advertisement in the 
London Gazette , and by affixing notice thereof in writing on the door 
or some conspicuous place in the said coal market. § 24. 

By-lavjs to regulate the market. —It shall be lawful for the court of 
lord mayor and aldermen of the city of London, to make, ordain, and 
establish such orders, rules, and by-laws, and to amend, alter, or repeal 
the same, for the regulating, governing, and managing the said coal 
market, and all erections, buildings, works, matters, and things there¬ 
unto belonging, and also for the regulatingof all officers to be employed 
in such market, and all other persons coming thereto or transacting 
any business therein, as to the said court of lord mayor and aldermen 


720 OF TIIE COAL TRADE. 

shall seem just and reasonable,—and also as occasion shall require, to 
repeal, amend, and alter such rules, orders, and by-laws, and also to 
fix and appoint certain reasonable penalties or forfeitures for the non- 
observance or nonperformance or other breach of any such rule, order, 
or by-law, not exceeding the sum of jive pounds for any one offence ;—• 
and all such penalties and forfeitures shall and may be recovered by 
such ways and means as any other penalties or forfeitures may be re¬ 
covered by virtue of this act:—Provided always, that no such rule, order, 
or by-law be repugnant to or inconsistent with the laws of that part of 
the United Kingdom called England, or contrary to the directions and 
provisions in this act contained. § 32. 

To be approved and allowed by one or more of the judges. § 33. 

By-laws to be printed and published. —Provided always, that all 
such orders, rules, and by-laws so to be from time to time made, 
altered, amended, or repealed by the said court of lord mayor and 
aldermen, shall be printed; and such orders, and the several altera¬ 
tions and amendments made therein, and the repeal thereof respec¬ 
tively, shall also be made public in such other manner as the said court 
of lord mayor and aldermen shall think proper, and shall from time to 
time order and direct. § 34. 

Accounts to be laid before parliament. —The said mayor, aldermen, 
and commons shall once in each and every year, or oftener if required, 
lay before both houses of parliament an account of the produce of the 
said duty of one penny per ton hereby granted and made payable upon 
coals, cinders, and culm, and also of all receipts and disbursements re¬ 
ceived or paid for or on account of the said market. § 42. 

Coals shall be sold by weight. —All coals, cinders, and culm which 
shall be sold from and out of any ship or vessel in the port of London, 
—or at any place within the cities of London and Westminster, or 
within the distance of twenty-five miles from the general post-office in 
the city of London, shall be sold by weight and not by measure. § 43. 

For preventing the sale of one sort of coals for another. —If any 
seller of or dealer in coals shall knowingly sell one sort of coals for and as 
a sort which they really are not, within the said port of London, or at any 
place within the cities of London and Westminster, or within the dis¬ 
tance of twenty-five miles from the post office aforesaid, every such seller 
or dealer shall forfeit the sum of ten pounds per ton for every ton of 
coals so sold, and so in proportion for any smaller quantity ;—and such 
seller or dealer shall not be subject or liable to any penalty imposed by 
the said act of 9 Ann, or by an act made in 3 Geo. II. (c. 26.) intituled 
“ An Act for the better regulation of the coal trade,” on every person 
who shall knowingly sell one sort of coals for and as a sort which they 
really are not:—Provided always, that no seller or dealer shall be sub¬ 
ject to such penalty for oivin respect of any number of tons exceeding 
twenty-five tons for the same offence. § 45. 

Lightermen may carry on partnership with coal dealers. —It shall 
be lawful for any lighterman to enter into any copartnership with any 
woodmonger, or other person, in the trade or business of a coal dealer, 
and to carry on as co-partner with such person such trade or business 
of a coal dealer or dealers, and to keep, use, and employ as such co¬ 
partners their own lighters, barges, or other craft in and for the carry¬ 
ing of coals to and from any such ship, or other vessel in the river 
Thames, and to and from any wharf, dock, creek, or other place what¬ 
soever on or near the said river Thames, without being subject to any 
penalty or penalties for any such joint trading together, any act, statute, 


721 


OP THE COAL TRADE. 

by-law, or ordinance whatsoever to the contrary thereof in anywise not¬ 
withstanding :—Provided nevertheless, that nothing herein contained 
shall be construed to extend so as to authorize or empower any lighter¬ 
man to be or become jointly interested with any woodmonger or other 
person whomsoever, (not being a lighterman,) in the trade or business 
of carrying in lighters, barges, or other craft for hire any sort of descrip¬ 
tion of goods whatsoever, other than and except only such coals as may 
be lightered by them in their said trade of coal dealers. § 46 . 

Seller's ticket to be sent with coals. Exception. Weighing Machine. 
—With any quantity of coals exceeding Jive hundred and sixty pounds 
delivered from any lighter, ship, barge, or other craft, or from any wharf, 
warehouse, or other place within the cities of London and Westminster, 
or within the distance of twenty-five miles from the post office afore¬ 
said, the seller shall deliver or cause to be delivered to the purchaser 
thereof, or to his agent or servant, immediately on the arrival of the 
cart, waggon, or other carriage, or lighter, barge, or craft, in which such 
coals shall be sent, and before any of such coals shall be unloaded, a 
paper or ticket in the form following; (that is to say,) 

Mr. A. B., [here insert the name of the buyer,'] 

Take notice, that you are to receive herewith [here insert the number J 
tons [here insert the name of the coal, if any particular sort is ordered 
or contracted for, and , if ordered or contracted for as Walls End, 
specify the name of the colliery ] coals in [here insert the number] sacks 
containing [here insert the weight] pounds of coal in each sack. 

“ Signed C. D. [here insert the name or names of the seller 
or sellers in words at full length.] 

E, F. [here insert the name of the carman in words 
at full length.] 

^The act of the Second William the Fourth, chapter [a blank in the 
act] directs, that with any quantity of coals exceeding five hundred and 
sixty pounds, a paper or ticket describing the quantity, (and, if any 
particular sort is ordered or contracted for, the sort of the coals sent by 
the seller,) shall be delivered to the purchaser, or his agent or servant, 
before any part of such coals shall be unloaded ;—that a weighing 
machine shall be carried with every waggon, cart, or other carriage, 
and the carman is required to weigh gratuitously any sack or sacks of 
coals which shall be chosen by the purchaser, or his agent or servant; 
and if any carman refuses to weigh such sack or sacks of coals as afore¬ 
said,—or drives away the waggon, cart, or other carriage before the coals 
are weighed,—or otherwise obstructs the weighing thereof,—he is liable 
to a penalty not exceeding twenty pounds.” 

Penalty on seller for neglect. —And in case any such seller do not 
deliver, or cause to be delivered, such ticket to the purchaser or to his 
servant, before any part of such coals are unloaded, every such seller 
shall forfeit any sum not exceeding twenty pounds: ;—and in case the 
carman, driver of, or other person attending any such cart, waggon, or 
other carriage,—or the person having the charge of the lighter, 
barge, or craft, laden with any such coals,—to whom any such ticket 
shall have been given by or by the orders of the seller, in order to be 
delivered to the purchaser, shall (having so first received the same from 
the seller, or any person by the direction of the seller) refuse or neglect 
to deliver such ticket to the purchaser or his servant, before any part of 
such coals shall be unloaded, such carman, &c. shall forfeit any sum not 
exceeding twenty pounds: —Provided always, that coals delivered to 
any seller or-dealer in coals, or to any person or persons purchasing 


722 OF THE COAL TRADE 

the same at the coal market, may be delivered without any such paper 
or ticket. § 47. 

Coals to be delivered in sacks. Exception. —All coals sold from any 
lighter, barge, or other craft, or from any wharf, &c. as aforesaid, in 
any quantity exceeding Jive hundred and sixty pounds , (except coals 
carried and delivered in bulk as hereinafter mentioned,) shall be carried 
and delivered to the respective purchasers thereof in sacks, each sack 
containing—either one hundred and twelve pounds,—or two hundred 
and twenty-four pounds net;—Provided always, that coals delivered by 
gang labour may be conveyed in sacks containing any weight. § 48. 

Coals may be delivered in bulk. —Provided always, that any coals 
sold from any ship, lighter, barge, or other craft, or from any wharf, &c. 
as aforesaid, in any quantity exceeding Jive hundred and sixty pounds, 
may be carried and delivered to the respective purchasers thereof, 
in bulk in carts or other carriages, or in any lighter, barge, or other 
craft:—Provided also, that in every case, where any such coals shall be 
carried and delivered in bulk, the weight of such cart or other carriage, 
as well as of the coals contained therein, shall be previously ascertained 
by a weighing machine fixed for that purpose on the wharf or place 
from which the coals shall be brought;—and the seller’s ticket shall in 
such cases state the weight of the cart or other carriage, as well as the 
weight of the coals contained therein ;—and if any sellers or dealers in 
coals shall carry or deliver to the purchaser by any cart or other car¬ 
riage, any quantity of coals exceeding five hundred and sixty pounds in 
bulk, without having a weighing machine fixed up on his wharf or 
place, or without having previously ascertained by such weighing- 
machine the weight of the cart or other carriage, and the weight of the 
coals contained therein, then and in every such case such seller or 
dealer shall for every such offence forfeit and pay any sum not exceeding 
Jifty pounds. § 49. 

Carman to weigh the carriage and the coals , if required. —The 
carman or driver of any cart, waggon, or other carriage in which any coals 
exceeding in quantity Jive hundred and sixty pounds shall be carried 
in bulk, for delivery to the purchaser from any ship, lighter, barge, or 
other craft, or from any wharf, &c. as aforesaid, shall (in case he shall be 
required so to do by the purchaser or his servant, or other person acting 
on the behalf of such purchaser) weigh the waggon or other carriage, 
with the coals therein, at any public weighing machine for carts or car¬ 
riages which may be situate on the road between the place from which 
the coals shall be brought and the place of delivery, or at any point 
within the distance of one hundred yards from any part of such road; 
—and such carman or driver is also hereby directed (in case he shall be 
required so to do by the purchaser, or any such other person as afore¬ 
said,) to weigh in like manner the cart, waggon, or other carriage, 
without the coals,—and if any such carman or driver sliall neglect or 
refuse when so required as aforesaid to weigh the cart, waggon, or 
other carriage, either with or without the coals, such carman or driver 
shall forfeit any sum not exceeding ten pounds :—Provided always, that 
no carman or driver shall be compelled or obliged to weigh the cart, 
waggon, or other carriage, without the coals, until after the same shall 
have been delivered,-—and that no such carman or driver shall be 
obliged to go back or return to any such public weighing machine 
as aforesaid, for the purpose of weighing the cart, waggon, or other 
carriage, either with or without the coals, after he shall have passed the 
same. § 50. 


OF THE COAL TRADE. 


723 


Deficiency in weight. —If in any case where any coals shall be deli¬ 
vered in bulk to the purchaser from any ship, lighter, barge, or othc^ 
craft, or from any wharf, &c. as aforesaid, a less quantity shall be 
delivered than shall be expressed in the ticket to be delivered therewith 
as aforesaid, the seller shall forfeit any sum not exceeding ten pounds ; 
*—and if the deficiency shall exceed two hundred and twenty-four 
pounds, the seller or sellers shall forfeit any sum not exceeding fifty 
pounds. § 51. 

Carman to carry a weighing machine. —If any carman or driver of 
any cart, waggon, or other carriage laden with coals for sale, or to be 
delivered to the purchaser thereof, by any seller of, or dealer in, or 
carrier of coals from any ship, lighter, barge, or other craft, or from any 
wharf, &c. as aforesaid, shall not have placed in, on, or under his cart, 
waggon, or carriage a perfect weighing machine marked at Guildhall, 
London , by the proper officer there, (for which the sum of two shillings 
and sixpence shall be paid and no more,) which machine shall be of the 
form, size, and dimensions of the machine approved by the lord high 
treasurer, or any three or more of the Lords Commissioners of his 
Majesty’s Treasury, and deposited at the office of the hall-keeper of 
the city of London , (to which any person shall have access between the 
hours of ten in the morning and two in the afternoon,) and shall be 
provided by the seller or dealer in, or carrier of such coals, then every 
such carman or driver not having such machine so placed therein, 
thereon, or thereunder, shall for every such offence forfeit and pay any 
sum not exceeding ten pounds; —and the seller or dealer in, or carrier 
of such coals, shall forfeit and pay any sum not exceeding twenty 
pounds :—Provided always, that coals which shall be carried or con¬ 
veyed in bulk,—or in any cart, waggon, or other carriage belonging to 
the purchaser of such coals, may be so carried or conveyed without the 
carman being obliged to carry a weighing machine therewith, or any 
person being subject or liable to the penalty in respect thereof. § 52. 

Carman required to weigh any of the sacks in the cart. —Provided 
always, that the carman or driver of any cart, waggon, or other car¬ 
riage in which coals shall be carried in sacks for delivery to the pur¬ 
chaser thereof, from any ship, lighter, barge, or other craft, or from any 
wharf, &c. as aforesaid, shall and he is hereby directed to weigh, (if he 
shall be required so to do,) any one or more of the sacks contained in 
any such cart, waggon, or other carriage, which may be chosen by the 
purchaser of the said coals or his servant, or other person acting on 
the behalf of such purchaser with the coals therein,—and also afterwards 
to weigh in like manner such sack without any coals therein. § 54. 

Penalty on carman for driving coals away without weighing , if re¬ 
quired. —If any carman or driver of any cart or waggon or other car¬ 
riage in which coals shall be carried in sacks, &c. as aforesaid, shall 
neglect or refuse to weigh by the said machine any such sack or sacks 
of coals in manner hereinbefore directed, when thereunto required by 
the purchaser or by his servant or other person acting by, or under the 
authority of such purchaser,—or if any such carman or driver shall 
drive away, or permit or suffer the said cart, waggon, or other carriage 
to be driven away, without weighing in manner herein directed the said 
sack or sacks of coals,—or shall hinder, obstruct, or otherwise prevent 
the purchaser or his servant, or any other person whomsoever, from 
examining the said machine, or weighing all or any of the sacks of 
coals in his cart, &c. then every such carman or driver shall forfeit any 
sum not exceeding twenty pounds nor less than five pounds . § 55. 

3 a 2 


724 


OF THE COAL TRADE. 


All the coals sent to be weighed f, if desired by the. purchaser. —Pro¬ 
vided always, if any purchaser or his servant, or any other person 
acting by, for, or under the authority of such purchaser, who shall 
require any sack or sacks of coals to be weighed as aforesaid, shall find 
the coals therein to be deficient in weight, and shall signify to the 
carman or other person attending such cart, waggon, or other carriage, 
his desire to have all the coals contained in such cart, wag;gon, or other 
carriage, or any part of such coals, weighed or re-weighed in the 
presence of some constable, police officer, or other indifferent and cre¬ 
dible person, then and in every such .case the carman or driver of such 
cart, waggon, or other carriage in which such coals shall be brought 
shall and he is hereby required to continue and remain at or before the 
house, lodging, or other premises of the purchaser or purchasers of such 
coals, with such coals, and the cart, waggon, or other carriage, until 
such coals are weighed;—and if any such carman or driver shall drive 
away, or permit or suffer to be driven away, such cart, waggon, or other 
carriage, before the coals contained therein shall be weighed, without 
the consent of the purchaser thereof or his servant, or such other person 
as aforesaid, then such carman or driver shall for every such offence 
forfeit any sum not exceeding twenty pounds. § 56. 

Purchaser to procure the attendance of a constable , fyc. if desirous 
of having the coals reweighed. —Be it further enacted, that such pur¬ 
chaser or his servant or other person as aforesaid, so desiring such coals 
contained in such cart, waggon, or other carriage to be weighed, shall, 
and he is hereby required to procure the attendance of some constable, 
police officer, or other indifferent and credible person, to be present at 
the weighing of such coals ;—and all the said sacks, both with and 
without the coals therein, shall accordingly be weighed with the said 
machine by the carman or other person attending such cart, waggon, or 
other carriage, in the presence of the purchaser of the said coals, or of 
his agent or servant, (if they or any of them shall attend to see the same 
weighed,) and of such constable, police officer, or other person ;—and in 
case such purchaser or his agent or servant, shall not attend for the 
purpose of seeing such coals so weighed, then such carman or other 
person shall proceed in the weighing of such sacks in his, her, or their 
absence;—and in case such carman or other person shall refuse or 
neglect to weigh such sacks, or any of them, in manner aforesaid, he 
shall forfeit any sum not exceeding ten pounds; —and the constable, 
police officer, or any other person who may be present, may weigh the 
said sacks or any of them, as aforesaid ;—and in case upon the weighing 
of any such sack it shall happen that any sack or sacks shall not contain 
either one hxnidred and twelve pounds or two hundred and twenty-four 
pounds net of coals , (as the case may be,) then and in every such case 
the seller of such coals shall for every such sack of coals that shall be 
so found deficient forfeit any sum not exceeding^re pounds. § 57. 

No quantity less than 560 pounds weight of coals to be sold without 
being weighed. —All coals sold in any quantity less than five hundred 
and sixty pounds,—or in the quantity of five hundred and sixty pounds, 
—from any place, or from any cart or other carriage, within the cities 
of London and Westminster , or within the distance of twenty-five miles 
from the Post Office aforesaid, shall be weighed previous to being delivered 
to the purchaser of such coals,—and also, if required by such purchaser 
or his agent or servant, in the presence of such purchaser or his agent 
or servant;—and if any seller or dealer in coals shall deliver to the 
purchaser thereof, within the cities of London and Westminster , or 


725 


OF THE COAL TRADE. 

within the distance of twenty-five miles from the Post Office aforesaid, 
any quantity of coals less than five hundred and sixty pounds,—or the 
quantity of five hundred and sixty pounds,—without previously weigh¬ 
ing the same,—and also, if required by such purchaser or his agent or 
servant, in the presence of such purchaser or his agent or servant, then 
and in every such case such seller or dealer shall for every such offence 
forfeit any sum not exceeding^ue pounds. § 58. 

Weighing machines to be kept at watch-houses and police stations. §59. 

City dues. —After reciting the charter of James I.—be it therefore 
further enacted, that during the term of seven years, to be computed 
from the 31st day of December, 1831, the lord mayor of the said city 
of London , and the said mayor and commonalty and citizens, shall not 
exercise any right of measuring or weighing coals, or any other rights 
with respect to coals to which they are, or may be entitled, by prescrip¬ 
tion, or by the said charter and acts of parliament, or otherwise ;—ami 
that the rate or duty of twelve-pence for every ton of coals, cinders, and 
culm imported or brought into the port of London shall be collected 
and may be recovered in manner hereinafter mentioned ;—and the sum 
o £ four-pence for every ton, part thereof, shall be applied in the same 
manner as the sum in the said charters mentioned to be payable for 
metage would be applicable :—and the sum of eight-pence for every ton, 
residue thereof, shall be applied in the same manner as the said impo¬ 
sitions, rates, or duties of four-pence per chaldron, and sixpence for 
every chaldron or ton, made payable by the said act of parliament, 
would be applicable. § 60. 

Rights of the corporation of London to be resumed after seven years 
or sooner if the duty of twelve-pence shall cease. § 61. 

Inland coals. —After reciting the 6 Geo. IV. c. Ill. be it therefore 
further enacted, that during the term of seven years from the 3lst day 
of December, 1831, the sum of one shilling and three-pence per ton on 
coals, culm, and cinders brought by the Grand Junction and Paddington 
canals nearer to London than the stone or post at or near the north¬ 
east point in Grove Park in the county of Hertford ,—or brought down 
the Thames nearer to London than the city’s stone placed on the west 
side of Staines Bridge in the county of Middlesex, shall not be paid ;— 
and in lieu thereof, and of all such other rates and duties, the sums of 
one shilling and one penny per ton on coals, culm, and cinders brought 
nearer to London on the said canals and river than the places aforesaid 
shall be paid to such persons at such places, in such manner, and under 
such regulations, as the said mayor, aldermen, and commons, in common 
council assembled, shall from time to time direct and appoint ;—and 
the receipt of such persons shall be a valid and effectual discharge for 
the same ;—and in case of neglect or refusal to pay such duties, or any 
part thereof, on demand, to such persons as aforesaid, then it shall be 
lawful for the said mayor, &c. to sue for the same by action of debt or 
upon the case, in the name of the mayor and commonalty and citizens 
of the said city of London, in any of his Majesty’s courts of record at 
Westminster ; —or the persons to whom the said duty ought to have 
been paid may, and they are hereby empowered, either at the time of 
the barge or other vessel containing such coals, &c. passing the place 
appointed for receiving such duty, or at any time afterwards to seize 
and detain such barge, and the coals &c. for or in respect whereof 
the said duties ought to be paid, until payment thereof, together with 
reasonable charges for such seizure and detention ;—and if the same 
shall not be redeemed within Jive days after the taking thereof, the same 


OP THE COAL TRADE. 


7:26 

may be appraised and sold as the law directs in case of distress for rent. 
—Provided always, nevertheless, that when the said duty or sum of one 
penny per ton first hereinbefore authorized to be taken shall cease, the 
said last-mentioned duty or sum of one penny shall also cease, and the 
said duty or sum of one shilling per ton shall be payable as aforesaid, 
without the said duty or sum of one penny per ton ;—and when and as 
often as the said first-mentioned duty, or any other renewed duty in lieu 
thereof, shall again be payable as aforesaid, a sum or duty of the like 
amount shall be payable, together with the said rate or duty of one 
shilling per ton, in manner herein-before mentioned. § 64. 

The duty of Is. 3 d. to be resumed after seven years. —Provided al¬ 
ways, that at the end of seven years, (and also if at any earlier period 
the said duties of one shilling and one penny per ton shall cease to be 
payable as aforesaid,) the said mayor and commonalty and citizens shall 
thereafter be entitled to the said duty of one shilling and three-pence 
per ton, and that in as full, ample, and beneficial a manner to all intents 
and purposes as if this act had not been made. § 65. 

Duties to be paid to the clerk of the coal market before bulk is broken. 
—The rates or duties of one penny and twelve-pence per ton on coals, 
cinders, and culm, made payable by this act, shall be paid by every 
owner or master, or other person having the command or charge of the 
ship or other vessel laden with such coals, cinders, or culm, or by the 
factor thereof, before bulk shall be broken, or any of such coals, cinders, 
or culm in such ship or vessel shall be unladen, and the same shall be 
paid at the said coal market for the time being, to one of the clerks of 
the said market; and the certificate or certificates of any clerk of the 
coal market, that the rates or duties on the coals, cinders, or culm in 
ayy ship or vessel have been paid, shall be an effectual discharge for the 
same ; and if any of the said clerks shall refuse, on demand, to receive 
the said rates or duties, or to give a certificate for the same, without fee 
or reward, such clerk shall for every such offence forfeit any sum not 
exceeding ten pounds. §69. 

Breaking bulk before payment of the duties. —If the bulk of any ship 
or vessel laden with coals, cinders, or culm liable to the duties hereby 
imposed, shall be broken, or any of such coals, cinders, or culm shall 
be unladen, before the rates or duties made payable by this act shall have 
been paid, the master or owner of such ship or vessel shall for every such 
offence forfeit and pay any sum not exceeding twenty-five pounds. § 70. 

Custom-house officers not to cancel bond before duties are paid .— 
And to the intent that the rates or duties aforesaid may be duly ac¬ 
counted for and paid, be it further enacted, that no collector or other 
officer of his Majesty’s customs shall on any pretence whatever cancel 
any bond which shall have been entered into by the master or owner, or 
other person, having the command or charge of any ship or other vessel 
which shall have been laden with coals, cinders, or culm liable to the 
duties hereby imposed, unless and until a return has been made by the 
clerk of the coal market to the coast office at the custom-house, London, 
that the owner, master, or other person having the command or charge 
of such ship or other vessel has paid the rates or duties by this act im¬ 
posed ; and the clerk of the coal market shall, within seven days after 
the said rates or duties have been paid upon any such ship or vessel, 
transmit to the said coast office a return stating the name of the ship, 
and the number of tons upon which the said rates or duties have been 
paid, upon pain of forfeiting for every such offence any sum not exceed¬ 
ing twenty five pounds. § 71. 


727 


OF THE COAL TRADE. 

Manner of recovering rates and duties. —And to the intent that the 
rates and duties imposed by this act may be more effectually collected 
and levied, be it enacted, that in case any owner or master of any ship 
or other vessel shall neglect to pay the same, it shall be lawful for any 
other person or persons appointed for that purpose by the said mayor, 
aldermen, and commons, in common council assembled, to go on board 
such ship or other vessel to demand, collect, and receive the said rates 
or duties, and on nonpayment thereof to take and distrain any such ship 
or other vessel, and all the tackle, apparel, and furniture thereto belong¬ 
ing, or any part thereof, and all or any part of the coals, cinders, or 
culm in respect whereof such rates or duties shall be payable, either on 
board such ship or other vessel or on land, and the same to retain until 
the respective rates or duties shall be satisfied and paid; and in case of 
any neglect or default in payment of the said rates or duties for the space 
of Jive days after any distress or distresses so made or taken, that then 
it shall be dawful for the said person or persons appointed as aforesaid 
to cause the same to be appraised by two or more sworn appraisers or 
other sufficient persons, and afterwards to sell the said distress or dis¬ 
tresses, and out of the produce of the sale thereof to satisfy themselves 
or himself, as well for and in respect of their or his reasonable charges 
in taking, keeping, appraising, and selling the same, as also for and in 
respect of the said rates and duties and every of them, rendering the 
overplus (if any such there be) to the owner, upon demand; and it 
shall be lawful for the said mayor and commonalty and citizens, in case 
of nonpayment of the rates and duties as aforesaid, instead of recovering 
the same in manner aforesaid, or in case the whole thereof shall not be 
so recovered, to proceed for the recovery of the same, or so much thereof 
as shall not be so recovered, by action of debt, or on the case in any 
court of record at Westminster. § 72. 

Persons evading payment of duties to remain liable. —If any master, 
owner, or other person having the command or charge of any ship or 
other vessel, or the owner or factor of any coals, cinders, or culm, shall 
by any means whatsoever at any time or times elude, evade, or avoid 
the payment of the rates or duties hereby made payable in respect 
thereof, or any part of the same, every person eluding, evading, or 
avoiding payment as aforesaid shall forfeit and pay to the said mayor 
and commonalty and citizens a sum equal to the amount of such rates 
and duties, and shall also stand charged with and be liable to the pay¬ 
ment of the said rates and duties ; which rates and duties as well as the 
forfeiture incurred by having eluded, evaded, or avoided the payment 
thereof, shall and may be recovered from such master, or owner, or 
factor, or such person having such command or charge respectively, 
at any time or times, either by the means hereinbefore prescribed for 
the levying the said rates or duties, and by the same method, or in 
such manner as is hereinafter directed for levying and recovering the 
fines, forfeitures, and penalties imposed by this act, and with the like 
costs. § 73. 

Owners of ships may compound for the number of tons in respect of 
which the duties shall be paid. —In order to prevent any trouble in 
ascertaining the quantity of coals, cinders, or culm contained in any 
ship or vessel, it shall be lawful for the said mayor, aldermen, and 
commons of the city of London, in common council assembled, or any 
committee or committees appointed by them, to agree and compound 
with the master, owner, or agent of any such ship or other vessel, that 
the same shall on any voyage or voyages, with respect to the rates or 


728 


OF THE COAL TRADE. 


duties hereby made payable, be considered to contain such number of 
tons of coals, cinders, or culm as the said mayor, aldermen, and com¬ 
mons, in common council assembled, or such committee or committees, 
upon consideration, shall think reasonable; and a certificate of such 
composition, signed by the town clerk of the said city for the time being, 
expressing the number of tons of coals, cinders, or culm agreed to be 
considered to be contained in such ship or vessel, in respect of which 
the rates or duties imposed by this act shall be payable, shall be given 
to the master or owner of such ship or vessel: provided always, that if 
any such ship or other vessel shall, after such composition, be enlarged, 
repaired, altered, or varied, whereby or by means whereof a larger, 
quantity of coal can be carried in such ship or vessel, such composition 
shall be void; and if the master or owner of any such ship or other 
vesssel shall omit to give notice to the clerk of the coal market of any 
such enlargement, reparation, alteration, or variation as aforesaid, 
or shall pay the amount of such composition as if no such enlarge¬ 
ment, reparation, alteration, or variation had been made, he shall for 
every such offence forfeit and pay any sum not exceeding Jifty pounds. 
§74. 

Fitters ’ certificates .—Every fitter or other person vending or deliver¬ 
ing coals for the port of London shall send, in a letter directed to the 
clerk of the coal market, and put into the General Post Office on the 
day on which the ship or vessel containing any coals shall sail on any 
such voyage, or shall give to the ship muster of such ship or vessel, 
before the same shall sail on every or any such voyage, a certificate 
signed by such fitter, containing the day of the month and year of such 
loading, the master’s and ship’s names, and the quantity of tons, and 
the usual names of the several and respective collieries out of which 
the said coals are and shall be wrought and gotten, and the price paid 
by the master or masters for each and every sort of coals that each and 
every fitter or other person vending or delivering coals as aforesaid, his 
or their agent or servant, hath sold and loaded on board each and every 
ship or vessel; and in case any person or persons omit or refuse to 
give such certificate as aforesaid, or shall^give or make any false certi¬ 
ficate, every person so offending shall for every such offence forfeit and 
pay the sum of one hundred pounds; and where such certificate shall 
be given to the ship master, he shall, upon the arrival of the said ship 
or vessel at the port of London, deliver, or cause to be delivered, such 
certificate at the office of the clerk of the coal market; and every fitter 
who shall send or give any such certificate as aforesaid shall, on or be¬ 
fore the expiration of three calendar months next after the same shall 
have been given, send, in a letter directed to the said clerk of the coal 
market, and put into the General Post Office, or delivered at the office 
of the said clerk of the coal market, an affidavit, according to the form 
in* the schedule to this act annexed, sworn by him before one of his 
Majesty’s justices of the peace, (and which oath any such justice is 
hereby authorized to administer,) in which affidavit such fitter shall 
verify such certificate alone or together with any other certificates which 
may have been sent or given by him in the mean time ;— 

In case of loss of certificate , or of ship’s destination being changed .— 
And in case it shall happen that such fitter’s certificate shall at any 
time be accidentally lost, or in case any such ship or vessel shall have 
been originally loaded or entered outwards for exportation, and shall 
afterwards change her destination, and arrive or come into the port of 
London without any such fitter’s certificate having been obtained or 


OF THE COAL TRADE. 


729 


provided, then and in either of such last-mentioned cases each and 
every master of such ship or vessel shall deliver, or cause to be deli¬ 
vered, a like account of the quantity and name or names, or description 
or descriptions of the coals on board of such his ship or vessel, at the 
office of the clerk of the coal market, together with an affidavit to accom¬ 
pany such account, and to be sworn by such master before any of his 
Majesty’s justice or justices of the peace for the county, city, town, or place 
where the same shall be sworn, (and which oath any such justice or justices 
is and are hereby authorized to administer,) in which affidavit such master 
shall state and verify such circumstances, either of the accidental loss of 
any such certificate, or of any such ship having been originally entered 
outwards, and having afterwards changed her destination and arrived 
as aforesaid, without any such certificate having been obtained or pro¬ 
vided (as the case may be ;) and such clerk or other officer is hereby 
required to receive and register such certificate or certificates as afore¬ 
said, account or accounts, together with the affidavit or affidavits accom¬ 
panying any such account or accounts as aforesaid ;— 

Penalty for false certificate or non delivery ; or neglect to register , or 
refusing to show certificate. —And in case any master of any ship or 
vessel shall knowingly give in any false certificate or account as afore¬ 
said to be registered, or shall not, when no certificate shall have been 
sent by the post, within twenty-four hours after the arrival of his ship 
at her moorings in the port of London deliver, or cause to be delivered, 
in his certificate or such account and affidavit as aforesaid, to be regis¬ 
tered in manner aforesaid, every person so offending shall for every 
such offence forfeit and pay any sum not exceeeding one hundred 
pounds; and if the person or persons who ought to register, file, or 
enter such certificate or account, or his or their clerk or deputy offi¬ 
ciating in such office, shall neglect to register the same for the space of 
twenty-four hours after the delivery of such certificate or account into 
such office or offices, or shall make a false entry of such certificate or 
account, or refuse to show and produce such certificate or account, and 
registry thereof, to any person or persons coming between the hours of 
twelve and two to see and inspect the same, and take extracts therefrom, 
every person so offending shall for every such offence forfeit and pay 
any sum not exceedingly? pounds. § 75. 

In certain cases master of ship to permit inspector to weigh coals .— 
No such certificate of composition shall have been given, and the said 
mayor, aldermen, and commons of the said city of London, in common 
council assembled, or any inspector appointed by them, shall not be 
satisfied with any such fitter’s certificate or account and affidavit as 
aforesaid, and shall require, before any coals shall be delivered from the 
ship or vessel respecting w hich the same shall have been given, that 
such coals shall be weighed^in order to ascertain whether such certificate 
or account and affidavit be correct, the master of such ship or vessel 
shall permit any such inspector to weigh the coals in such ship or vessel 
at the time of the delivery thereof;—and in case the quantity of coals 
in such ship or vessel shall exceed the quantity mentioned in the fitter’s 
certificate thereof, or such account and affidavit as aforesaid, to the ex¬ 
tent of five pounds over and above every one hundred pounds of such 
coals, then, in addition to the penalty of one hundred pounds which 
will be incurred by sending or giving such false certificate or account as 
aforesaid, there shall be paid by the master of such ship or vessel to the 
inspector by whom such coals shall be weighed, a sum not exceeding 
three-pence per ton for or in respect of the trouble ol weighing the same, 


730 


OF THE COAL TRADE. 

and the use of the weighing machines employed for that purpose, which 
sum shall be recovered in the same manner as hereinafter is directed 
with respect to any penalty imposed by this act; but no payment shall 
be required by such inspector for trouble or the use of machines, in case 
the quantity of coals shall not be found to exceed the quantity stated in 
such certificate or account as aforesaid to the extent hereinbefore men¬ 
tioned. § 7(5. 

Recovery and application of fines and penalties not exceeding 
£2 %.—All fines, penalties, or forfeitures by this act, or by virtue 
of the powers and authorities thereof, imposed, (the manner of levying 
and recovering whereof is not hereby otherwise directed,) not exceeding 
twenty-five pounds, shall be sued for within one calendar month after 
the offence or offences committed ; and all such fines, penalties, and 
forfeitures shall be levied and recovered before any justice or justices of 
the peace for the county, city, or place where the offence shall be com¬ 
mitted; and such justice or justices is and are hereby empowered and 
required, upon information or complaint to him or them made, to grant 
a summons or warrant to bring before him or them such offender or 
offenders at the time and place as shall be in such warrant specified; 
and if, on the conviction of the offenders respectively, either on his, her, 
or their confession, or on the evidence of any one or more credible 
witness or witnesses upon oath, (which oath such justice or justices is 
and are hereby empowered to administer,) such fine, penalty, or for¬ 
feiture shall not be forthwith paid, the same shall be levied by distress 
and sale of the goods and chattels of the offender or offenders, by war¬ 
rant under the hand and seal of such justice or justices ; and the over¬ 
plus of the money (if any) raised by such distress and sale, after de¬ 
ducting the fine, penalty, or forfeiture, and the costs and charges of 
making such distress and sale, shall be rendered to the owner of the 
goods and chattels so distrained; and for want of distress, or in case 
the fine, penalty, or forfeiture shall not be forthwith paid, it shall and 
may be lawful to and for such justice or justices to commit every such 
offender to the common gaol or house of correction for the county, city, 
or place where the offence shall be committed, there to remain without 
bail or inainprize for any time not exceeding six calendar months, un¬ 
less such fine, penalty, or forfeiture, and all reasonable charges attending 
the recovery thereof, shall be sooner paid; and all such fines, penalties, 
and forfeitures when recovered shall be paid into the hands of the 
overseers of the poor of the parish, township, or place where the same 
shall have been incurred, for the use of the poor of such parish, town¬ 
ship, or place. § 77. 

Justices may proceed by summons in the recovery of penalties .— 
In all cases in which by this act any penalty or forfeiture is made re¬ 
coverable before a justice of the peace, it shall be lawful for any justice 
of the peace to whom complaint shall be made of any offence against 
this act to summon the party complained against before him, and on 
such summons to hear, and determine the matter of such complaint, 
and on proof of the offence to convict the offender, and to adjudge him 
to pay the penalty or forfeiture incurred, and to proceed to recover the 
same, although no information in writing shall have been exhibited or 
taken by or before such justice ; and all such proceedings by sum¬ 
mons without information shall be as good, valid, and effectual, to all 
intents and purposes, as if an information in writing was exhibited. 

§ 7S. 

Power to the justice to give part of penalties to informers .—Provided 


OF THE COAL TRADE. 731 

always, that it shall be lawful for any justice or justices before whom 
any such conviction shall take place, if they or he shall think fit, to 
order and direct any part, not exceeding one-half, of such fines, 
penalties, and forfeitures, to be paid or applied to or for the use of the 
informer or informers, or other persons aiding or assisting in the appre¬ 
hension of the offender or offenders, or any of them. § 79. 

Expences of witnesses may be directed to be paid. —It shall be lawful 
for any justice or justices, before whom any person or persons shall be 
brought or convicted for any otFence for which a penalty is imposed by this 
act, to direct all or any part, according to the discretion of such justice or 
justices, of the reasonable expences of any constable, police officer, or other 
witness, of the matter which shall be charged, and of such compensation 
(if any) for the time and trouble of such witness, as such justice or 
justices shall think reasonable, to be paid either by the offender or 
offenders, or the complainant or complainants ; and the sum so ordered 
to be paid shall and may be recovered, together with any penalty of 
which the person by whom the same shall be ordered to be paid shall 
have been convicted, or without, in the same manner as any penalty is 
directed to be recovered by this act, and shall be paid to such constable, 
police officer, or other witness. § 80. 

Penalties incurred by carmen maybe recovered from their employers. 

§ Bl. 

Appeal to the quarter sessions. —It shall and may be lawful to and 
for any person or persons so convicted by any justice or justices of the 
peace, as before mentioned, of any offence or offences against this act, 
or against any rule, order, or by-law made in pursuance thereof, to 
appeal to the justices of the peace assembled at the next general quarter 
sessions, or general sessions to be holden for the county, city, or place 
where such conviction shall be made, on giving immediate notice of such 
appeal, and finding sufficient security to the satisfaction of such justice 
or justices for prosecuting the said appeal with effect, and abiding the 
determination of the court therein ; and such justices in such general 
quarter sessions or general sessions shall hear and determine the matter 
of such appeal, and may either confirm or quash and annul the said 
conviction, and award such costs to either party, as to them the said 
justices shall seem just and reasonable; and the decision of the said 
justices therein shall be final, binding, and conclusive; and no proceed¬ 
ings to be had or taken in pursuance of this act shall be quashed or 
vacated for want of form only, or be removed by certiorari, or any other 
writ or process whatsoever, into any of his Majesty’s courts of record at 
Westminster or elsewhere, any law or statute to the contrary thereof in 
anywise notwithstanding. § 82. 

For compelling attendance of witnesses. —It shall and may be lawful 
to and for any such justice or justices of the peace before whom any 
such fines, penalties, or forfeitures shall be sued for to summon before him 
or them any person who shall, in or by the complaint or information 
made to him or them, appear to be a necessary witness as to the matters 
thereby charged, to appear before him or them at a time and place to be 
specified in the summons ; and in case such person so summoned shall 
not appear according to such summons, then upon due proof of the 
service of such summons in manner aforesaid, such person so summoned, 
and not appearing in compliance therewith, shall forfeit and pay the 
sum of ' twenty-Jive pounds y to be levied and recovered in such manner, 
and by such ways and means as are herein-before directed as to other 
penalties; and it shall and may be lawful to and for the said justice or 


732 


OF THE COAL TRADE. 


justices to cause such person to be apprehended by warrant under the 
hand and seal, or hands and seals of such justice or justices, and to be 
brought before him or them; and thereupon, whether such person shall 
appear upon summons as aforesaid, or shall be apprehended as afore¬ 
said, such justice or justices shall and may proceed to examine him or 
her upon oath as to the matter of such complaint or information, and in 
case such person shall refuse to be sworn, or to answer, or to give evidence 
therein, then and in every such case it shall and may be lawful to and for 
such justice or justices, by warrant under his hand and seal, or their 
hands and seals, to commit such person so refusing to be sworn or to 
answer or to give evidence as aforesaid to the common gaol or house of 
correction of the city, county, or place in or for which such justice or 
justices shall then act, there to remain for any space of time not ex¬ 
ceeding six calendar months. § 83. 

Penalty on persons guilty of perjury. § 84. 

Penalties above £2b how to be recovered .—All fines, penalties, or 
forfeitures exceeding the sum of twenty-five pounds by this act imposed 
for any offence or offences committed against this act shall and may be 
recovered by action of debt, bill, plaint, or information in any of his 
Majesty’s courts of record at Westminster, wherein no essoign, protec¬ 
tion, wager of law, or any more than one imparlance, shall be allowed, 
by the person or persons who shall inform and sue for the same within 
three calendar months after the offence or offences shall be committed ; 
and one moiety of all such fines, penalties, or forfeitures shall be to and 
for the use of our sovereign lord the King, his heirs and successors, and 
the other moiety thereof (together with double costs of suit) shall be to 
and for the use of the person or persons who shall inform or sue for the 
same. § 85. 

Distress not to be unlawful for want of form, nor the parties to be 
deemed trespassers ab initio. § 86. 

Form of conviction. § 87. 

Plaintiff not to recover after tender of amends. § 88. 

Limitation of actions, three months. § 89. 


OF THE COAL TRADE 


733 


A TABLE of the RELATIVE WEIGHTS of CHALDRONS 
OF COALS, 

Brought into Tons, at the Legal Weight of 25J Cwts. 


Chals 

Tons. 

Cwts. 

Qrs. 

Lbs. 

Chals. 

Tons. 

Cwts. 

Qrs. 

Lbs. 

i 


6 

1 

14 

20 

25 

10 



i 

, f 

12 

3 


30 

3S 

5 



f 

. , 

19 

# # 

14 

40 

51 




1 

1 

5 

2 


50 

63 

15 



l 

1 

11 

3 

14 

60 

76 

10 




1 

18 

1 

, # 

70 

89 

5 



3 

2 

4 

2 

14 

80 

102 




2 

2 

11 

, , 


90 

114 

15 



i 

2 

17 

1 

14 

100 

127 

10 



h 

3 

3 

3 


110 

140 

5 



3 

3 

10 


14 

120 

153 




3 

3 

16 

2 

. # 

130 

165 

15 



3 

4 

2 

3 

14 

140 

178 

10 



| 

4 

9 

1 


150 

191 

5 



3 

4 

15 

2 

14 

160 

204 

.. 



4 

5 

2 

.. 


170 

216 

15 



1 

4 

5 

8 

1 

ii 

180 

229 

10 



i 

5 

14 

3 


190 

242 

5 



3 

A 

6 

1 

9 # 

14 

200 

255 

. . 



ft 

5 

6 

7 

2 


210 

267 

15 



J. 

6 

13 

3 

14 

220 

280 

10 



f 

7 

# # 

1 

# , 

230 

293 

5 



| 

7 

6 

2 

14 

240 

306 

.. 



6 

7 

13 


# m 

250 

318 

15 



i 

7 

19 

1 

14 

260 

331 

10 



1 

8 

5 

3 


270 

344 

5 



| 

8 

12 


14 

280 

357 

.. 



7 

8 

18 

2 

# # 

290 

369 

15 



3 

9 

4 

3 

14 

300 

382 

10 



L 

9 

11 

1 

# 9 

310 

395 

5 



| 

9 

17 

2 

14 

320 

408 




8 

10 

4 



330 

420 

15 



1 

10 

10 

1 

14 

340 

433 

10 



J 

10 

16 

3 


350 

446 

5 



3 

11 

3 

# 

14 

360 

459 




9 

11 

9 

2 

# , 

370 

471 

15 



i 

11 

15 

3 

14 

380 

484 

10 



4 

12 

2 

1 

9 . 

390 

497 

5 



3 

12 

8 

2 

14 

400 

510 




10 

12 

15 







J 
























734 


OF THE COAL TRADE. 


TABLE 

Showing the amount of any quantity of Coala, from 1 To?i to 300 
Tons; and from 12s. to 23s. per Ton , both inclusive. 


Tons. 

12 

12s. 3d. 

12s. (hi. 

12s. 9d. 


£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

1 

0 

12 

0 

0 

12 

3 

0 

12 

6 

0 

12 

9 

2 

1 

4 

0 

1 

4 

6 

l 

5 

0 

1 

5 

6 

3 

1 

16 

0 

1 

16 

9 

l 

17 

6 

1 

18 

3 

4 

2 

8 

0 

2 

9 

0 

2 

10 

0 

2 

11 

0 

5 

3 

0 

0 

3 

1 

3 

3 

2 

6 

3 

3 

9 

6 

3 

12 

0 

3 

13 

6 

3 

15 

0 

3 

16 

6 

7 

4 

4 

0 

4 

5 

9 

4 

7 

6 

4 

9 

3 

8 

4 

16 

0 

4 

18 

0 

5 

0 

0 

5 

2 

0 

9 

5 

8 

0 

5 

10 

3 

5 

12 

6 

5 

14 

9 

10 

6 

0 

0 

6 

2 

6 

6 

5 

0 

6 

7 

6 

20 

12 

0 

0 

12 

5 

0 

12 

10 

0 

12 

15 

0 

30 

18 

0 

0 

18 

7 

6 

18 

15 

0 

19 

2 

6 

40 

24 

0 

0 

24 

10 

0 

25 

0 

0 

25 

10 

0 

50 

30 

0 

0 

30 

12 

6 

31 

5 

0 

31 

17 

6 

60 

36 

0 

0 

36 

15 

0 

37 

10 

0 

38 

5 

0 

70 

42 

0 

0 

42 

17 

6 

43 

15 

0 

44 

12 

6 

80 

48 

0 

0 

49 

0 

0 

50 

0 

0 

51 

0 

0 

90 

54 

0 

0 

55 

2 

6 

56 

5 

0 

57 

7 

6 

100 

60 

0 

0 

60 

5 

0 

62 

10 

0 

63 

15 

0 

110 

66 

0 

0 

67 

7 

6 

68 

15 

0 

70 

2 

6 

120 

72 

0 

0 

73 

10 

0 

75 

0 

0 

76 

10 

0 

130 

78 

0 

0 

79 

12 

6 

81 

5 

0 

82 

17 

6 

140 

84 

0 

0 

85 

15 

0 

87 

10 

0 

89 

5 

0 

150 

90 

0 

0 

91 

17 

6 

93 

15 

0 

95 

12 

6 

160 

96 

0 

0 

98 

0 

0 

100 

0 

0 

102 

0 

0 

170 

102 

0 

0 

104 

2 

6 

106 

5 

0 

108 

7 

6 

180 

108 

0 

0 

110 

5 

0 

112 

10 

0 

114 

15 

0 

190 

114 

0 

0 

116 

7 

6 

118 

15 

0 

121 

2 

6 

200 

120 

0 

0 

122 

10 

0 

125 

0 

0 

127 

10 

0 

210 

126 

0 

0 

128 

12 

6 

131 

5 

0 

133 

17 

6 

220 

132 

0 

0 

134 

15 

0 

137 

10 

0 

140 

5 

0 

230 

138 

0 

0 

140 

17 

6 

143 

15 

0 

146 

12 

6 

240 

144 

0 

0 

147 

0 

0 

150 

0 

0 

153 

0 

0 

250 

150 

0 

0 

153 

2 

6 

156 

5 

0 

159 

7 

6 

260 

156 

0 

0 

159 

5 

0 

162 

10 

0 

165 

15 

0 

270 

162 

0 

0 

165 

7 

6 

168 

15 

0 

172 

2 

6 

280 

168 

0 

0 

171 

10 

0 

175 

0 

0 

178 

10 

0 

290 

174 

0 

0 

177 

12 

6 

181 

5 

0 

184 

17 

6 

300 

180 

0 

0 

183 

! 

15 

0 

I 

187 

10 

0 

191 

5 

0 


Note .—When the price is above 23s. the sum will be readily found by the addition 
uf such of the columns as makes the amount wanted. Example—If the price be 25.v 
add the column of 12s. and 13s.; and if 28s. add the amount of column 14s. to itself 

















OF THE COAL-TRADE 


735 


Tons. 

135. 

135 

. 3d. 

13.9. (id. 

13s. 9d. 

i 

£. 

s. 

d 

£. 

s. 

d. 

£. 

s. 

d. 

£. 

V 

S. 

d. 

1 

0 

13 

0 

0 

13 

3 

0 

13 

6 

0 

13 

9 

2 

1 

6 

0 

1 

6 

6 

1 

7 

0 

1 

7 

6 

3 

1 

19 

0 

1 

19 

9 

2 

0 

6 

2 

1 

3 

4 

2 

12 

0 

2 

13 

0 

2 

14 

0 

2 

15 

0 

5 

3 

5 

0 

3 

6 

3 

3 

7 

6 

3 

8 

9 

6 

3 

18 

0 

3 

19 

6 

4 

1 

0 

4 

2 

6 

7 

4 

11 

0 

4 

12 

9 

4 

14 

6 

4 

16 

3 

8 

5 

4 

0 

5 

6 

0 

5 

8 

0 

5 

10 

0 

9 

5 

17 

0 

5 

19 

3 

6 

1 

6 

6 

3 

9 

10 

6 

10 

0 

6 

12 

6 

6 

15 

0 

6 

17 

6 

20 

13 

0 

0 

13 

5 

0 

13 

10 

0 

13 

15 

0 

30 

19 

10 

0 

19 

17 

6 

20 

5 

0 

20 

12 

6 

40 

26 

0 

0 

26 

10 

0 

27 

0 

0 

27 

10 

0 

50 

32 

10 

0 

33 

2 

6 

33 

15 

0 

34 

7 

6 

60 

39 

0 

0 

39 

15 

0 

40 

10 

0 

41 

5 

0 

70 

45 

10 

0 

46 

7 

6 

47 

5 

0 

48 

2 

6 

80 

52 

0 

0 

53 

0 

0 

54 

0 

0 

55 

0 

0 

90 

58 

10 

0 

59 

12 

6 

60 

15 

0 

61 

17 

6 

100 

65 

0. 

0 

66 

5 

0 

67 

10 

0 

68 

15 

0 

110 

71 

10 

0 

72 

17 

6 

74 

5 

0 

75 

12 

6 

120 

78 

0 

0 

79 

10 

0 

81 

0 

0 

82 

10 

0 

130 

84 

10 

0 

86 

2 

6 

87 

15 

0 

89 

7 

6 

140 

91 

0 

0 

92 

15 

0 

94 

10 

0 

96 

5 

0 

150 

97 

10 

0 

99 

7 

6 

101 

5 

0 

103 

2 

6 

160 

104 

0 

0 

106 

t) 

0 

108 

0 

0 

110 

0 

0 

170 

110 

10 

0 

112 

12 

6 

114 

15 

0 

116 

17 

6 

180 

117 

0 

0 

119 

5 

0 

121 

10 

0 

123 

15 

0 

190 

123 

10 

0 

125 

17 

6 

128 

5 

0 

130 

12 

6 

200 

130 

0 

0 

132 

10 

0 

135 

0 

0 

137 

10 

0 

210 

136 

10 

0 

139 

2 

6 

141 

15 

0 

144 

7 

6 

220 

143 

0 

0 

145 

15 

0 

148 

10 

0 

151 

5 

0 

230 

149 

10 

0 

152 

7 

6 

155 

5 

0 

158 

2 

6 

240 

156 

0 

0 

159 

0 

0 

162 

0 

0 

165 

0 

0 

250 

162 

10 

0 

165 

12 

6 

168 

15 

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171 

17 

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260 

169 

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172 

5 

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175 

10 

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178 

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270 

175 

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178 

17 

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185 

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182 

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185 

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189 

0 

0 

192 

10 

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290 

188 

10 

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192 

2 

6 

195 

15 

0 

199 

7 

6 

300 

195 

0 

0 

198 

15 

0 

202 

10 

0 

206 

5 

0 





























736 


OF THE COAL TRADE. 


Tons. 

14s. 

14*. 3d. 

14*. 6d. 

14*. 9d. 


£. 

s. 

d. 

£. 

s. 

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s. 

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21 

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21 

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22 

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28 

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28 

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29 

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29 

10 

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50 

35 

0 

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35 

12 

6 

36 

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60 

42 

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42 

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43 

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44 

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0 

70 

49 

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100 

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71 

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114 

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116 

0 

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118 

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170 

119 

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121 

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125 

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180 

126 

0 

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128 

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130 

10 

0 

132 

15 

0 

190 

133 

0 

0 

135 

7 

6 

137 

15 

0 

140 

2 

6 

200 

140 

0 

0 

142 

10 

0 

145 

0 

0 

147 

10 

0 

210 

147 

0 

0 

149 

12 

6 

152 

5 

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154 

17 

6 

220 

154 

0 

0 

156 

15 

0 

159 

10 

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162 

5 

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23) 

161 

0 

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163 

17 

6 

166 

15 

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169 

12 

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240 

168 

0 

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171 

0 

0 

174 

0 

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177 

0 

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250 

175 

0 

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178 

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5 

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184 

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182 

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185 

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188 

10 

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15 

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270 

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196 

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5 

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213 

17 

6 

300 

210 

0 

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213 

15 

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217 

10 

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221 

5 

0 


























OF THE COAL TRADE 


737 


Tons. 

15s. 

15s. 3d. 

15s. 6d. 

15s. 9d. 


£ 

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30 

22 

10 

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17 

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12 

6 

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30 

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31 

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31 

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0 

50 

37 

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38 

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7 

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45 

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45 

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46 

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47 

5 

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70 

52 

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53 

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54 

5 

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55 

2 

6 

80 

60 

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61 

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62 

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63 

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90 

67 

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68 

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70 

17 

6 

100 

75 

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76 

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77 

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15 

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110 

82 

10 

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83 

17 

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12 

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90 

0 

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91 

10 

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93 

0 

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130 

97 

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99 

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105 

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106 

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126 

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170 

127 

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129 

12 

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15 

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133 

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135 

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137 

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139 

10 

0 

141 

15 

0 

190 

142 

10 

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144 

17 

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147 

5 

0 

149 

12 

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200 

150 

0 

0 

152 

10 

0 

155 

0 

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157 

10 

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210 

157 

10 

0 

160 

2 

6 

162 

15 

0 

165 

7 

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220 

165 

0 

0 

167 

15 

0 

170 

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0 

173 

5 

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230 

172 

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175 

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178 

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181 

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180 

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183 

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186 

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189 

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196 

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195 

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201 

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204 

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270 

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15 

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228 

7 

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300 

225 

0 

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228 

15 

0 

232 

10 

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236 

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738 


OF THE COAL TRADE 


Tons. 

16s. 

16s. 3d. 

16.?. Gd. 

1 

16s. 9d. 


£. 

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56 

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56 

17 

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57 

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58 

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64 

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65 

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66 

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67 

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90 

72 

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100 

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82 

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15 

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110 

88 

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89 

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15 

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92 

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96 

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97 

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99 

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130 

104 

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115 

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117 

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128 

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130 

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132 

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134 

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170 

136 

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138 

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142 

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148 

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156 

15 

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160 

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162 

10 

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165 

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167 

10 

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210 

168 

0 

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170 

12 

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173 

5 

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175 

17 

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220 

176 

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178 

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181 

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184 

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184 

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192 

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192 

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242 

17 

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300 

240 

0 

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243 

15 

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247 

10 

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739 


OF THE COAL TRADE. 


I Tons. 

175. 

175 

. 3d. 

175 

. 6d. | 

175. 9 d. 


£. 

s. 

d 

£. 

S. 

d. 

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26 

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40 

34 

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34 

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0 

35 

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35 

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50 

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43 

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44 

7 

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60 

51 

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51 

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52 

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53 

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70 

59 

10 

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60 

7 

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61 

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62 

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6 

80 

68 

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69 

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70 

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76 

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100 

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86 

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87 

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110 

93 

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94 

17 

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97 

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120 

102 

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103 

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105 

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0 

106 

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130 

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112 

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15 

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122 

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136 

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142 

0 

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170 

144 

10 

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146 

12 

6 

148 

15 

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150 

17 

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153 

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155 

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157 

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159 

15 

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190 

161 

10 

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163 

17 

6 

166 

5 

0 

168 

12 

6 

200 

170 

0 

0 

172 

10 

0 

175 

0 

0 

177 

10 

0 

210 

178 

10 

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181 

2 

6 

183 

15 

0 

186 

7 

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220 

187 

0 

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189 

15 

0 

192 

10 

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195 

5 

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230 

195 

10 

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198 

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204 

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204 

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207 

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0 

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250 

212 

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215 

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218 

15 

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221 

17 

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260 

221 

0 

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224 

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227 

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230 

15 

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270 

229 

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232 

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238 

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300 

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255 

0 

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258 

15 

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262 

10 

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3 b 2 
























740 


OF TIIE COAL TRADE 


Tons. 

18*. 

18#. 3d. 

18*. 6d. 

18#. 9d. 


£. 

s. 

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£. 

s. 

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£. 

s. 

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1 

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27 

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27 

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28 

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36 

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36 

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37 

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50 

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54 

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54 

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55 

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56 

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70 

63 

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63 

17 

6 

64 

15 

0 

65 

12 

6 

80 

72 

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73 

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74 

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90 

81 

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92 

10 

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93 

15 

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110 

99 

0 

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7 

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103 

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0 

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109 

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0 

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112 

10 

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130 

117 

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12 

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17 

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126 

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5 

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150 

135 

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146 

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148 

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150 

0 

0 

170 

153 

0 

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155 

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5 

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159 

7 

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180 

162 

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164 

5 

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166 

10 

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168 

15 

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190 

171 

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173 

7 

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175 

15 

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178 

2 

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200 

180 

0 

0 

182 

10 

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185 

0 

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187 

10 

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210 

189 

0 

0 

191 

12 

6 

194 

5 

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196 

17 

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198 

0 

0 

200 

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203 

10 

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206 

5 

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230 

207 

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17 

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15 

0 

215 

12 

6 

240 

216 

0 

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219 

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250 

225 

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2 

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231 

5 

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234 

7 

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260 

234 

0 

0 

237 

5 

0 

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10 

0 

243 

15 

0 

270 

243 

0 

0 

246 

7 

6 

249 

15 

0 

253 

2 

6 

280 

252 

0 

0 

255 

10 

0 

259 

0 

0 

262 

10 

0 

290 

261 

0 

9 

264 

12 

6 

268 

5 

0 

271 

17 

6 

300 

270 

0 

0 

273 

15 

0 

277 

10 

0 

281 

5 

0 
























741 


OF THE COAL TRADE. 


Tons. 

19s. 

19s 

3d. 

19s 

. Od. 

19s. 9 d. 


£. 

5 . 

d 

£. 

S. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

1 

0 

19 

0 

0 

19 

3 

0 

19 

6 

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19 

9 

2 

1 

18 

0 

1 

18 

6 

1 

19 

0 

1 

19 

6 

3 

2 

17 

0 

2 

17 

9 

2 

18 

6 

2 

19 

3 

4 

3 

16 

0 

3 

17 

0 

3 

18 

0 

3 

19 

0 

5 

4 

15 

0 

4 

16 

3 

4 

17 

6 

4 

18 

9 

6 

5 

14 

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5 

15 

6 

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17 

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5 

18 

6 

7 

6 

13 

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6 

14 

9 

6 

16 

6 

6 

18 

3 

8 

7 

12 

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7 

14 

0 

7 

16 

0 

7 

18 

0 

9 

8 

11 

0 

8 

13 

3 

8 

15 

6 

8 

17 

9 

10 

9 

10 

0 

9 

12 

6 

9 

15 

0 

9 

17 

6 

20 

19 

0 

0 

19 

5 

0 

19 

10 

0 

19 

15 

0 

30 

28 

10 

0 

28 

17 

6 

29 

5 

0 

29 

12 

6 

40 

38 

0 

0 

38 

10 

0 

39 

0 

0 

39 

10 

0 

50 

47 

10 

0 

48 

2 

6 

48 

15 

0 

49 

7 

6 

60 

57 

0 

0 

57 

15 

0 

58 

10 

0 

59 

5 

0 

70 

66 

10 

0 

67 

7 

6 

68 

5 

0 

69 

2 

6 

80 

76 

0 

0 

77 

0 

0 

78 

0 

0 

79 

0 

0 

90 

85 

10 

0 

86 

12 

6 

87 

15 

0 

89 

7 

6 

100 

95 

0 

0 

96 

5 

0 

97 

10 

0 

98 

15 

0 

110 

104 

10 

0 

105 

17 

6 

107 

5 

0 

108 

12 

6 

120 

114 

0 

0 

115 

10 

0 

117 

0 

0 

118 

10 

0 

130 

123 

10 

0 

125 

2 

6 

126 

15 

0 

128 

7 

6 

140 

133 

0 

0 

134 

15 

0 

136 

10 

0 

138 

5 

0 

150 

142 

10 

0 

144 

7 

6 

146 

5 

0 

148 

2 

6 

160 

152 

0 

0 

154 

0 

0 

156 

0 

0 

158 

0 

0 

170 

161 

10 

0 

163 

12 

6 

165 

15 

0 

167 

17 

6 

180 

171 

0 

0 

173 

5 

0 

175 

10 

0 

177 

15 

0 

190 

180 

10 

0 

182 

17 

6 

185 

5 

0 

188 

2 

6 

200 

190 

0 

0 

192 

10 

0 

195 

0 

0 

197 

10 

0 

210 

199 

10 

0 

202 

2 

6 

204 

15 

0 

207 

7 

6 

220 

209 

0 

0 

211 

5 

0 

214 

10 

0 

217 

5 

0 

230 

218 

10 

0 

221 

7 

6 

224 

5 

0 

227 

2 

6 

240 

228 

0 

0 

231 

0 

0 

234 

0 

0 

237 

0 

0 

250 

237 

10 

0 

240 

12 

6 

243 

15 

0 

246 

17 

6 

260 

247 

0 

0 

250 

5 

0 

253 

10 

0 

256 

15 

0 

270 

256 

10 

0 

259 

17 

6 

263 

5 

0 

266 

12 

6 

280 

266 

0 

0 

269 

10 

0 

273 

0 

0 

276 

10 

0 

290 

275 

10 

0 

279 

2 

6 

282 

15 

0 

286 

17 

6 

300 

285 

0 

0 

288 

15 

0 

292 

10 

0 

296 

5 

0 















742 


OF THE COAL TRADE 


Tons. 

20 s. 

20#. 3d. 

’206*. 6d. 

206*. 9d. 


£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

1 

1 

0 

0 

1 

0 

3 

1 

0 

6 

1 

0 

9 

2 

2 

0 

0 

2 

0 

6 

2 

1 

0 

2 

1 

6 

3 

3 

0 

0 

3 

0 

9 

3 

1 

6 

3 

2 

3 

4 

4 

0 

0 

4 

1 

0 

4 

2 

0 

4 

3 

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5 

5 

0 

0 

5 

1 

3 

5 

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6 

5 

3 

9 

6 

6 

0 

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6 

1 

6 

6 

3 

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6 

4 

6 

7 

7 

0 

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7 

1 

9 

7 

3 

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7 

5 

3 

8 

8 

0 

0 

8 

2 

0 

8 

4 

0 

8 

6 

0 

9 

9 

0 

0 

9 

2 

3 

9 

4 

6 

9 

6 

9 

10 

10 

0 

0 

10 

2 

6 

10 

5 

0 

10 

7 

6 

20 

20 

0 

0 

20 

5 

0 

20 

10 

0 

20 

15 

0 

30 

30 

0 

0 

30 

7 

6 

30 

15 

0 

31 

2 

6 

40 

40 

0 

0 

40 

10 

0 

41 

0 

0 

41 

10 

0 

50 

50 

0 

0 

50 

12 

6 

51 

5 

0 

51 

17 

6 

60 

60 

0 

0 

60 

15 

0 

61 

10 

0 

62 

5 

0 

70 

70 

0 

0 

70 

17 

6 

71 

15 

0 

72 

12 

6 

80 

80 

0 

0 

81 

0 

0 

82 

0 

0 

83 

0 

0 

90 

90 

0 

0 

91 

2 

6 

92 

5 

0 

93 

7 

6 

100 

100 

0 

0 

101 

5 

0 

102 

10 

0 

103 

15 

0 

110 

no 

0 

0 

111 

7 

6 

112 

15 

0 

114 

2 

6 

120 

120 

0 

0 

121 

10 

0 

123 

0 

0 

124 

10 

0 

130 

130 

0 

0 

131 

12 

6 

133 

5 

0 

134 

17 

6 

140 

140 

0 

0 

141 

15 

0 

143 

10 

0 

145 

5 

0 

150 

150 

0 

0 

151 

17 

6 

153 

15 

0 

155 

12 

6 

160 

160 

0 

0 

162 

0 

0 

164 

0 

0 

166 

0 

0 

170 

170 

0 

0 

172 

2 

6 

174 

5 

0 

176 

7 

6 

180 

180 

0 

0 

182 

5 

0 

184 

10 

0 

186 

15 

0 

190 

190 

0 

0 

192 

7 

6 

194 

15 

0 

197 

2 

6 

200 

200 

0 

0 

202 

10 

0 

205 

0 

0 

207 

10 

0 

210 

210 

0 

0 

212 

12 

6 

215 

5 

0 

217 

17 

6 

220 

220 

0 

0 

222 

15 

0 

225 

10 

0 

228 

5 

0 

230 

230 

0 

0 

232 

17 

6 

235 

15 

0 

238 

12 

6 

240 

240 

0 

0 

243 

0 

0 

246 

0 

0 

249 

0 

0 

250 

250 

0 

0 

253 

2 

6 

256 

5 

0 

259 

7 

6 

260 

260 

0 

0 

263 

5 

0 

266 

10 

0 

269 

15 

0 

270 

270 

0 

0 

273 

7 

6 

276 

15 

0 

280 

2 

6 

280 

280 

0 

0 

283 

10 

0 

287 

0 

0 

290 

10 

0 

290 

290 

0 

0 

293 

12 

6 

297 

5 

0 

300 

17 

6 

300 

300 

0 

0 

303 

15 

0 

307 

10 

0 

311 

5 

0 


















OF THE COAL TRADE 


743 


Tons. 

215. 

215 

3d. 

215 

.6d. 

21s. 9d 

• 


£. 

s. 

d 

£. 

S. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

1 

1 

1 

0 

1 

1 

3 

1 

1 

6 

1 

1 

9 

2 

2 

2 

0 

2 

2 

6 

2 

3 

0 

2 

3 

6 

3 

3 

3 

0 

3 

3 

9 

3 

4 

6 

3 

5 

3 

4 

4 

4 

0 

4 

5 

0 

4 

6 

0 

4 

7 

0 

5 

5 

5 

0 

5 

6 

3 

5 

7 

6 

5 

8 

9 

6 

6 

6 

0 

6 

7 

6 

6 

9 

0 

6 

10 

6 

7 

7 

7 

0 

7 

8 

9 

7 

10 

6 

7 

12 

3 

8 

8 

8 

0 

8 

10 

0 

8 

12 

0 

8 

14 

0 

9 

9 

9 

0 

9 

11 

3 

9 

13 

6 

9 

15 

9 

10 

10 

10 

0 

10 

12 

6 

10 

15 

0 

10 

17 

6 

20 

21 

0 

0 

21 

5 

0 

21 

10 

0 

21 

15 

0 

30 

31 

10 

0 

31 

17 

6 

32 

5 

0 

32 

12 

6 

40 

42 

0 

0 

42 

10 

0 

43 

0 

0 

43 

10 

0 

50 

52 

10 

0 

53 

2 

6 

53 

15 

0 

54 

7 

6 

60 

63 

0 

0 

63 

15 

0 

64 

10 

0 

65 

5 

0 

70 

73 

10 

0 

74 

7 

6 

75 

5 

0 

76 

2 

6 

80 

84 

0 

0 

85 

0 

0 

86 

0 

0 

87 

0 

0 

90 

94 

10 

0 

95 

12 

6 

96 

15 

0 

97 

17 

6 

100 

105 

0 

0 

106 

5 

0 

107 

10 

0 . 

108 

15 

0 

110 

115 

10 

0 

116 

17 

6 

118 

5 

0 

119 

12 

6 

120 

126 

0 

0 

127 

10 

0 

129 

0 

0 

130 

10 

0 

130 

136 

10 

0 

138 

2 

6 

139 

15 

0 

141 

7 

6 

140 

147 

0 

0 

148 

15 

0 

150 

10 

0 

152 

5 

0 

150 

157 

10 

0 

159 

7 

6 

161 

5 

0 

163 

2 

6 

160 

168 

0 

0 

170 

0 

0 

172 

0 

0 

174 

0 

0 

170 

178 

10 

0 

180 

12 

6 

182 

15 

0 

184 

17 

6 

180 

189 

0 

0 

191 

5 

0 

193 

10 

0 

195 

15 

0 

190 

199 

10 

0 

201 

17 

6 

204 

5 

0 

206 

12 

6 

200 

210 

0 

0 

212 

10 

0 

215 

0 

0 

217 

10 

0 

210 

220 

10 

0 

223 

2 

6 

225 

15 

0 

228 

7 

6 

220 

231 

0 

0 

233 

15 

0 

236 

10 

0 

239 

5 

0 

230 

241 

10 

0 

244 

7 

6 

247 

5 

0 

250 

2 

6 

240 

252 

0 

0 

255 

0 

0 

258 

0 

0 

261 

0 

0 

250 

262 

10 

0 

265 

12 

6 

268 

15 

0 

271 

17 

6 

260 

273 

0 

0 

276 

5 

0 

279 

10 

0 

282 

15 

0 

>270 

283 

10 

0 

286 

17 

6 

290 

5 

0 

293 

12 

6 

280 

294 

0 

0 

297 

10 

0 

301 

0 

0 

304 

10 

0 

290 

304 

10 

0 

308 

2 

6 

311 

15 

0 

315 

7 

6 

300 

315 

0 

0 

318 

15 

0 

322 

10 

0 

326 

5 

0 






















744 


OF THE COAL TRADE 


Tons. 

22 s. 

22#. 3d. 

22 s. 6d. 

22 s.9d. 1 

! 

1 

£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

d. 

1 

1 

2 

0 

1 

2 

3 

1 

2 

6 

1 

2 

9 

2 

2 

4 

0 

2 

4 

6 

2 

5 

0 

2 

5 

6 

3 

3 

6 

0 

3 

6 

9 

3 

7 

6 

3 

8 

3 

4 

4 

8 

0 

4 

9 

0 

4 

10 

0 

4 

11 

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5 

5 

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5 

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3 

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6 

5 

13 

9 

6 

6 

12 

0 

6 

13 

6 

6 

15 

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6 

16 

6 

7 

7 

14 

0 

7 

15 

9 

7 

17 

6 

7 

19 

3 

8 

8 

16 

0 

8 

18 

0 

9 

0 

0 

9 

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9 

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18 

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9 

18 

3 

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9 

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11 

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0 

11 

2 

6 

11 

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11 

7 

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20 

22 

0 

0 

22 

5 

0 

22 

10 

0 

22 

15 

0 

30 

33 

0 

0 

33 

7 

6 

33 

15 

0 

34 

2 

6 

40 

44 

0 

0 

44 

10 

0 

45 

0 

0 

45 

10 

0 

50 

55 

0 

0 

55 

12 

6 

56 

5 

0 

56 

17 

6 

60 

66 

0 

0 

66 

15 

0 

67 

10 

0 

68 

5 

0 

70 

77 

0 

0 

77 

17 

6 

78 

15 

0 

79 

12 

6 

80 

88 

0 

0 

89 

0 

0 

90 

0 

0 

91 

0 

0 

90 

99 

0 

0 

100 

2 

6 

101 

5 

0 

102 

7 

6 

100 

110 

0 

0 

111 

5 

0 

112 

10 

0 

113 

15 

0 

110 

121 

0 

0 

122 

7 

6 

123 

15 

0 

125 

12 

6 

120 

132 

0 

0 

133 

10 

0 

135 

0 

0 

136 

10 

0 

130 

143 

0 

0 

144 

12 

6 

146 

5 

0 

147 

17 

6 

140 

154 

0 

0 

158 

15 

0 

157 

10 

0 

159 

5 

0 

150 

155 

0 

0 

166 

17 

6 

168 

15 

0 

169 

12 

6 

160 

176 

0 

0 

178 

0 

0 

180 

0 

0 

182 

0 

0 

170 

187 

0 

0 

189 

2 

6 

191 

5 

0 

193 

7 

6 

180 

198 

0 

0 

200 

5 

0 

202 

10 

0 

204 

15 

0 

190 

209 

0 

0 

211 

7 

6 

213 

15 

0 

216 

2 

6 

200 

220 

0 

0 

222 

10 

0 

225 

0 

0 

227 

10 

0 

210 

23 L 

0 

0 

233 

12 

6 

236 

5 

0 

238 

17 

6 

220 

242 

0 

0 

244 

15 

0 

247 

10 

0 

250 

5 

0 

230 

253 

0 

0 

255 

17 

6 

258 

15 

0 

261 

12 

6 

240 

264 

0 

0 

267 

0 

0 

270 

0 

0 

273 

0 

0 

250 

275 

0 

0 

278 

2 

6 

291 

5 

0 

284 

7 

6 

260 

286 

0 

0 

289 

5 

0 

292 

10 

0 

295 

15 

a 

270 

297 

0 

0 

300 

7 

6 

303 

15 

0 

307 

2 

6 

280 

308 

0 

0 

311 

10 

0 

315 

0 

0 

318 

10 

0 

290 

319 

0 

0 

322 

12 

6 

326 

5 

0 

329 

17 

6 

300 

I 

330 

0 

0 

333 

15 

0 

337 

10 

0 

341 

5 

0 

























OF THE COAL TRADE. 


745 


Tons. 

2 3s. 

23 s. 3d. 

23s. 6cl 

23s. 9d. 

1 

£ 

s. 

d 

£ 

s. 

d. 

£. 

s. 

d. 

£. 

s. 

l. 

1 

1 

3 

0 

1 

3 

3 

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6 

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9 

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0 

2 

6 

6 

2 

7 

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7 

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3 

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9 

0 

3 

9 

9 

3 

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6 

3 

11 

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4 

13 

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4 

14 

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4 

15 

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5 

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15 

0 

5 

16 

3 

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17 

6 

5 

18 

9 

6 

6 

18 

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6 

19 

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7 

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7 

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7 

8 

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8 

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11 

6 

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10 

11 

10 

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11 

12 

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11 

15 

0 

11 

17 

6 

20 

23 

0 

0 

23 

5 

0 

23 

10 

0 

23 

15 

0 

30 

34 

10 

0 

34 

17 

6 

35 

5 

0 

35 

12 

6 

40 

46 

0 

0 

46 

10 

0 

47 

0 

0 

47 

10 

0 

50 

57 

10 

0 

58 

2 

6 

58 

15 

0 

61 

7 

6 

60 

69 

0 

0 

69 

15 

o 

70 

10 

0 

71 

5 

0 

70 

80 

10 

0 

81 

7 

6 

82 

5 

0 

83 

2 

6 

80 

92 

0 

0 

93 

0 

0 

94 

0 

0 

95 

0 

0 

90 

103 

10 

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104 

12 

6 

105 

15 

0 

106 

17 

6 

100 

115 

0 

0 

116 

5 

0 

117 

10 

0 

118 

15 

0 

110 

126 

10 

0 

127 

17 

6 

129 

5 

0 

130 

12 

6 

120 

138 

0 

0 

139 

10 

0 

141 

0 

0 

142 

10 

0 

130 

149 

10 

0 

151 

2 

6 

152 

15 

0 

154 

7 

6 

140 

161 

0 

0 

162 

15 

0 

164 

10 

0 

166 

5 

0 

150 

172 

10 

0 

174 

7 

6 

176 

5 

0 

180 

2 

6 

160 

184 

0 

0 

186 

0 

0 

188 

0 

0 

190 

0 

0 

170 

195 

10 

0 

197 

12 

6 

199 

15 

0 

201 

17 

6 

180 

207 

0 

0 

209 

5 

0 

211 

10 

0 

213 

15 

0 

190 

218 

10 

0 

220 

17 

6 

223 

5 

0 

225 

12 

6 

200 

230 

0 

0 

232 

10 

0 

235 

0 

0 

237 

10 

0 

210 

241 

10 

0 

244 

2 

6 

246 

15 

0 

249 

7 

6 

220 

253 

0 

0 

255 

15 

0 

258 

10 

0 

261 

5 

0 

230 

264 

10 

0 

267 

7 

6 

270 

5 

0 

273 

2 

6 

240 

276 

0 

0 

279 

0 

0 

282 

0 

0 

285 

0 

0 

250 

287 

10 

0 

290 

12 

6 

293 

15 

0 

298 

17 

6 

260 

299 

0 

0 

302 

5 

0 

305 

10 

0 

308 

15 

0 

270 

310 

10 

0 

313 

17 

6 

320 

5 

0 

320 

12 

6 

280 

322 

0 

0 

325 

10 

0 

329 

0 

0 

332 

10 

0 

290 

333 

10 

0 

337 

2 

6 

340 

15 

0 

344 

7 

6 

300 

i 

345 

i 

0 

0 

348 

15 

0 

352 

10 

0 

356 

5 

0 












746 


OF THE COAL TRADE. 


56 Geo. III. c. 127. 

An Act to reduce the Duty on the Exportation from Great Britain of 
Small Coals of a certain description .* 

Screened coals to pay same duty as culm. —From the 5th day of July, 
1816, there shall be raised upon the exportation from Great Britain to 
Foreign Parts of Coals which have been screened through a riddle or 
screen, (the bars of which not being in any part thereof more than three- 
eighth parts of an inch asunder, and stamped in the manner herein¬ 
after directed,) the like duties as are charged on culm exported from 
Great Britain to Foreign Parts. § 1. 

Certificate required that they have been screened. —Provided, that no 
such Coals be admitted to entry on payment of the duty payable on Culm, 
unless a certificate under the hand of an owner or proprietor of the 
mine or pit from which such coals have been raised, (or of the principal 
and known agent of such owner,) shall be delivered to the collector of 
the customs at the port of exportation,—which certificate shall specify the 
real quantity of coals so to be admitted to entry, and that such coals 
have actually passed through a riddle or screen of the dimensions here¬ 
inbefore described, and which riddle or screen had been stamped as by 
this act directed ;—and such certificate shall also contain the name and 
residence of the owner of such coals, with the description of the situation 
of the mine or pit from which such coals were raised. § 2. 

Mine owners to provide riddles or screens, Sfc. —The owner or pro¬ 
prietor of any coal pit from which it may be intended to ship for expor¬ 
tation any coals of the sort and dimensions hereinbefore described, shall 
at his expense provide such a number of riddles or screens as shall be 
necessary and sufficient for the purpose of ascertaining that the coals 
intended to be shipped are of the dimensions required by this act, in 
order to entitle them to be exported to foreign parts on payment of the 
duty as Culm : Provided, that all such riddles or screens shall be stamped 
in such manner as the commissioners of the customs in England and 
Scotland respectively shall direct; such stamps to be provided and 
affixed at. the expence of the owners of the mines from which such coals 
shall be intended to be shipped. * 

Coals of a larger size , on exportation to be charged with duty as 
heretofore. —All coals of a larger size or dimensions than hereinbefore 
mentioned, shall on the exportation from Great Britain be charged with 
the duty on coals so exported, in the like manner in every respect as if 
this act had not been made. § 3. 

Penalty on shipping coals of a larger dimension , Sfc. at the reduced 
duty. —If any coals shall be entered or shipped for exportation to foreign 
parts on which the duty payable on Culm shall have been paid, which 
shall be of larger dimensions than is allowed by this act, or which shall 
not have passed through a stamped riddle or screen, the owner of such 
coals, (or the person who in his behalf signed the certificate hereby re¬ 
quired to be delivered to the collector of the customs at the time of the 
entry, and the person entering or shipping any such coals,) shall be 
subject to a penalty of ten pounds for every chaldron, Newcastle mea¬ 
sure, of such coals so improperly entered or shipped. § 4. 


* This act is excepted out of the “ General Repeal Act,” see page 487. 



OF THE COAL TRADE. 747 

Officer to attend the screening of coals so entered .—The proper officer 
of the customs at the port where any coals shall be entered for exporta¬ 
tion to foreign parts on payment of the duty as Culm, shall, (as often as 
it conveniently can be done,) attend at the screening; and in case he 
is not able to attend, the owner, &c., or shipper shall, whenever required, 
cause such coals to be re-screened in his presence ; and if it shall appear 
that they or any part thereof are not of the dimensions required by this 
act, or have not passed through the screen directed by this act to be 
used, the owner or proprietor, and the person who may have signed 
the certificate, shall be liable to the penalties directed by this act. § 5. 

Duties how to be levied. —The duties by this act imposed shall be 
managed, ascertained, raised, levied, collected, paid, and recovered, 
in such and the like manner as any duties of customs of a like nature 
are managed, ascertained, raised, levied, collected, paid, and recovered, 
and under and subject to the several powers, conditions, regulations, 
restrictions, penalties, and forfeitures now in force in relation to or 
made for securing the revenue of customs in Great Britain, and all 
pains, penalties, fines, and forfeitures for any offences whatever com¬ 
mitted against or in breach of any act or acts of parliament in force on 
or immediately before the passing of this act, made for securing the 
revenue of customs or for the regulation or improvement thereof, and 
the several clauses, powers, and directions therein contained, shall be 
in full force and effect as to the said duties, as fully and effectually to 
all intents and purposes as if'they were at large and re-enacted in this 
* act. § 6. 

Application of duties .—All monies from time to time arising from 
the said duties (the necessary charges of raising and accounting for the 
same respectively excepted) shall from time to time be paid into the 
receipt of his Majesty’s exchequer at Westminster, and shall be appro¬ 
priated and applied in the same manner as the duties on Culm exported 
from Great Britain are directed to be appropriated and applied. § 7. 

For the other regulations respecting the export of coals , see Customs. 
6 Geo. IV. c. 107. § 63 * 66. 67. and 120.—6 Geo. IV. ch. 111. § 29.f 


Page 462, &c. 


f Page 503. 






EAST INDIA TRADE. 


749 


CHAPTER XIII. 


THE EAST INDIA TRADE. 

It is not within the province of this work to give a history of the 
commencement and progress of the trade to the East Indies; the 
curious will find the subject extensively treated in “An Historical 
Disquisition concerning the Knowledge which the Ancients had of India, 
and the Progress of Trade with that Country prior to the Discovery of 
it by the Cape of Good Hope,” by Dr. Robertson, and likewise in that 
useful publication, “A Dictionary of Commerce and Commercial Na¬ 
vigation,” by J. R. M'Culloch, Esq. And the trading public will be 
much edified at this time by Mr. McCulloch’s concise statement respect¬ 
ing the intrigues of the first chartered company and that which was 
formed in 1698. 

The object in the present work is to give such parts of Acts of Par¬ 
liament as are now in force affecting persons trading to the East Indies, 
the limits within which such trade may be carried on, and by whom. 


9 and 10 Wm. III. c. 44. 

A n Act for raising a sum not exceeding two millions , upon a fund for 
the payment of annuities after the rate of eight per centum, and for 
settling the trade to the East Indies. 

Original trading limits of the East India Company. —By the 
61st Section it was provided that if the sum of two millions were 
subscribed by the 29 September, 1698, that then all the persons, 
natives and foreigners, from whom such subscriptions were made, and 
all persons who should derive from such original subscribers, or should 
be entitled to any part of the stock of the general society,* might law¬ 
fully for ever after by themselves or their factors, agents, or servants, 
freely traffic and use the trade of merchandise in such places, and by 
such ways and passages, as are already frequented, found out, or dis¬ 
covered, or which hereafter shall be found out or discovered, as they 
severally shall esteem and take to be fittest or best for them, into and 
from the East Indies in the countries and parts of Asia and Africa, 
and into and from the islands, ports, havens, cities, creeks, towns, and 
places in Asia , Africa , and America, or any of them, beyond the Cape 
of Bona Esparanza to the Streights of Magellan, where any trade or 
traffic of merchandise is or may be used or had and to and from every 
of them. 


* “ The General Society entitled to the advantages given by an Act of Parliament 
for advancing a sum not exceeding two millions for the service of the crown of 
England .” 




750 


EAST INDIA TRADE. 


33 Geo. III. c. 52. 

An Act for continuing in the East India Company, for a further term , 
the possession ofthe British Territories in India , 8fc. 

Illegal trading, Sfc. in the East India company's limits * —If any of 
the subjects of his Majesty, of or belonging- to Great Britain, or the 
islands of Guernsey, Jersey, Alderney, Sark, or Man, or Faro Isles, or 
to any of his Majesty’s colonies, islands, or plantations in America or the 
West Indies, (other than such as by the East India company shall be 
licensed or otherwise thereunto lawfully authorized,) shall at any time 
before the determination of the said company’s sole trade, directly or 
indirectly sail to, visit, haunt, frequent, trade, traffic, or adventure to. 
in or from the East Indies, or other parts hereinbefore mentioned, con¬ 
trary to this act, every such offender shall incur the forfeiture and loss of 
—all the vessels«belonging to or employed by such subjects respectively, 
and also—all the goods laden thereupon, or which were or shall be sent, 
acquired, traded, trafficked, or adventured within the East Indies or 
parts aforesaid,—and all the proceeds and effects of such goods,—and 
double the value thereof. § 129. 

Persons going to the East Indies , Sfc. contrary to act. —Every sub¬ 
ject of his Majesty, of or belonging to Great Britain, or the islands, 
colonies, or plantations aforesaid, or any of them, who shall at any time 
before the determination of the said company’s sole trade, go, sail, or 
repair to the East Indies, or parts aforesaid, against any ofthe provisions 
of this act, shall be deemed to have unlawfully traded and trafficked 
there,—and all the ships and goods which shall be employed therein or 
found in his custody, or in the custody of any other person by his order 
or procurement, shall and may be seized, and shall be forfeited, with 
double the value thereof. § 130. 

Unlicensed persons going to or found in the East Indies, fyc. —If any 
subject of his Majesty, of or belonging to Great Britain, or any of the 
islands, colonies, or plantations as aforesaid, not being lawfully licensed 
or authorized, shall at any time before the determination of the said 
company’s sole trade, directly or indirectly go, sail, or repair to, or be 
found in the East Indies, or any of the parts aforesaid, every such person 
is hereby declared to be guilty of a high crime and misdemeanour, and 
being convicted thereof shall be liable to such fine or imprisonment, (or 
both,) as the court in which he shall be convicted shall think fit. § 131. 

Persons unduly sending goods to Europe. —Before such determination 
of the said company’s sole trade, it shall not be lawful for any subject 
of his Majesty, of or belonging to Great Britain, or any of the islands, 
colonies, or plantations aforesaid, either in his own name or in the name 
of any other person to carry on or to be concerned, at his own risk or 
for his or their own benefit, in the sending any kind of goods, the pro¬ 
duce or manufacture of the East Indies or China, by the way of Suez or 
by any other channel to Europe, otherwise than as is allowed by this act; 
—and if any such subject shall carry on or be concerned in any such trade 
or traffic on his own account, contrary hereto, he shall forfeit to the 
said company double the value of the goods so unlawfully sent to 
Europe. § 138. 


It will be seen by the subsequent acts, wherein this restriction has been relaxed. 



EAST INDIA TRADE. 


751 


37 Geo. III. c. 117. 

An Act for regulating the Trade to he carried on with the British 

Possessions in India by the Ships of Nations in Amity with his 

Majesty . 

After reciting the 12 Car. 2. c. 18. (which has subsequently been 
repealed) : whereas it is expedient that the ships and vessels of countries 
and states in amity with his Majesty should be allowed to import 
goods and commodities unto and to export the same from the British 
territories in India, subject to certain restrictions and regulations : be 
it therefore enacted— 

Vessels of countries in amity may import and export goods from the 
British possessions in India. —That during the continuance of the ex¬ 
clusive trade of the united company of merchants of England trading 
to the East Indies, and during the term for which the possessions of 
the British territories in India is secured to the said united company, 
it shall be lawful for the ships and vessels of countries and states in 
amity with his Majesty to import into—and export from—the British 
possessions in India such goods and commodities as they shall be 
permitted to import into and export from the said possessions by the 
directors of the said company, (who are hereby directed to frame such 
regulations as shall seem to them most conducive to the interest and 
prosperity of the said possessions, and of the British empire ;)—and no 
ship or vessel belonging to any of the subjects or states or countries in 
amity with his Majesty shall be liable to seizure, confiscation, or for¬ 
feiture, or other penalty, for exporting from or importing into the said 
possessions any goods or commodities, the importation or exportation 
of which respectively shall be permitted by the said regulation :— 
Provided always, that it shall not be lawful for the directors of the said 
united company to frame any regulations which shall be inconsistent 
with any treaty or treaties which shall have been or may be entered 
into by his Majesty, his heirs and successors, and any country or state 
at amity with his Majesty,—or with any act or acts of parliament which 
have been passed for the regulation of the trade and commerce of the 
said British territories in India. § 1. 

Regulations framed by the directors to be subject to the control 
of the board of commissioners for the affairs of India. § 2. 

Court of proprietors not to alter any resolution of directors. § 3. 


53 Geo. III. c. 155. 

An Act for continuing in the East India Company, for a further 
Term, the Possession of the British Territories in India, together with 
certain exclusive Privileges ; for establishing further Regulations for 
the Government of the said Territories, and the better Administration 
of Justice within the same; and for regulating the Trade to and 
from the places within the limits of the said Company's charter. 

Whereas by an act of parliament of Great Britain of 33 Geo. III. 
c. 52, for continuing in the East India company, for a further term, 
the possession of the British territories in India, together with their 
exclusive trade, under certain limitations, and for other purposes;—and 
whereas by an act of the parliament of Ireland, passed in the same 


752 


EAST INDIA TRADE. 


thirty-third year of his said Majesty’s reign, for regulating the trade ot 
Ireland to and from the East Indies, under certain conditions and 
provisions, for a time therein mentioned, the exclusive privileges granted 
to the company by the said act of the parliament of Great Britain were 
confirmed:—and whereas it is expedient that the territorial acquisitions 
mentioned in the said act of the parliament of Great Britain, together 
with such other territorial acquisitions on the continent of Asia, or in 
any islands situate to the north of the equator, as are now in the pos¬ 
session, and under the government, of the said united company, with 
the revenues thereof, should, without prejudice to the undoubted sove¬ 
reignty of the crown of the United Kingdom of Great Britain and 
Ireland, in and over the same, or to any claim of the said united com¬ 
pany to any rights, franchises, or immunities, remain in the possession 
and under the government of the said united company for a further 
term, &c.;—and whereas it is expedient that, from and after the 10th 
day of April, 1814, the right of trading, trafficking, and adventuring 
in, to, and from all ports and places within the limits of the said 
united company’s present charter (save and except the dominions of 
the emperor of China) should be open to all his Majesty’s subjects, in 
common with the said united company, subject to certain regulations 
and provisions,* &c. during the further term hereby limited :—it is 
therefore enacted, that the territorial acquisitions mentioned in the said 
act of the parliament of Great Britain of 33 Geo. Ill, together with 
such of the territorial acquisitions since obtained upon the continent of 
Asia, or in any islands situate to the north of the equator, as are now 
in the possession, and under the government, of the said united com¬ 
pany, with the revenues thereof, respectively, shall remain and con¬ 
tinue in their possession, subject to such powers and authorities for 
the superintendence, direction, and control, over all acts, operations, 
and concerns, which relate to the civil or military government or 
revenues of the said territories, and to such further and other powers, 
regulations, and restrictions, as have been already made or provided 
by any act or acts of parliament in that behalf, or are made and provided 
by this act for a further term, to be computed from the said 10th day of 
April, 1814, until the same shall be determined by virtue of the proviso 
hereinafter contained. § 1. 

Exclusive trade with China , and trade in Tea.— The sole and ex¬ 
clusive right of trading and using the business of merchandise in, to, 
and from the dominions of the emperor of China,—and the whole, sole, 
and exclusive right of trading in Tea, in, to, and from all islands, ports, 
and places between the Cape of Good Hope and the Straits of Magellan, 
—in such manner as the same rights are now lawfully exercised or 
enjoyed by the said united company, by virtue of any act or charter 
now in force, so far as the same, or any of them, are in force, and not 
repealed by, or repugnant to, this act, shall continue and be in force 
during the further term hereby granted to the said company: subject 
to such alterations therein as may be made by any of the enactments, 
&c. contained in this act. § 2. 

When the exclusive trade shall cease. —At any time, upon three years’ 
notice to be given by parliament, after the 10th day of April, 1831, and 
upon payment made to the East India company, of any sum or sums 

* The provisions of this act, as to the Private trade within the company’s limits, 
and as to the limits within which ships fitted out for the southern whale fishery may 
sail, are omitted in this abstract, having been repealed by the 4th Geo. IV. c. 80. See 
post , p. 755. 



EAST INDIA TRADE. 


753 


of money, which, according to the provisions of an act of the thirty- 
third year of his late Majesty (intituled “ An Act for placing the Stock, 
called East India Annuities, under the management of the Governor 
and Company of the Bank of England, &c. in redemption of a Debt of 
four millions two hundred thousand pounds, owing by the Public to 
the East India Company, &c”) shall, or may, upon the expiration of 
the said three years, become payable to the said company, according 
to the true intent and meaning of the said act; then and from thence¬ 
forth, and not before or sooner, the term hereby granted to the said 
company, and all right, title, and interest of the company, to or in any 
exclusive trade continued to the company under the provisions of this 
act, shall cease and determine. § 3. 

Not to determine the corporation , fyc. —Nothing in the last proviso, 
or in any act or charter contained, shall extend to determine the cor¬ 
poration of the united East India company, or to preclude the said 
company, or their successors, from carrying on at all times, after such 
determination of their exclusive trade as aforesaid, a free trade in, to, 
and from the East Indies, with all or any part of their joint stock in 
trade, goods, merchandises, estates, and effects, in common with other 
the subjects of his Majesty trading to, in, and from the said parts. § 4. 

Notice by the Speaker to be deemed a due notice by Parliament. § 5. 

Duties.— All goods, wares, and merchandise, of or belonging to the 
said company, exported or imported from or into any ports or places 
under their government in the East Indies, or other places within the 
limits of their charter, shall be subject to the payment of the like rates, 
customs, and duties of import and export, as the goods, wares, and 
merchandise, of the same kinds or sorts, exported or imported in private 
trade, under the authority of this act, are or shall be subject or liable to 
be charged with. § 24. 

Duties imposed in India .—No new or additional imposition of any 
duty or tax upon the export, import, or transit of any goods, wares, or 
merchandise, whatsoever, made by authority of the governor-general, 
or governor in council, of any of the said company’s presidencies or 
settlements in the East Indies, or parts aforesaid, shall be valid or effec¬ 
tual, until the same shall have been sanctioned by the court of 
directors, with the approbation of the board of commissioners. § 25. 

Directors refusing permission to any persons to proceed to the East 
Indies. —When Huy application shall be made to the court of directors, 
for or on behalf of any person or persons desirous of proceeding to the 
East Indies, for permission so to do, the said court shall, unless they 
shall think fit to comply therewith, transmit every such application, 
within one month from the receipt thereof, to the.board of commis¬ 
sioners for the affairs of India; and, in case the commissioners shall 
not see sufficient objection thereto, it shall be lawful for them to direct 
that such person or persons shall, at his, or their own special charge, 
be permitted to proceed to any of the said principal settlements of the 
company; and that such person or persons shall be furnished by the 
court of directors with a certificate or certificates, signifying that such 
person or persons hath or have so proceeded with the cognizance and 
under the sanction of the court of directors. § 33. 

But nothing herein contained shall extend to restrict the court of di¬ 
rectors from offering such representations to the board of commissioners, 
respecting persons so applying for permission to proceed to the East 
Indies, as the court may at any time think fit; and all persons who 
shall proceed to the East Indies shall, upon their arrival at any place 


754 


EAST INDIA TRADE. 


within the limits of the united company’s government, be subject to all 
such rules and regulations as now are, or hereafter may be, in force 
within those limits. § 34 and 35. 

Governments in India may declare certificates and licences void .— 
But if any person, having obtained a certificate or licence from the 
court of directors, authorizing him to proceed to the East Indies, shall 
at any time so conduct himself, as in the judgment of the governor- 
general, or governor of the presidency within which such person shall 
be found, to have forfeited his claim to the countenance and protection 
of the government of such presidency, it shall be lawful for such 
governor-general, or governor, by order to declare that the certificate or 
licence so obtained by such person shall be void, from a day to be 
named in such order ; and from and after such day so to be named, 
such person may be sent forthwith to the United Kingdom: Provided, 
nevertheless, that no person whose certificate or licence shall have been 
so vacated, shall be subject or liable to any prosecution for residing, or 
being found in the East Indies, until two months after notice of such 
order having been given to such person, by delivery of a copy thereof, 
or by leaving the same at the last place of his abode, or by publication 
of such order in the gazette of the presidency where such order shall be 
made. § 36. 

Unlicensed residents. —It shall not be lawful for any of the govern¬ 
ments of the said company, at their several presidencies to license or 
otherwise authorize the residence, at any place or places within the 
limits of the said company’s governments, of any subject of his Ma¬ 
jesty, who shall go thereto, after the 10th day of April, 1814, unless 
such person shall have been previously furnished with a licence or cer¬ 
tificate from the court of directors, or have otherwise been authorized 
by law to reside within the said limits: Provided, nevertheless, that 
any governor-general, or governor of any of the said presidencies, for 
extraordinary reasons, to be entered upon the minutes of council, may 
authorize, by special licence, the residence of any British subject in any 
place or places under the government of such presidency, until the 
pleasure of the court of directors shall be known in that behalf: Pro¬ 
vided, that a copy of such licence, and of the reasons for granting the 
same, &c. shall be transmitted to the said court of directors forthwith 
after the granting thereof. § 37. 

Persons proceeding to reside , except within certain limits. —It shall 
be lawful for the board of commissioners for the affairs of India, by 
licence in writing for that purpose, upon such terms and conditions as 
they may think fit, to authorize any person or persons to proceed to 
and reside at any place or places situate more to the northward than 
11 degrees of south latitude, and between the 64th and 150th degrees 
of east longitude from London, and not being upon the continent of 
Asia, between the river Indus and the town of Malacca inclusive ; nor 
in any island under the government of the said company lying to the 
northward of the equator ; nor at the said company’s factory at Ben- 
coolen, nor its dependencies; nor within the dominions of the Emperor 
of China. §38. 

And it shall be lawful for any subject of his Majesty to proceed to 
and reside at any place or places, situate more to the southward than 
11 degrees of south latitude, or more to the westward than 64 degrees, 
or more to the eastward than 150 degrees of east longitude from London, 
for any lawful purpose, without any licence whatsoever. § 39. 

The sections 42 to 97, relate wholly to the internal concerns of 


EAST INDIA TRADE. 


755 


the company, the court of directors and board of control: as, ex. gr. 
the colleges and seminaries established by the company at home and 
abroad; ecclesiastical jurisdiction; application of revenues; reduc¬ 
tion of debts; appointment of governors and other officers, civil and 
military ; periods of service ; troops ; courts-martial, &c. &c. not within 
the design of this work. 

For provisions relative to the production of Manifests, and Duties of 
customs payable on goods imported from the East Indies, &c. see under 
the head of Customs ; “ Regulation,” Chap. V. and Table of 
Duties, Chap. VI. 


4 Geo. IV. c. 80. 

An Act to consolidate and amend the several Laws now in force with 
respect to Trade from and to places within the limits of the Charter 
of the East India Company , and to make further provisions with 
respect to such Trade; and to amend an Act of the present Session 
of Parliament , for the registering of Vessels , so far as it relates to 
Vessels registered in India. 

Whereas by the act passed in the 53 Geo. III. (c. 155.) it was 
enacted, (§ 6.) that it should be lawful for any of his Majesty’s 
subjects, in common with the said united company, to export, in ships 
navigated according to law, from any port or ports within the United 
Kingdom of Great Britain and Ireland to all ports and places within the 
limits of the said company’s charter, (save and except the dominions of 
the Emperor of China,) any goods, wares, and merchandise which could 
then or might at any time thereafter be legally exported,—and also, in 
common with the said company, to import, in ships navigated as afore¬ 
said, from any ports within the limits aforesaid, (save and except as 
aforesaid,) into the said United Kingdom, any goods, wares, and mer¬ 
chandise, the produce and manufacture of any of the countries within 
the said limits, which could then or might at any time thereafter be 
legally imported ;—and in the said act were contained several provisoes, 
restrictions, and limitations for the regulation of the trade authorized 
by the said act to be carried on by his Majesty’s subjects, and also for 
the disposition in the United Kingdom of all articles manufactured of 
silk, hair, or cotton wool, or any mixture thereof, imported, under the 
authority of the said act, from any port or place within the limits of the 
said company’s charter;—and it was by the said act enacted, that it 
should be lawful for any ship fitted and clearing out conformably to the 
35 Geo. III. (c. 92.) intituled “ An Act for the further encouraging 
and regulating the Southern Whale Fisheries,” to sail and pass, for the 
purpose aforesaid, in all the seas to the eastward of the Cape of Good 
Hope, and in all the seas to the westward of the Streights of Magellan, 
subject to several provisoes in the said act contained ;—and it was also 
enacted by the said act, that nothing therein contained should be con¬ 
strued to extend to prevent the making, during the further term thereby 
granted to the said company, such further provisions, by authority of 
parliament, as might from time to time be deemed necessary for 
enabling his Majesty’s subjects to carry on trade and traffic, directly or 
circuitously, as well between all ports and places situate without the 
limits of the said company’s charter, and all ports and places (except 
the dominions of the Emperor of China) situate within those limits 
as between the said United Kingdom and all the last-mentioned 
ports and places, except as aforesaid, but without prejudice to any ot 


756 


EAST INDIA TRADE. 


the restrictions or provisions therein contained as to the resort to and 
residence of any persons in the East Indies and ports aforesaid. It then 
recites the 54 Geo. III. c. 34.—55 Geo. III. c. 116.—57.Geo. III. 
c. 36.—59 Geo. III. c. 122.—and the 1 and 2 Geo. IV. c. 65. 

Acts repealed. —And whereas it is expedient to repeal some,—and to 
comprise in one act of parliament others—of the hereinbefore recited 
provisions of the 53 Geo. III. c. 155. and all the provisions of the 
said acts of the 54,—55,—57,—and 59 Geo. III., and of the said Geo. 
IV. and to make further provision for the trade and traffic of the said 
company, and of his Majesty’s subjects generally, from, to, and be¬ 
tween the ports and places within the limits of the said company’s 
charter, and all countries belonging to his Majesty or at amity with 
him ; be it therefore enacted, That—so much of the said act of the 
53 Geo. III. as authorizes his Majesty’s subjects to carry on trade and 
traffic to and from the ports and places within the limits of the said 
company’s charter, with all the provisions, restrictions, and limitations 
in the same act contained for the regulation of such trade,—and for the 
disposition in the United Kingdom of all articles manufactured of silk, 
hair, or cotton wool, or any mixture thereof, imported, under the autho¬ 
rity of the said last-mentioned act, from any port or place within the 
limits of the said company’s charter, and that—the whole of the said acts 
passed in the 54,—55,-57,—and 59 Geo. III. be repealed. § 1. 

Trade may be carried on in British vessels with all places , except 
China , in the East Indies. —It shall be lawful for any of his Majesty’s 
subjects, in ships or vessels registered and navigated according to law, 
to carry on trade and traffic in any goods, wares, or merchandize, (ex¬ 
cept Tea,) as well directly as circuitously, between all ports and places 
belonging either to his Majesty,—or to any prince, state, or country at 
amity with his Majesty,—and all ports and places whatsoever situate 
within the limits of the charter of the company, (except the dominions 
of the Emperor of China,)—and also from port to port and from place 
to place within the same limits, (except the said dominions oT the Em¬ 
peror of China,) under such rules and restrictions as are hereinafter 
mentioned. § 2. 

Company s trade. —It shall be lawful for the said united company to 
carry on any trade and traffic which his Majesty’s other subjects may 
carry on under the authority of this act. § 3. 

Act not to permit trade without the company's limits. —Nothing 
herein contained shall be construed to extend to permit the importation 
into the United Kingdom,—or into any colony or possession of his 
Majesty without the limits of the charter of the East India company,— 
of any goods, wares, and merchandise, the produce of countries with¬ 
out such limits, which cannot now be legally imported from such 
countries respectively into the United Kingdom, or into such colonies 
or possessions of his Majesty,—nor to permit the exportation from the 
United Kingdom,—or from such colonies or possessions, to any coun¬ 
tries without such limits,—of any goods, wares, or merchandise which 
cannot now be legally carried from the United Kingdom or from such 
colonies or possessions to such countries. § 4. 

Military stores. —It shall not be lawful for any person to carry any 
military stores to any place upon the continent of Asia, between the 
river Indus and the town of Malacca on the peninsula of Malacca in¬ 
clusive,—or to the said company’s factory of Bencoolen in the island of 
Sumatra, or its dependencies,—save only the said united company or 
such as shall obtain their special leave and licence in writing, or a spe- 


EAST INDIA TRADE, 757 

cial leave and licence in writing under their authority for that purpose. 

§ 5. 

Vessels not to proceed to any port between the Indus and Malacca , 
until admitted to entry at one of the principal settlements in India .— 
It shall not be lawful for any vessel, other than a vessel of the said 
company, to proceed from any port or place without the limits of the 
said company’s charter to any port or place on the continent of Asia be¬ 
tween the river Indus and the town ofMalacca inclusive, other than the 
said company’s principal settlements of Fort William, Fort Saint 
George, Bombay, and Prince of Wales Island, until after such vessel 
shall have been admitted to entry at some one of the said four principal 
settlements, without a special licence in writing from the court of direc¬ 
tors of the said united company. § 6. 

If directors do not comply with application for leave to go to minor 
ports. —When and as often as any application shall be made to the said 
court of directors for a licence specially authorizing any vessel to pro¬ 
ceed to any place or places upon the continent of Asia, from the river 
Indus to the said town of Malacca inclusive, other than the said four 
principal settlements, the said court of directors shall, within fourteen 
days from the receipt thereof, (unless they shall think fit to comply 
therewith,) transmit ihe same to the board of commissioners for the 
affairs of India, together with any representation which the said court 
may think proper to make upon the subject of such application;—and 
in case the said board of commissioners shall think fit to direct the said 
court of directors to issue such licence, the said court of directors shall 
and they are hereby required forthwith to issue the same, upon such 
terms and conditions as the said board of commissioners shall from time 
to time think fit:—Provided always, that in all cases in which the said 
board of commissioners shall direct the said court of directors to issue 
any such licence Which they shall have declined to issue without such 
direction, the special circumstances inducing them to give such direc¬ 
tions shall be recorded in the books of the said board. § 7. 

Additional ports may be considered as principal settlements. —It shall 
be lawful for the said court of directors of the East India company, 
(with the consent and approbation of the commissioners for the affairs 
of India,) to declare that any other port or place or ports or places on 
the continent of India between the Indus and the town of Malacca,— 
or in any island in the East Indian Seas, under the government of the 
said company or of his Majesty,—shall be considered, for the purposes 
of this act only, as one of the principal settlements of the said com¬ 
pany ;—and such port or place or ports or places shall be so considered 
accordingly. § 8. 

Trade with China and in tea. —Nothing herein contained shall 
authorize any of his Majesty’s subjects, (other than the said company, 
or persons properly licensed by them,)—to carry on trade or traffic with 
the dominions of the Emperor of China,—or to export—or import— 
from or to any ports or places within or without the limits of the said 
company’s charter any Tea,—or in any manner to trade or traffic in 
Tea. § 9. 

Goods only to be imported into ports having warehouses or docks .— 
It shall not be lawful to import any goods, wares, or merchandise from 
any port or place within the limits aforesaid into any port of the United 
Kingdom,—except only such as shall be provided with warehouses, 
together with wet docks or basins, or such other securities as shall in 
the judgment of the said commissioners of the treasury for the time 


758 EAST INDIA TRADE. 

being, or any three or more of them, in Great Britain and Ireland re¬ 
spectively, be fit and proper for the deposit and safe custody of all such 
goods, &c. as well as for the collection of all duties payable thereon,— 
and shall have been duly declared so to be by the order of his Majesty 
in council in Great Britain, or by order of the lord lieutenant in council 
in Ireland:—Provided always, that copies of all such orders shall have 
been published three times at least in the London or Dublin Gazette, 
as the case may be ;—and copies' laid before both houses of parliament 
in the session next after the issuing of the same respectively. § 10. 

List of persons and arms on board to be delivered to the collector , fyc. 
—It shall not be lawful for any vessel engaged in trade under the 
authority of this act, (other than the ships of the said united company,) 
to clear out from any port or place belonging to his Majesty,—or to 
any prince, state, or country in amity with his Majesty, where any con¬ 
sul or vice-consul of his Majesty shall be resident,—for any port or 
place under the government of his Majesty or of the said company, 
situate more to the northward than 11 degrees of south latitude, and 
between 64 and 150 degrees of east longitude from London,—until the 
master, &c. shall have made out and exhibited to the collector of the 
customs, or other person duly appointed,—or to his Majesty’s consul or 
vice-consul resident at such port or place of clearance (as the case may 
be,)—a true and perfect list in such form as has been settled in virtue 
of former acts, or shall from time to time be settled by the court of 
directors of the said company, with the approbation of the board of 
commissioners for the affairs of India,—specifying and setting forth the 
names, capacities, and descriptions of all persons embarked or intended 
to be embarked on board such ship or vessel,—and all arms on board 
or intended to be put on board the same ;—and when and as soon as 
any such vessel shall have been admitted to entry at any such port or 
place within the limits aforesaid, the master, &c. shall in like manner 
make out and exhibit to the principal officer of the customs or other 
person thereunto authorized a true and perfect list, in form to be settled 
as aforesaid, specifying the names, capacities, and descriptions of all 
persons on board,—or who shall have been on board such vessel from 
the time of the sailing thereof to the time of arrival,—and of all arms on 
board or which shall during that time have been on board such vessel, 
— and the several times and places at which such of the said persons as 
may have died or left such ship or vessel,—or such of the said arms as 
may have been disposed of,—have been disposed of. §11. 

So much of the 53 Geo. III. c. 155. and the 38 Geo. III. c. 57.— 
42 Geo. III. c. 18.—43 Geo. III. c. 90.—and 51 Geo. III. c. 34. respect¬ 
ing ships engaged in southern whale fisheries, repealed. § 12. 

Goods imported into Malta or Gibraltar may be reexported. —All 
goods and commodities imported under the authority of this act into 
the island of Malta or its dependencies,—or into the port of Gibraltar, 
—from any ports or places within the limits of the said company’s 
charter, may be re-exported from the said island, port, or places to the 
United Kingdom, and imported into any of the ports where such goods 
and commodities may be lawfully imported, in like manner and subject 
to all such regulations and provisions as if such goods and commodities 
were imported directly from the place of their growth, production, or 
manufacture. § 13. 

Duties of customs to be paid on importation of goods into America 
and the [Vest Indies. —There shall be raised, levied, collected, and paid 
unto his Majesty, his heirs and successors, upon the importation of any 


759 


EAST INDIA TRADE. 

goods, wares, and merchandise, the produce or manufacture of any 
country within the limits of the said company’s charter, into his Ma¬ 
jesty’s possessions in America and the West Indies, from any port or 
place,— not being a port or place in the United Kingdom,—the same 
duties which are payable on such goods, &c. respectively if imported 
into such possessions from the United Kingdom. § 14. 

Resort of persons to India .—Nothing in this act shall be construed 
to extend to repeal any of the provisions of the 53 Geo. III. c. 155. 
concerning the resort of persons to the East Indies or other places 
within the limits of the company’s charter,—or to permit any persons 
engaged in trade under the authority of this act to reside at any place 
on the continent of Asia, (between the river Indus and the town of 
Malacca,) or at the said company’s factory of Bencoolen or its depen¬ 
dencies,—without permission duly obtained, in conformity to the pro¬ 
visions of the said act, of the said company. § 16. 

Not to affect provisions for preventing clandestine trade. —Nothing 
in this act shall be construed to extend to repeal or affect any of the 
powers, provisions, clauses, matters, or things contained in the 33 Geo. 
III. c. 52. or in an act of the parliament of Ireland, passed in the said 
33 Geo. III. intituled “ An Act for regulating the Trade of Ireland to 
and from the East Indies, under certain Conditions and Provisions, for 
a time therein mentioned,” for the purpose of restraining clandestine 
and illicit trade into and from the East Indies and parts within the 
limits of the said company’s charter ;—or in the said act of the 53 Geo. 

III. c. 155. relative to such clandestine and illicit trade;—but that the 
same shall be deemed to be and continue in force, and to apply to all 
ships and vessels of his Majesty’s subjects, (other than the ships of the 
said company,) sailing or being found within the limits of the said 
company’s charter, and not having complied with the directions of this 
act,—and to all and every person and persons who shall be found on 
board the same, or shall have been conveyed on board the same into 
any place within the said limits,—and also to all and every person and 
persons who shall be found at any place on the continent of Asia be¬ 
tween the river Indus and the town of Malacca,—or at the said com¬ 
pany’s factory of Bencoolen or its dependencies,—or at any place within 
the dominions of the Emperor of China,—contrary to the true intent 
and meaning of the said act of the 53 Geo. III. or of this act. § 17. 

Unlawfully taking persons on board , or giving false lists of passen¬ 
gers. —If any commander or other officer of any vessel engaged in 
trade under the authority of this act shall knowingly and wilfully take 
on board,—or connive at the taking on board, any person or persons,— 
or exhibit any false or incomplete list of the persons embarked or in¬ 
tended to be embarked on board of his vessel,—contrary to the true 
intent and meaning of the said act of the 53 Geo. III. or of this act, 
every such commander, &c. shall forfeit one hundred pounds , to be 
recovered in such and the same manner as the penalties imposed by the 
said acts of the 53 Geo. III. or either of them, are thereby made re¬ 
coverable ;—one half part of which penalty shall belong to such person 
as shall inform or sue for the same, and the other half part to the said 
united company ;—and if the said united company shall inform or sue 
for the same, then the whole of the said penalty shall belong to the said 
company. § 18. 

Ships registered in India pursuant to 4 Geo. IV. c. 41. to have privi¬ 
leges to which other vessels are entitled by that act. —Whereas by the 4 Geo. 

IV. c. 41. intituled “An Act for the Registering of Vessels,” [and since 


760 


EAST INDIA TRADE. 


repealed by 6 Geo. IV. c. 105 ] provision is' made for registering’ships 
and vessels in territories, countries, islands, and places under the govern¬ 
ment of the East India company ; be it further enacted, that all ships 
and vessels so registered shall have all the rights and privileges of trade 
which ships and vessels registered in any other possession of his Majesty 
have by virtue of the said act or of any other law in that behalf,—and 
shall be subject to such and the like regulations and provisions as such 
ships and vessels registered in other possessions of his Majesty are 
subject to, and to none other, save as hereinafter provided with respect 
to the crews of such ships and vessels. § 19. 

Lascars and natives of India not to be British mariners. —Provided 
always, that no Asiatic sailors, lascars, or natives of any of the territories, 
countries, islands, or places within the limits of the charter of the East 
India company, (although born in territories, countries, islands, or 
places under the government of his Majesty or of the East India com¬ 
pany,) shall at any time be deemed or taken to be British sailors, sea¬ 
men, or mariners within the intent and meaning of the 34 Geo. III. c. 68. 
intituled “ An Act for the further Encouragement of British Mariners, 
and for other purposes therein mentioned,” [ since repealed by 6 Geo. 
IV. c. 105.] or of any other act of parliament relating to the navigation 
of British ships by subjects of his Majesty, for the purpose of entitling 
any ship or vessel to be deemed to be a British ship navigated according 
to law, and to have the privileges and advantages of British ships 
having the master and three-fourths of the mariners British subjects ; 
—Provided also, that it shall be lawful for his Majesty, by his royal 
proclamation, upon or after the commencement of any hostilities, to 
permit all merchant ships or any other trading vessels, and all privateers, 
to be manned wholly, or in any such proportions as shall be specified in 
any such proclamation, with such Asiatic sailors, lascars, or natives 
aforesaid, for and during such periods as shall be specified in any such 
proclamation as aforesaid. § 20. 

Proportion of British seamen to the tonnage of the ship. —And 
whereas Lascars and other natives of the east are not deemed to be 
equal in strength and use to European or other seamen, and the re¬ 
quiring the proportion of three-fourths of British seamen in ships having 
as part of the crew Lascars and natives of the east, would compel such 
ships to carry a larger number of British seamen than other ships, or to 
employ a smaller number of Lascars and natives of the east than would 
be sufficient to make a proper crew ; be it therefore enacted, that any 
ship or vessel duly registered, manned in part with Lascars or natives 
of India, which shall be commanded by a British master, and navigated 
by four British seamen, as part of the crew, for every hundred tons of 
her registered burthen, and so in proportion for any part of a hundred 
tons, shall be deemed, construed, and taken to be navigated according 
to law as to the crew of any such ship or vessel, although the number 
of such British seamen shall not be equal to the proportion of three- 
fourths of the whole crew of-such ship or vessel. § 21. 

Where in India a sufficient number of British seamen cannot be 
obtained. —And whereas it may not always be possible to procure the 
due proportion of British seamen at ports in India, for vessels sailing 
from India; be it therefore enacted, that it shall be lawful for any of 
the governments of the East India company in India, or for any gover¬ 
nor or lieutenant-governor of any colony, territory, or island belonging 
to his Majesty within the limits of the said charter, and they and he are 
hereby required, on application made by the owner or commander of 


EAST INDIA TRADE. 


761 


any ship, and after having ascertained by due inquiry that a sufficient 
number of British seamen cannot be procured for the crew of any ship 
sailing from India, within ten days from such application, to certify the 
same, and license such ship to sail and carry on her voyage with a less 
proportion of British seamen than required by law;—and every such 
ship having on board such licence, and the proportion of British sea¬ 
men therein specified, shall be deemed to be navigated according to law, 
notwithstanding such deficiency of British seamen. § 22. 

Act not to require British seamen on board vessels employed in trade 
between port and port. —Provided always, and be it. further enacted, 
that nothing in this act or in any other act or acts of parliament con¬ 
tained shall extend or be construed to extend to require any number of 
British seamen to be on board as part of the crew or mariners of any 
ship or vessel employed in trade only between ports and places within 
the limits of the charter of the said company, including the Cape of 
Good Hope. § 23. 

Governor of Fort William to make rules , fyc. with respect to masters , 
fyc. of vessels trading under this act. —It shall and may be lawful to 
and for the governor general of Fort William in Bengal, in council, 
and he is hereby required, as soon as may be, to make, ordain, and 
publish, and from time to time as occasion may require to repeal and 
alter, and newly to make, ordain, and publish such rules and regula¬ 
tions to be observed by masters, officers, and owners of ships and 
vessels trading under the authority of this act,—the crews of which 
ships or vessels shall be wholly or in part composed of Asiatic sailors, 
Lascars, or natives of any of the territories, countries, islands, or places 
within the limits of the charter of the said united company, for the 
due supply of provisions, clothing, and other necessary accommodation 
of such Asiatic sailors, Lascars, and natives aforesaid, whilst they shall 
be on board such ships or vessels,—and whilst absent from the countries 
or places to which they shall respectively belong,—and until they shall 
be carried back to the places to which they may belong or from whence 
they may have been brought,—and for the conveyance back of such 
Asiatic sailors, Lascars, or natives as aforesaid, within a reasonable 
time to be fixed by such rules or regulations. § 25. 

Such rides and regulations to be observed in like manner as if part 
of this act. —All such rules and regulations, until they shall be repealed 
or altered, shall be observed and performed according to the true intent 
and meaning thereof, in like manner as if they had been herein inserted 
and had formed part of this act;—and a copy of all and every such 
rules and regulations, signed and authenticated as such by the secretary 
for the time being of the government of Bengal, or by the secretary 
for the time being of the said united company, shall be deemed and 
received and taken in and by all courts, justices, and other persons, 
as full, sufficient, and conclusive evidence of such rules and regulations. 
§ 26. 

List of Lascars , fyc. on board to be made out before ship shall be 
admitted to entry. —The master or other person having the command 
of every ship or vessel trading under the authority of this act, which 
from and after the passing of this act shall arrive at any port in the 
United Kingdom of Great Britain or Ireland, and which shall have on 
board, or which during any part of her voyage shall have had on board, 
either as part of her crew, or in any other character or for any other 
reason, any Asiatic sailor, Lascar, or native of any of the territories, 
countries, islands, or places within the limits of the charter of the said 


7 62 


EAST INDIA TRADE. 


united company, before such ship or vessel shall be admitted to entry 
shall make out and exhibit to the principal officers of the customs, or 
other person thereunto lawfully authorized, a true and perfect list and 
description of every such Asiatic sailor, Lascar, or native aforesaid, 
which shall then be or who during any part of her voyage shall have 
been on board such ship or vessel, with a true account and statement 
what shall have become of every such Asiatic sailor, Lascar, and native 
aforesaid who may have been and shall not then be on board. § 27. 

Penalty for breach of regulations relative to Lascars , fyc .—For every 
breach or nonobservance of any rule or regulation to be made, in pur¬ 
suance of this act, in relation to Asiatic sailors, Lascars, or natives afore¬ 
said, which shall have happened or taken place, and for every omission 
to make out and exhibit such list, description, account, or statement of 
and respecting all such Asiatic sailors, Lascars, or natives aforesaid, as 
herein is required, the master or commander and all and every the 
owners and owner of the ship or vessel on board which any such Asiatic 
sailor, Lascar, or native aforesaid shall be or shall have been, shall for¬ 
feit the sum of ten founds for every Asiatic sailor, Lascar, or native 
aforesaid in respect of whom such breach, nonobservance, omission, or 
defect shall have happened or taken place, to be recovered against the 
master, commander, and owners jointly or severally, by bill, plaint, in¬ 
formation, or action in any of his Majesty’s courts of record in the 
United Kingdom of Great Britain and Ireland, or in the East Indies 
or elsewhere, to be commenced in the county or presidency or place 
where any such offender may happen to be, or by conviction in a sum¬ 
mary way before two justices of the peace in the United Kingdom or in 
the East Indies, of the county or presidency where any such offender 
may happen to be ;—and of which sum and sums so to be forfeited, 
one-third part thereof shall go, belong, and be paid to the person or 
persons who shall inform or sue for the same, and the other two-third 
parts thereof shall be paid to such person or persons as the court or 
justices before whom ihe same shall be recovered shall award, to be 
applied in payment or reimbursement of any expence which may have 
been incurred by or for the use of the Asiatic sailor, Lascar, or native 
aforesaid, or the respective Asiatic sailors, Lascars, or natives aforesaid, 
in respect of whom such forfeiture or forfeitures shall have been re¬ 
covered, or in such other manner, for his or their maintenance, return 
home, or benefit, as the court or justices before whom the same shall 
be recovered shall direct. § 28. 

Form of conviction. § 29. 

Recovery of penalties .—All sums of money of which any person 
shall be so convicted as aforesaid shall and may be levied by distress 
and sale of the goods and chattels of the offender ; and that for want of 
sufficient distress every such offender may be committed to prison in 
the common gaol or house of correction for tshe space of three calendar 
months. § 30. 

Lascars, Sfc. convicted of vagrancy to be shipped on board of vessels 
bound to the place from whence brought .—And whereas it may happen 
that Asiatic sailors, Lascars, and natives aforesaid may refuse to accept 
the maintenance to be provided for them under the rules and regulations 
before referred to, or to return home in the ships or vessels which may 
be engaged for that purpose; be it therefore enacted, that if any such 
Asiatic sailor, Lascar, or native aforesaid shall at any time be convicted 
of an act of vagrancy under any of the laws in force in the United 
Kingdom respecting vagrants, it shall and may be lawful to and for the 


EAST INDIA TRADE. 763 

justice or justices or magistrates before whom such conviction shall take 
place to order and direct that he shall be shipped on board any ship or 
vessel bound to the place, or as near as may be to the place, to which 
he shall belong or from which he shall have been brought, and the com¬ 
mander of which shall be willing to take charge of him in order to his 
being returned thereto, at the expence of the person or persons liable 
under any rule or regulation to be made as before mentioned, or of any 
other person being otherwise willing to defray the same ; and it shall 
and may be lawful for the commander of any such ship or vessel 
having taken charge of such vagrant, and he is hereby required, to keep 
and detain him on board his ship for the voyage for which he shall be 
shipped. § 31. 

Actions to be commenced within three months, &c. § 33. 

Company to supply all necessaries for distressed Lascars, 8fc. brought 
to this country , and may recover expence from owners .—If any Asiat ic 
sailor, Lascar, or native of any of the territories, countries, islands, or 
places within the limits of the charter of the said united company, having 
been brought to the United Kingdom on board any ship or vessel, not 
being a ship of war in the service of his Majesty, shall from and after 
the passing of this act be found within the United Kingdom in distress 
for want of food, clothing, or other necessaries, it shall be lawful for 
the said united company to supply necessary and reasonable relief to 
such persons, and to maintain them until they shall be sent on board 
some ship bound for some place within the limits aforesaid, and also to 
pay, defray, and advance the money necessary to procure such persons 
proper and sufficient passage to their homes or places from which they 
were brought; and all such sums as the said company shall pay for or 
on account of such relief or maintenance, or passage home, shall con¬ 
stitute and become a joint and several debt due to the said company 
from the commander, owner or owners of such ship on board whereof 
such person or persons shall have been brought into the said United 
Kingdom, and shall be recoverable as so much money paid to and for 
the use of such owner or owners in any of the courts of the said United 
Kingdom, or in the East Indies if the owner shall reside there, in which 
actions or suits for the recovery of debts may be sued or prosecuted; 
and in all such actions and suits where the said company shall recover, 
they shall be entitled to receive full costs of suit. §34. 

The 5 Geo. IV. c. 88. for allowing the East India company to trade 
directly between China and the West Indies, was repealed by 6 Geo. 
IV. c. 105;—and for the Regulations in that respect now in force, see 
the 6 Geo. IV. c. 114* 

By 5 Geo. IV. c. 108. the island of Singapore is transferred to the 
East India company. 


7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Lascars and foreigners navigating East India ships .—And whereas 
bv the 4 Geo. IV. c. 80. § 21 and 22. particular provision is made 
with respect to the number and country of the seamen by whom 
British ships engaged in the East India trade may in certain cases be 
navigated ; be it therefore enacted, that any British ship navigated in 


* Biutisii Possessions, page 647. 





764 


EAST INDIA TRADE. 


the manner permitted by the said act in any of the cases therein men¬ 
tioned, shall be deemed to be duly navigated as British ships ; any thin 
in the before-mentioned act for the encouragement of British shippin 
and navigation to the contrary notwithstanding. § 22. 

7 and 8 Geo. IV. c. 56. 

An Act to amend the Laws relating to the Customs. 

Cape of Good Hope to he within the limits of the charter. —In all 
trade with the British possessions in America , the Cape of Good Hope , 
and the territories and dependencies thereof, shall be deemed to be 
within the limits of the East India company’s charter. § 26. 

Nothing contained in 7 Geo. IV. c. 48. did, does, or shall extend to 
repeal, or in any way alter or affect, an act passed in the 37 Geo. III. 
intituled “ An Act for regulating the Trade to be carried on with the 
British Possessions in India by Ships of Nations in amity with his 
Majesty,” nor to revoke, alter, or affect any regulations formed under 
the authority of that act, which were in force at the time of the com¬ 
mencement of 7 Geo. IV. c. 48. § 39. 

The Order in Council regulating the trade of the Cape of Good 
Dope, dated 22 Feb. 1832, will be found at page 666. 


be be 


FISHERIES. 


765 


CHAPTER XIV. 


FISHERIES. 


50 Geo. Ill c. 108. 

An Act to amend and enlarge the powers of an Act of 2 Geo. Ill.^or 
the Encouragement of the Fisheries of this Kingdom , and the protec¬ 
tion of persons employed therein. 

Protection from impress. —Every person hereinafter specified, who 
shall be employed in the fisheries of these kingdoms, shall be exempted 
from being impressed into the service of his Majesty, other than in the 
cases hereafter excepted. First, every Master who shall have the care 
or conduct of any fishing vessel or boat, which shall be employed in the 
fisheries of this kingdom, and who, or some owner of which fishing 
vessel or boat, shall have, or within six calendar months before the 
applying for any protection as hereinafter is allowed, shall have had, 
one or more apprentice or apprentices under the age of sixteen years 
each bound to him, or to any such owner as aforesaid, for a term not 
less than five years, and which apprentice or apprentices, in pursuance 
of such binding, actually shall be or have been in the service of such 
master or owner in the business of a fisherman :—Secondly, every such 
Apprentice , not exceeding the number of eight apprentices to every 
master or owner as aforesaid, of any fishing vessel of the burden of 50 
tons and upwards,—and not exceeding seven apprentices to every master 
or owner as aforesaid, of every fishing vessel of the burden of 35 tons 
and upwards, and under 50 tons;—and not exceeding six apprentices 
to every such master or owner as aforesaid, of any fishing vessel of or 
above the burden of 30 tons, and under 35 tons ;—and not exceeding 
the number of four apprentices to every such master or owner as afore¬ 
said, of any fishing vessel or boat under the said burden of 30 tons ;—• 
during the time every such respective apprentice as aforesaid shall con¬ 
tinue as an apprentice in the actual service of such his master only, or 
of his representatives or assigns, in the business of a fisherman, and in 
no other service, and until the respective age of 20 years of every 
such apprentice who shall so long continue in the fishing trade :— 
Thirdly, one Mariner for every such vessel or boat of 10 tons burden 
and upwards, besides the master and apprentice or apprentices, as afore¬ 
said, who shall be employed to navigate or fish in any fishing vessel or 
boat of the burden of 10 tons or upwards, during the time such mariner 
shall continue and be so actually and truly employed in the said fishing 
service :—and, Fourthly, any Landman above the age of 18 years, 
and under 30 years, who shall enter on board any such fishing 
vessel or boat of the burden of 10 tons or upwards, and be actually 
employed in navigating or fishing therein, for and during the space of 
two years, to be computed from the time of his first going to sea, em¬ 
ployed as aforesaid, in any such fishing vessel or boat of the burden of 



766 


FISHERIES. 


10 tons or upwards as aforesaid, and to the end of any fishing voyage 
he may then be engaged in, if he shall continue and be so long really 
and truly employed in such service. § 2. 

Affidavit to be made and sent to the Admiralty .—On an affidavit, 
sworn before some justice of the peace, that the person named and de¬ 
scribed in such affidavit is within some or one of the descriptions herein¬ 
before specified, and inserting therein the tonnage of every such fishing 
vessel or boat, and the port or place to which she belongs, and the name 
and description of every such master, and the age of every such appren¬ 
tice, and the term for which every such apprentice shall be bound, and 
the date of his indenture, and the name, age, and description of every 
such mariner and landman respective^, and the time of every such 
landman’s first going to sea, being offered to the lord high admiral of 
Great Britain, or to the commissioners for executing the office, &c. he 
and they is and are hereby directed to cause inquiry to be made into 
the truth of the matters contained in every such affidavit, and from time 
to time to grant a separate protection to every such person as aforesaid, 
respectively, during the time he is allowed by this act to be protected, 
and without any fee or reward for the same;—and every person who 
shall be impressed, contrary to the intent of this act, shall, on producing 
such protection to the commanding officer who shall have in his custody, 
or under his care, any such impressed person as aforesaid, be forthwith 
discharged or released. § 3. 

Remedy for protected persons , if impressed. —If, during the conti¬ 
nuance of any protection which shall be so granted, any person who 
shall be thereby protected, shall be impressed to serve his Majesty, 
(other than, and except in case of an actual invasion of these kingdoms, 
or imminent danger thereof,) and signified by some order of his Majesty, 
or of his privy council, to the lord high admiral, or to the commis¬ 
sioners for executing the office, &c.;—and on producing the protection, 
which shall have been so granted to him, to the commanding officer of the 
party or gang who shall impress any such person protected as aforesaid,— 
or if offering to produce the same for the inspection of such commanding 
officer, any such commanding officer shall refuse or neglect to see or 
examine such protection,—or shall detain the same protection from the 
party entitled thereto, and shall not forthwith discharge the party who 
shall be so impressed,—or if the party so impressed shall be carried on 
board any ship or vessel of or in the service of his Majesty, and the 
captain or any officer who shall have the command on board of any such 
ship, of or in the service of his Majesty, shall not, on any such protec¬ 
tion, granted as aforesaid, being produced or tendered to him ; or if 
such protection shall have been taken away from the party to whom it 
was so granted at or after his having been so impressed, then, if, on an 
affidavit being made before some justice of the peace, that such protec 
tion was so granted and continues in force, and was taken away from 
the party to whom the same was so granted, either at or after the time 
he was impressed, and being tendered to the captain or officer who shall 
have the command on board any such ship or vessel, as aforesaid, such 
captain or officer shall not forthwith discharge the party who shall 
have been so impressed and brought on shipboard, as aforesaid, or if 
any captain or officer having command as aforesaid, or any of the crew 
or company under him, shall take away or detain any such protection, 
granted as aforesaid, then every person who shall so offend, except in 
the cases herein-before excepted, shall respectively forfeit and pay to 
the party impressed, if not an apprentice, and if an apprentice, then to 


FISHERIES. 


767 


the respective master of every such 
§ 4 . 


apprentice, the sum of twenty pounds. 


Seamen refusing to fulfil agreement. —In case any seaman or 
mariner, after he shall have entered into any agreement, or taken any 
earnest, for the performance of any fishing voyage, or for any stipulated 
time of any fishing season, shall neglect or refuse to proceed on the in¬ 
tended voyage or voyages for which he shall have engaged or taken 
earnest, every such seaman or mariner shall forfeit, for every such 
offence, the sum of five pounds ; —and it shall be lawful, upon complaint 
made thereof to any of his Majesty’s justices of the peace within their 
respective jurisdictions, by the master or owner, or any other person 
having charge or command of the vessel or boat in which such seaman 
or mariner engaged to go, for such justice, and he is hereby required, to 
issue his warrant to apprehend such seaman or mariner:—and in case 
such seaman or mariner shall not pay such penalty, or give sufficient 
reason for such refusal, then to commit such seaman or mariner to the 
house of correction, there to be kept to hard labour for any time not 
exceeding thirty days, nor less than fourteen days. § 5. 

Penalty on hiring or enticing apprentices. —If any master or owner 
of any ship, vessel, or boat shall hire, entice, harbour, entertain, oi 
employ, in any such ship, vessel, or boat, any apprentice, seaman, 
or landman, belonging to any fishing vessel or boat, or who shall have 
engaged to go on any fishing voyage, knowing that such apprentice, 
seaman, or landman does belong to such fishing vessel, or has engaged 
to go on a fishing voyage, or after notice given thereof, every such 
master or owner as aforesaid, on being convicted of any such offence, 
shall, for every such offence, forfeit and pay the sum of twenty pounds 
§ 6 . 

Justice to determine differences. —All justices of the peace within their 
respective jurisdictions shall hear and determine all offences committed 
against the true intent of this act, and all pecuniary penalties and for¬ 
feitures inflicted and made payable by this act, whereof the time of pay¬ 
ment is not hereinbefore directed, shall be paid within twenty-four hours 
after conviction, &c. ; the same shall be levied by distress, &c.; and if 
sufficient distress cannot be found, offender to be committed to the house 
of correction of the place where apprehended, to hard labour, for any 
time not exceeding one month. § 7. 

Commencement of prosecutions. —No persons shall suffer any punish¬ 
ment for any offence committed against this act, unless the prosecution 
for the same be commenced within three calendar months after such 
olfence committed ;—and where any person shall suffer imprisonment for 
any offence contrary to this act, in default of payment of any penalty 
hereby imposed, such person shall not be liable afterwards to pay such 
penalty. § 8. 

Application of penalties. —One moiety of all money which shall be 
forfeited for any offence which shall be committed against this act, (and 
not herein otherwise appropriated,) shall be paid to the person or per¬ 
sons who shall prosecute to conviction any offender, and the other moiety 
thereof to the treasurer of Greenwich hospital for the time being, for 
the benefit of the said hospital. § 9. 

Appeal to the quarter sessions. § 10. 


769 


BRITISH FISHERIES. 


COD AND LING FISHERY. 

It was at one period prohibited for vessels in the deep sea white her¬ 
ring fishery to take Cod, Ling*, &c. (48 Geo. III. c. 110. § 14.) but this 
prohibition was repealed by the 55 Geo. III. c. 94. § 7, and Bounties 
were given on those Fish by the 1 Geo. IV. c. 103. This act was after¬ 
wards repealed ; but the following part of the 6th clause has been re¬ 
vived as will be seen below. 

Commissioners of the British herring fishery to make regulations .— 
Provided always, that it shall be lawful for the commissioners of the 
British herring fishery from time to time, to make such regulations with 
respect to the shipping of Salt for the said fisheries,—and with respect to 
the exportation of any such fish, cured or dried, or cured with pickle, 
as to the said commissioners shall, from time to time, seem expedient; 
and that all such regulations shall be as valid and effectual as if the 
same were set forth in this act, and shall be obeyed and carried into 
execution by the officers of the British herring fishery, and all other 
persons concerned. § 6. 


1 Wm. IV. c. 54. 

An Act to revive , continue , and amend several Acts relating to the 

Fisheries. 

And whereas by an act passed in the 1st year of the reign of his late 
Majesty King George IV. intituled “An Act for the further Encourage¬ 
ment and Improvement of the British Fisheries,” certain bounties were 
granted for the encouragement of the British Cod and Ling fisheries, 
which bounties, by virtue of the said recited acts passed in the 5th and 
in the 7th years of the reign of his late Majesty, have ceased and deter¬ 
mined. And whereas by the said act passed in the 1st year of the 
reign of his fate Majesty, certain provisions were made, empowering 
the commissioners of the herring fishery to make certain regulations re¬ 
specting the said Cod and Ling fisheries : and whereas by an act passed 
in the 5th year of the reign of his late Majesty King George IV. inti¬ 
tuled “ An Act to amend the several Acts for the Encouragement and 
Improvement of the British and Irish Fisheries,” the said act of the first 
year of his said late Majesty was repealed ; and it is expedient that the 
powers vested as aforesaid in the said commissioners (save so far only 
as respects the payment of the said bounties) should be revived, and 
be again vested in the said commissioners ; be it therefore enacted, 
that so much of the said act passed in the 1st year of the reign of his 
late Majesty King George IV. as authorized the said commissioners to 
make such regulations as aforesaid shall be, and the same is hereby 
revived, and shall be continued in force, save only so far as respects the 
payment of the said bounties ; any thing in the said act of the 5th year 
of his said Majesty’s reign to the contrary notwithstanding. § 4. 


BRITISH FISHERIES. 


769 


WHITE HERRING FISHERY. 

The British white herring fishery was originally instituted by the 
23 Geo. II. c. 24. and confirmed by the 26 Geo. III. c. 81. But those 
acts have long since expired. 

The subsequent acts were as follows :— 

48 Geo. III. c. 110.—55 Geo. III. c. 94.—51 Geo. III. c. 101.—1 and 
2 Geo. IV. c. 79.-52 Geo. III. c. 153.—5 Geo. IV. c. 64.-54 Geo. 
III. c. 102.—7 Geo. IV. c. 34.—11 Geo. IV. and 1 Win. IV. c . 54. 

Of the first act, all that related to bounty has expired. 

The 51 Geo. III. and 52 Geo. III. only related to how vessels should 
be manned to entitle them to bounty, and are no longer in force. The 
54 Geo. III. was merely continuing the bounty for a further time, and 
which was again continued by the 5 Geo. IV.; and further, by the 7 
Geo. IV. c. 34., till April 5, 1830, when it expired: so that the follow¬ 
ing will be found to be all the parts of the acts which are now in force. 
The regulations respecting tonnage, men, licences, journal, &c. being 
omitted, having been made with reference to bounty, and therefore ex¬ 
piring with the bounty. 


48 Geo. III. c. 110. 

An Act for the further Encouragement and better Regulation of the 
British, White Herring Fishery, until the \st day of June, 1813, and 
from thence to the end of the next Session of Parliament. 

“ Whereas the improvement of the British white herring fisheries is 
an object of most essential importance to the wealth and commercial 
prosperity, as well as to the naval strength of this kingdom, for the at¬ 
tainment of which it is expedient that more effectual regulations should 
be made, in order to the insuring a due and proper attention to the 
curing, sorting, and packing of white herrings, that the credit of the 
British fisheries in our colonies and in foreign parts may be main¬ 
tained,” be it enacted, &c. that— 

Manner of fishing .—No vessel shall be deemed or considered to be 
employed in the deep sea herring fishery, unless the nets shall be attached 
to the vessel while they are set, and shall be shot directly from, and 
hauled into the same, without the intervention or use of a small boat 
for that service, (the vessel not being at anchor while the crew are shoot¬ 
ing the nets, nor during the time they are set, nor while the crew are 
hauling or taking them in,)—nor unless the herrings caught or taken in 
the manner aforesaid, shall receive their first cure on board such vessels 
in barrels, and not in bulk. § 2. 

Appointment of commissioners .—And whereas by two acts, 13 Geo. I. 
c. 26. and c. 30., it was provided, that it should be lawful for his 
Majesty, by letters patent under the great seal, to nominate and appoint 
persons resident in Scotland, not exceeding the number of twenty-one, 
to be trustees for overseeing, directing, and better improving the linen 
and hempen manufactures within Scotland, &c.; and whereas it is 
expedient that the number of trustees or commissioners by the said act 
so limited, should, for the purposes of this act, be increased ; it is 
enacted, that it shall be lawful for his Majesty, by letters patent under 
the great seal, to increase the number of the said trustees to twenty- 

3 D 


770 


BRITISH FISHERIES. 


eight. § 4. [And] it shall be lawful for his Majesty, by letters patent 
under the same great seal, to nominate and appoint any number of such 
trustees or commissioners as aforesaid, not exceeding seven, to be com¬ 
missioners especially for overseeing, directing, and better improving, the 
white herring fishery , with power to execute, or cause to be executed, the 
provisions of this act in the manner herein mentioned, and for that pur¬ 
pose to appoint a secretary, and clerks, and other officers under them, 
&c.—Provided always, that no person shall act as a commissioner under 
the authority of this act, who shall be concerned directly or indirectly in 
the white herring fishery. § 5. 

Commissioners to be sworn. —The commissioners for the herring 
fishery, to be appointed by virtue of this act, before they proceed in the 
execution of the powers and authorities vested in them, (save only the 
power of administering the oath hereinafter mentioned,) shall severally 
take and subscribe an oath ; which oath any one of the said commis¬ 
sioners may administer to the other or others of them. § 6. 

Commissioners to make report. —[Annual report to be made as 
since directed by the act 55 Geo. III. c. 94. § 4. See the abstract 
hereafter.] § 7. 

Appointment of a superintendent. § 8.—This is repealed by I and 2 
Geo. IV. c. 79. 

Treasury to appoint officers , 8fc. —It shall be lawful for the lords 
commissioners of his Majesty’s treasury, to appoint persons at the 
respective places on the coasts of Great Britain , where herrings are 
caught or cured,—and at the places where vessels are usually fitted out 
for the British herring fishery,—and where vessels employed in the 
said fishery usually discharge their cargoes,—and also at the ports of 
exportation—to overlook the curing of all herrings caught, to take an 
account of, and clear out all salt, nets, barrels, and other stores, shipped 
or put on board any buss, vessel, or boat, for the said fishery,—and to 
inspect and take account of all herrings landed or exported,— and to 
certify whether the fish are fit to be exported :—Provided always, 
that no person shall be appointed unless he shall have exercised the 
trade of a cooper, and been employed in the curing and packing of 
herrings, and be skilful therein, &c. and every such officer shall obey 
such instructions, or orders, as he shall receive from the commissioners 
for the herring fishery, signified under their hands, or under the hand of 
their secretary. § 10. 

Officers of the fishery , 8fc. to be sworn. —The secretary, and every 
clerk or officer of the fishery, shall be liable to be suspended or dis¬ 
missed from his office by the commissioners for the fishery, either for 
incompetency or for neglect of duty ; and such officers of the fishery, 
and the secr^Mry, and every clerk appointed by virtue of this act, shall, 
previous to his entering upon his office, take and subscribe the follow¬ 
ing oath : 

I, A. B., do swear, that I will faithfully and honestly, according to the best of my 
skill and judgment, execute the office and trust committed to me, of [ the name of the 
office to be here mentioned ] and that I am not, directly or indirectly, concerned as an 
adventurer in the white herring fishery, or in any other fishery, or as a curer of fish, 
nor will I, so long as I shall continue to act as [the name of the office to be here men¬ 
tioned] be concerned, either directly or indirectly, as an adventurer in the said fishery, 
or as a curer of fish. So help me God. 

Which oath any one of the commissioners for the fishery may 
administer. § 11. 

Quality of nets. —From the first day of June, 1809, no person shall 


WHITE HERRING FISHERY. 771 

use in any river,—or lock,—or at sea, in or on the coast of Great Britain, 
any herring-net, or any traul-net, drag-net, or other sea-net, for the 
taking of herrings, which hath a mesh of less than one inch from knot 
to knot, or any false or double-bottom cod or pouch,—or shall put any 
net, though of legal size, behind the others to destroy the small fish, 
and that every person offending herein, shall forfeit every such net , 
and the sum of forty pounds , for every such offence : and it shall be 
lawful for the commissioners to cause every such net to be burnt. § 12. 

Herrings taken every day to he distinguished. —The herrings taken, 
cured, and packed, on each day, shall be distinguished from all other 
herrings by a mark, to be set on the barrels in which the same shall be 
packed, in such manner as shall be prescribed by any regulation of the 
commissioners, and shall denote whether the same were cured and 
packed gutted,—or were cured and packed ungutted, &c. ; and marks 
or characters shall not be at any time effaced or altered. § 17. 

Powers and duties of the superintendent, Sfc. —It shall be lawful for 
the superintendent* of the fishery, or any person or persons acting by 
his orders, at all times whenever he shall think fit,—either at sea, during 
the continuance of the fishery,—or after the return from the fishery, to 
go on board any of the vessels employed in the fishery under his super¬ 
intendence, and to inspect the manner in which the herrings are taken, 
cured, and packed, and whether the master and other persons on 
board the same are in all respects carrying on and prosecuting the said 
fishery in the manner hereby required ;—and if any person or persons 
shall attempt to impede or obstruct any other person in the lawful 
prosecution of the fishery, it shall be lawful for the said superintendent 
to employ force to compel him or them to preserve order;—and if it 
shall appear to the superintendent that the master or any part of the 
crew are or were not in all respects carrying on and prosecuting the 
fishery in the manner hereby required, or had attempted to impede or 
obstruct any other person or persons in the lawful prosecution of the 
said fishery, he shall report the same to the commissioners, and shall 
deliver one copy of such report under his hand, to the master of such 
vesseland if any person or persons shall resist or obstruct such super¬ 
intendent, or any person acting under him, every one so offending shall 
forfeit and pay the sum of one hundred pounds. § 18. 

Officer of the fishery to attend the landing.— The officer of the fishery 
at each port shall attend the landing of the herrings, and of the salt 
which has not been used, and the barrels (if any) not used, and the 
nets out of each buss or vessel which shall have arrived, and shall take 
a particular account thereof, and certify such inspection and examination, 
together with his observations thereon, &c. &c. § 24. 

Mariners exempt from being impressed. —The mariners employed 
in every buss or vessel, not being more than the complement required 
to be on board the same, are hereby protected from being impressed 
into his Majesty’s service, during so long a time as such vessel shall be 
actually carrying on the said fishery, and until her voyage home to the 
port of her discharge shall be fully completed. § 27. 

Officers to act in absence of superintendent. —In case of the absence 
of the superintendent of the fishery, from illness, or other unavoidable 
cause, any officer of the fishery, authorized by the commissioners, is 
hereby required to do and perform every matter or thing which is 

* Vide 1 and 2 Geo. IV. c. 79. § 2. page 787. 


3 d 2 




772 BRITISH FISHERIES. 

hereby required to be done and performed by the superintendent at the 
rendezvous, or while the fishery shall be going- on. § 29. 

Regulations for clearing out vessels with salt, fyc. —Whenever any 
vessel or boat shall be intended to be fitted out at any place in Great 
Britain, where an officer of the fishery shall be stationed for the British 
herring fishery, the person intending so to fit out such vessel or boat, 
shall give notice thereof in writing to the said officer at such place, 
specifying the quantity of salt, the quantity of netting, the number ot 
barrels, and the quantity of other stores, which he intends to put on 
board the said vessel or boat, which he shall not ship or put on board 
without the presence of such officer ;—and the officer shall examine the 
stores which shall be tendered to be shipped, and see the same put on 
board, and shall give the master a certificate that the said stores, spe¬ 
cifying the quantities and sorts thereof respectively, were so shipped or 
put on board in his presence,* mentioning the name of the said vessel 
or boat, and the name of the master ;—and if any salt, barrels, nets, or 
other fishing-stores, shall be shipped or put on board any such vessel 
or boat as aforesaid, for the British herring fishery, before such notice 
shall be given, or without the presence of such officer as aforesaid, or 
be removed thence in such vessel or boat without such certificate, as 
aforesaid, the same shall be forfeited , and shall and may be seized by 
any officer of the fishery, or of the customs or excise. § 31. 

Regulations with respect to vessels or boats cleared out with salt, 8fc. 
—The master of every vessel or boat which shall proceed to the fishery, 
having on board salt to be used in the curing of herrings, shall keep 
an account of the quantity of herrings which he shall cure, or cause to 
be cured, every day, and of the quantity of salt used in the curing 
thereof,f and shall mention in such account the name of the lock, bay, 
or other place, on the coast, where such herrings shall be cured, and 
the manner in which the same shall be cured, namely, whether in 
barrels or in bulk, whether gutted or ungutted, whether on board or on 
shore, and whether by the crew of such vessel or boat, or by persons 
residing on shore, and by a mark or marks to be set on the barrel or 
barrels in which the same shall be cured, according to the regulations 
of this act;—the quantity of herrings cured in barrels every day to be 
distinguished from all other herrings, and the quantity of herrings 
cured ungutted from the quantity cured gutted, in which account shall 
be specified, such mark or marks set on the barrels respectively, and 
the number of barrels of herrings so cured, with the marks set thereon, 
which shall be shipped or put on board such vessel or boat every day ;— 
and if any quantity of such herrings shall be shipped or put on board any 
other vessel or boat, to be carried to any port in Great Britain, the 
number of barrels of herrings, with the marks set thereon, shall be 
.specified in such account, with the name of such other vessel, and the 
port for which the same shall be bound, which account, signed by the 
said master, together with the said certificate, by the officer of the 
fishery in whose presence the said salt was shipped in such vessel or 
boat, the said master shall bring with the herrings on board thereof, 
to any port or place of Great Britain, to which the same shall return or 
arrive for her discharge ; and if any officer of the fishery shall be sta- 

* This no longer required, see page 781. 

f So much of this clause as requires that the quantity of salt used every day shall 
be specified, has been repealed by the 55th Geo. III. c. 94. § 17; but the total quan¬ 
tity is still required. See the clause hereafter. 



WHITE HERRING FISHERY. 


773 


tioned at such port or place, the master shall (before any herrings or 
other article shall be unshipped) deliver the said account and certificate 
to such officer, and shall verify the account on oath before him, who 
shall attend the landing of the herrings, salt, and other stores, and take 
a particular account thereof; or, if no officer of the fishery shall be 
stationed at such port or place, he shall verify the account on oath 
before the chief officer of excise or customs there, or any justice of the 
peace, or other magistrate, and transmit the same, so verified on oath, 
with the certificate, to the nearest officer of the fishery; and the officer 
of the fishery to whom the account shall be so delivered or transmitted, 
shall upon demand deliver to the master a copy of the account, and of 
the oath by him made thereon, certified by the officer under his hand to 
be a true copy.* § 32. 

Vessels arriving from the fishery with herrings cured with salt, 
carried out in a different vessel. —The master of every vessel or boat 
arriving from the British herring fishery, at any port or place of Great 
Britain, having on board herrings cured with salt, which had been 
carried from any place in Great Britain to the said fishery in a different 
vessel or boat, shall bring with the said herrings a declaration, signed 
by the master of the vessel or boat in which the salt was carried to 
the fishery, (with a copy endorsed thereon of the certificate by the 
officer of the fishery, in whose presence the salt was shipped,) which 
declaration shall express the name of the vessel or boat in which the 
herrings shall be shipped, the name of the master, the number of bar¬ 
rels of herrings shipped or put on board, with the marks set on the 
said barrels respectively, the day on which the herrings contained in 
each of the said barrels respectively were cured, and the manner in 
which the same were cured, as hereinbefore described, and what quan¬ 
tity of salt specified in the certificate, of which a copy shall be so en¬ 
dorsed on such declaration, was used in the curing thereof; which 
declaration shall be verified by the person making the same, upon 
oath, to be administered by the officer of the fishery at the place where 
the herrings shall be shipped or laid on board; or if there shall be no 
such officer there, then before any officer of the fishery near such 
place, or any officer of the customs or excise at or near the same, or 
before any justice of the peace, sheriff-depute, or substitute; which 
declaration so verified, the master of the vessel or boat arriving with 
the herrings, (before any part of the cargo thereof shall be unshipped,) 
shall deliver to the officer of the fishery at the place where he shall 
arrive for the discharge, who shall attend the landing of the cargo, and 
take a particular account thereof; and if no officer of the fishery shall 
be stationed at such port or place, then the master shall, in such case, 
transmit the declaration, verified as aforesaid, to the nearest officer of 
the fishery. § 33. 

Herrings, salt , or other fishing-stores , landed contrary to the regu¬ 
lations. —If any herrings or salt, or other fishing stores, shall be landed, 
or unshipped with intent to be landed, out of any vessel or boat 
arriving from the fishery, at any place where an officer of the fishery 
shall be stationed, before such certificate and account to be kept by the 
master respecting the herrings cured as aforesaid, or such declaration 
so verified as aforesaid respectively, shall be delivered to, and such 
account verified on oath before the officer of the fishery as is herein 
directed, or without the presence of such officer, or shall be landed, or 


* See 55 Geo. III. c. 94. §21. page 783. 



774 


BRITISH FISHERIES. 


unshipped with intent to be landed at any port or place where no 
officer of the fishery shall be stationed, before such certificate and 
account, or such declaration, verified as aforesaid, shall be produced to, 
and such account verified on oath, before such officer of the excise or 
customs, or such justice of the peace or other magistrate as aforesaid 
respectively, and transmitted to the officer of the fishery nearest to such 
port or place, or without the presence of the proper officer of the cus¬ 
toms, all such herrings, or salt, or other fishing stores, shall be forfeited , 
and shall and may be seized by any officer of the fishery, or of the 
customs or excise : Provided, that if any such herrings, salt, or other 
article, shall be seized on account of any error or omission of any 
thing required by this act to be done, which shall appear to the com¬ 
missioners for the fishery not to have been wilful, it shall be lawful for 
them to wave the forfeiture of such articles, and to levy in lieu thereof 
on the parties a penalty not exceeding the sum of ten pounds. § 34. 

Regulations respecting curers having salt stored at the fishery .— 
Whenever any person or persons having salt stored on shore at any 
place where the herring fishery is carried on, shall intend to cure her¬ 
rings therewith, such persons shall, before they begin to cure herrings, 
give notice of their intention so to do to the officer of the fishery at or 
nearest to such place, and shall keep an account of the quantity of 
herrings cured every day, and of the quantity of salt used in the curing 
thereof, and shall in such account mention the manner in which the 
herrings be cured : and before any such herrings, so cured and packed, 
shall be removed, or shall be shipped or put on board any vessel or 
boat, in order to be removed from the place where the same were so 
cured, the curer thereof shall deliver such account thereof, as aforesaid, 
to the officer of the fishery at or nearest to such place, and verify the 
same upon oath before such officer; and the said officer is required to 
give a copy of such account, and of the oath thereon, certified by him 
to be a true copy, to the person by whom the same shall be so delivered 
and verified as aforesaid.* § 35. 

White herrings repacked going coastwise for exportation. —Whenever 
any white herrings repacked shall be intended to be shipped or put on 
board any vessel or boat, at any port or place in Great Britain, in order 
to be carried coastwise to any other port or place therein, in order to 
be exported thence for any port or place out of Europe, the person 
intending to ship the same shall give notice of such intention to the 
officer of the fishery at the port or place of shipping, and shall in such 
notice declare, that the said herrings were not repacked till after the 
expiration of fifteen days at least from the day when the same were first 
cured and packed, and such officer shall attend and see the same 
shipped; and if it shall appear that the herrings so shipped shall have 
been repacked, fifteen days at the least from the day when they were 
first cured and packed, the officer shall give a certificate thereof under 
his hand, to the master of the vessel or boat in which the herrings 
shall be so shipped, to be carried coastwise, specifying the marks on 
the barrels, and the name of the vessel or boat in which the same shall 
have been so shipped, the name of the master, and the port for which 
the same shall be bound. § 39. 

Herrings prohibited to be exported, Sfc. —No white herrings shall be 
exported or shipped, or tendered to any officer of the fishery or of the 
customs, to be shipped for exportation at any port or place in Great 


* In part repealed by 53 Geo. III. c. 94. § 20. page 783. 



WHITE HERRING FISHERY. 


775 


Britain, for any port or place whatever, unless the barrels in which the 
same shall be packed, shall be at least half an inch in thickness at the 
bulge,—or for any foreign port or place in Europe, unless such barrel 
shall be bound with sixteen hoops at the least, made of wood or iron ; 
—nor shall any such herrings be exported or shipped, or tendered to be 
shipped as aforesaid, for any port or place out of Europe, unless the 
barrel in which the same shall be packed shall be a new barrel and full 
bound, and have one iron hoop at each end;—nor unless such herrings 
shall have been repacked, and a space of time not less than fifteen days 
shall have intervened from the day when the same were originally cured 
and packed, before the same were repacked, (all which shall be made 
to appear to the satisfaction of the proper officer of the fishery and of 
the customs, at any port or place to which the same shall have been 
brought coastwise for exportation, by certificate to be granted by the 
proper officer of the fishery at the port or place from which the same 
were so sent coastwise as aforesaid, and oath made thereon by the ex¬ 
porter or his agent before any such officer, that the herrings tendered 
for exportation are the same that were brought coastwise with such 
certificate;)—nor shall the same be so shipped without the presence of 
the said officer ;—and that all white herrings, with the barrels contain¬ 
ing the same, which shall be exported, shipped, or tendered to be ship¬ 
ped, for exportation contrary to this act, shall be forfeited, and shall 
and may be seized by any officer of the fishery, or of the customs. § 40. 

Officers to inspect herrings tendered for exportation. —In order to 
prevent frauds in the exportation of herrings, every officer of the fishery 
to whom any barrels of white herrings shall be produced or tendered, 
in order to be shipped for exportation, shall examine the same, and 
inspect and weigh the herrings in such and so many of the barrels as 
he shall think proper, in order to ascertain whether the said barrel or 
barrels of herrings be in all respects such as may lawfully be exported, 
or shipped to be exported, to the port or place for which the same shall 
be entered :—provided always, that if any white herrings shall be ten¬ 
dered to any officer of the fishery, to be shipped for exportation, and 
such officer shall deem such herrings to be of bad or indifferent quality, 
or not properly cured or packed, or the barrel or barrels in which the 
same shall be contained not to be of sufficient strength, and that for 
such cause the same cannot be allowed to be exported or shipped for 
exportation, according to the true intent and meaning of this act, the 
herrings or the barrels containing the same shall not be forfeited; —and 
if, in the event of a refusal to allow the exportation from any of those 
causes, the proprietor shall not be satisfied with the opinion of the 
officer, the matter in dispute shall be settled and determined in the same 
manner as is hereinbefore directed in the case of a like dispute arising 
between the curer of herrings and the officer of the fishery. § 41.* 

Sufferance or coast cocket not required. —It shall be lawful to ship 
or put on board any buss, vessel, or boai, at any port or place in Great 
Britain, where an officer of the fishery shall be stationed for the British 
herring fishery, salt, nets, barrels, and other fishing stores, and pro¬ 
visions necessary for the sustenance of the crew thereof, and to carry 
and convey the same to the said fishery without a sufferance, or war¬ 
rant, or coast cocket, from the officers of the customs,—and also to un¬ 
ship and land herrings and salt, nets, barrels, and other fishing stores, 
out of any buss, vessel, or boat, from the British herring fishery, without 

* See now the 55 Geo. III. c. 94 § 36, page 785. 



776 


BRITISH FISHERIES. 


a sufferance or warrant from the officers of the customs, and without 
the presence of an officer of the customs, except in any case where any 
special provision is made to the contrary in this act; provided the same 
he respectively shipped or put on board, carried, landed, or unshipped 
in the manner and according to the regulations of this act. § 42. 

Herrings may be cared and packed in half-barrels. —It shall be 
lawful to cure and pack herrings, taken in the British herring fishery 
in half-barrels, each of which shall contain sixteen gallons English 
wine measure ; provided that such half-barrels, and the herrings con¬ 
tained therein, shall be subject and liable to all the regulations, penal¬ 
ties, and forfeitures, by this act provided and imposed, in the same 
manner as if the herrings were packed in barrels. § 44. 

Officers of the fishery may go on board , Sfc. —It shall be lawful for 
any officer of the fishery to go and remain on board any buss, vessel, 
or boat, having on board any salt, barrels, or other fishing stores, in 
Great Britain, intended for the British white herring fishery, or being 
at any place where herrings shall be taken or cured, or proceeding from 
any such place for any port or place in Great Britain, to examine the 
condition of all herrings, salt, barrels, and nets, on board of any such 
buss, vessel, or boat, and to put any mark or marks on the barrel or 
barrels in which any herrings shall be contained on board thereof, and 
to take an account of the names and descriptions of the crew of such 
buss, vessel, or boat; and the master of every such vessel or boat shall, 
if required by any officer of the fishery so to do, produce and deliver to 
such officer for his inspection, the certificate of registry, (if such vessel 
or boat shall be liable to registry,) and shall give to such officer a true 
account of the name of the owner or of each of the owners of such buss, 
vessel, and boat, and of the place where such owner resides, and the 
name of each of the crew thereof; and if the master of any such buss, 
vessel, or boat, as aforesaid, shall not, upon being required by any 
officer of the fishery so to do, comply with all or any of the requisitions 
herein contained, he shall forfeit the sum of twenty pounds. § 45. 

Boats to have the name of the place to which they belong , fyc. —Upon 
every boat which shall be employed in the British herring fishery, within 
the limits of a port, or of four leagues of the coast of Great Britain, 
there shall be painted in white Roman letters, not less than two inches 
in length, on a black ground, the name of the place to which the same 
shall belong, on a conspicuous place outside of the stern, and the name 
or names of the owner or owners thereof on a conspicuous place inside 
of the stern, and every boat employed in the fishery within the limits or 
distance aforesaid, on which the names shall not be so painted, shall be 
forfeited , and may be seized by any officer of the fishery, customs, or 
excise. § 46. 

Officers of the fishery may enter warehouses , Sfc. —It shall be lawful 
for any officer of the fishery, at all times when herrings are curing and 
packing, or repacking, and at all other times in the day, (or if in the 
night in the presence of a constable or other officer of the peace,) to enter 
and come into a cellar or warehouse of any curer of herrings, or into 
any place where herrings shall be cured, packed, or repacked, to view 
and inspect herrings during the time of their being cured, packed, or 
repacked, and to put such a mark or marks on any barrel or barrels in 
which they shall be packed or repacked, as they shall think fit which 
mark or marks shall not be altered or defaced. § 47. 

Commissioners to appoint the forms of documents , fyc. —The com¬ 
missioners for the herring fishery are hereby authorized to make rules 


WHITE HERRING FISHERY. 


7 / t 


and regulations directing in what form and manner every journal, 
declaration, and account, required by this act, shall be kept or made, 
and by what means the provisions of this act shall be observed, and put 
in execution ; which rules and regulations they are required to make 
public, in the manner which shall appear to them likely to be most 
effectual for the information of the parties interested therein ; and if 
any mark or character shall be set or branded on any barrel of herrings, 
for any of the purposes of this act, in any manner which shall not be 
conformable to the special provisions of this act, or such rules or regu¬ 
lations as aforesaid ; and if any journal, declaration, account, or oath, 
by this act required to be kept or made, or any thing required by this 
act to be done or performed by or on behalf of any curer or proprietor 
of herrings, or owner or owners, or master, shall respectively be kept, 
made, done, or performed, in any form or manner not conformable to 
such regulation, as aforesaid, such person or persons shall not be entitled 
to claim any benefit by this act. § 48. 

Persons making false oath. —Every person before whom any oath is 
hereby directed or required to be made shall be, and every such person 
is hereby authorized and required to administer such oath ; and if any 
person or persons shall wilfully make a false oath respecting any thing 
which, by this act, is required to be sworn, every such person shall, 
upon conviction, be liable to the punishment of perjury. § 49. 

Persons fraudulently branding barrels , fyc. —If any person, other 
than an officer of the fishery, or not being authorized by or without the 
presence of such officer, shall fraudulently burn or brand, or cause to 
be burnt or branded, or have in his custody or possession any instru¬ 
ment for the purpose of burning or branding on any barrel or cask of 
herrings, any mark or characters, which by virtue of this act shall be 
appointed or directed to be burnt or branded, on any barrel of herrings, 
by order and in presence of such officer, or any mark or character in 
imitation thereof;—or if any person shall alter, erase, or falsify, any 
licence, certificate, account, declaration, oath, or other document, pre¬ 
scribed by this act, every person so offending shall, on being convicted 
thereof in England before a justice of the peace, or in Scotland before 
the sheriff of the county where the offence shall be committed, or the 
offender found, for every offence forfeit and pay a sum of money not 
exceeding fifty pounds, or suffer imprisonment for any time not exceed¬ 
ing six months;—and every barrel or cask on which any such mark or 
character shall be fraudulently burnt or branded, as aforesaid, with the 
herrings therein contained, and every instrument which shall be in the 
possession of any person for the purpose of fraudulently burning or 
branding the same, shall be forfeited, and shall be seized by any officer 
of the fishery, customs, or excise. § 50. 

Penalty for altering or effacing marks. —If any mark set or branded 
on any barrel of herrings by any officer or officers of the fishery, pur¬ 
suant to this act, or to any rules or regulations which shall be made by 
the aforesaid commissioners for the herring fishery, shall be altered or 
defaced, every such barrel, with the herrings therein contained, shall be 
forfeited , and shall and may be seized by any officer of the fishery. 

§ 5E 

Persons resisting officers of the fishery. —If any person or persons 
shall assault, resist, oppose, molest, or hinder any officer or officers of 
the fishery, or any person or persons acting in his or their aid or assist¬ 
ance in the execution of this act, every such person so offending shall, 
for every such offence, forfeit and pay the sum of fifty pounds. § 53, 


778 


BRITISH FISHERIES. 


Penalty on officers receiving fee. —If any officer of the fishery shall 
demand, take, or receive, directly or indirectly, any fee, gratuity, or 
reward whatever, other than such salary as shall be allowed him by the 
crown, for any thing done by him in the execution of this act, or of his 
office or employment aforesaid, on being convicted thereof, he shall 
forfeit his office, and the sum of one hundred pounds, and shall be 
deemed thenceforth incapable of being employed in any office or em¬ 
ployment under the crown. § 54. 

Quorum of commissioners. —Any thing by this act directed or re¬ 
quired to be done by the commissioners for the herring fishery, shall 
and may be done by such number of them as by the letters patent for 
the appointment of such commissioners shall be determined. § 56. 

Recovery of penalties and forfeitures. —Any fine, penalty, or forfeiture 
by this act imposed is recoverable by act 55 Geo. III. c. 94. § 42. § 57. 

Provisions relating to justices, Sfc. —All privileges, protections, and 
provisions, given and ordained by any act or acts for justices of the 
peace, or officers of the customs and excise, on the occasion of their 
acting in the execution of their respective offices, as to any action or 
suit, or the tendering of amends, or the payment of costs, or other 
thing, shall extend to the aforesaid commissioners of the herring 
fishery, and to the superintendent and the officers of the fishery ap¬ 
pointed in pursuance of this act, and to all persons appointed to act 
under them, or acting in their aid or assistance in the execution thereof. 
§ 58. 

Officers not liable to suits, 6fc. —No officer acting in the execution of 
any of the provisions of this act, or in the enforcing any rules or regu¬ 
lations made and in force under the authority thereof, shall be deemed 
a trespasser, or be liable to any action, suit, or prosecution, for or by 
reason of any act, matter, or thing done in the execution of his office, 
and for the carrying the provisions of this act into execution, and en¬ 
forcing any rules or regulations established under the same, and not 
done by him maliciously ; and if any person shall bring a suit or action 
for any such matter or thing, and the court or jury shall find that the 
same was not done maliciously, such person shall be nonsuited, and 
pay treble costs to the defendant. § 59. 

Jurisdiction of sheriffs in Scotland extended. —The jurisdiction of the 
sheriffs and stewards-depute of Scotland, and their substitutes, shall be 
extended over all persons engaged in catching, curing, and dealing in 
fish, in all tlue lochs, bays, and arms of the sea, within their respective 
counties and stewartries, and also within ten miles of the coasts of their 
said counties and stewartries, and that in as full and ample a manner 
as the same is exercised over the inhabitants of these counties and 
stewartries; and if any loch, bay, or arm of the sea, shall adjoin to 
two or more counties or stewartries, or any other part of the sea shall 
be within ten miles of the coasts of two or more counties or stewartries, 
the sheriffs and stewards of the said counties and stewartries shall 
have and exercise a concurrent jurisdiction over such person as afore¬ 
said, in any such loch, bay, or arm of the sea, which shall be in or 
opposite to their respective counties and stewartries, or any part of the 
sea within the aforesaid distance of the coast thereof. § 60. 

Continuance of act. § 61.—This act (continued in force until the 1st 
day of June, 1813) has been amended and rendered perpetual by the 
55 Geo. III. c. 94. of which the following is an abstract: 


WHITE HERRING FISHERY. 


779 


55 Geo. III. c. 94. 

An Act to continue and amend several Acts relating to the British 
White Herring Fishery. 

Whereas an act was passed 48 Geo. III. c. 110, for the further 
encouragement and better regulation of the British white herring 
fishery : and whereas it is expedient that the said act should be 
amended and made perpetual, it is therefore enacted, that the said 
recited act shall, subject to the alterations and amendments herein 
contained, be and the same is hereby made perpetual;—and, from the 
1st day of June, 1815, all letters patent, appointments, rules, regula¬ 
tions, orders, and directions, granted, made, or given, by virtue of the 
said act, and in force at the time of passing this act, shall be good and 
effectual, and remain in force, unless varied or annulled, under any 
of the authorities of the said acts, or of this act. § 1. 

Advocate and solicitor-general of Scotland may be commissioners. 
—His Majesty may appoint the advocate and solicitor-general for 
Scotland, or either of them for the time being, to be commissioners, in 
addition to the number authorized by the act 48 Geo. III. c. 110. § 2. 

Commissioners to be sworn. —Every person hereafter to be appointed 
one of the commissioners for the herring fishery, by virtue of the said 
act, 48 Geo. III. c. 110, or of this act, shall, before he proceeds in 
execution of any of the powers and authorities vested in the commis¬ 
sioners under the said act and this act, (save only in the administering 
the oath hereinafter mentioned,) take and subscribe the following oath ; 
that is to say: 

“ I, A. B., do swear, that I will faithfully and honestly, according 
to the best of my skill and judgment, execute the several powers and 
trusts reposed in me by an act passed in the forty-eighth year of the 
reign of his Majesty King George the Third, intituled An Act [ here 
insert the title of the said act,] and that I am not, directly or indirectly, 
concerned as an adventurer in the white herring fishery, or as a curer 
of herrings: nor will I, so long as I shall continue to act as a com¬ 
missioner under the said acts, be concerned, either directly or indirectly, 
as an adventurer in the said fishery, or as a curer of herrings. So help 
me God.” 

Which oath any one of the said commissioners may administer to the 
other or others of them. § 3. 

Reports of proceedings. —The commissioners for the herring fishery 
shall deliver in annually, on or before the 1st day of November in every 
year, to the board of trustees or commissioners for fisheries and manu¬ 
factures in Scotland, appointed under the authority of any act of par¬ 
liament, a full and accurate report of their proceedings for the year 
preceding ; and shall also cause to be laid before each house of parlia¬ 
ment within fourteen days from the commencement of every session, a 
copy of the said report, signed with their names. § 4. 

Crews of deep sea busses may fish cod or ling. —It shall be lawful 
for the master and crew of any buss or vessel, fitted out for the British 
white herring fishery in the deep sea, under the regulations of the 
said acts, to take cod or ling, and to cure the same with salt, to be 
taken on board for that purpose; such cod or ling to be stowed in 
bulk ; and that, in every instance where cod or ling shall be so taken, 
cured, and stowed on board any such buss or vessel as aforesaid, the 
same shall be saved and excepted out of that part ot the oath pre- 


780 


BRITISH FISHERIES, 


scribed to be taken by the master of every such buss or vessel, on his 
return from the said fishery, wherein such master is required to swear 
that no fish other than herrings were taken by the crew of the said buss 
or vessel. § 7. 

Superintendent of deep sea fishery to proceed to the bays and coasts. 
§ 8.—Repealed by 1 and 2 Geo. IV. c. 79. 

Superintendent of loch and coast fishery. —It shall be lawful for 
the lords commissioners of the admiralty, upon the application of the 
commissioners for the herring fishery, from time to time to appoint a 
commissioned officer of his Majesty’s navy, as superintendent of the 
British herring fishery carried on in the lochs and upon the coast of 
Great Britain, not in the deep sea , for the purpose of preserving order 
among the fishermen and other persons engaged in the said fishery; 
which person so to be appointed superintendent, shall take an oath in 
such terms, and before such person as, by the said act 48 Geo. III. 
c. 110, is required to be taken by the superintendent of the British 
herring fishery carried on in the deep sea ; and it shall be lawful for 
such commander and superintendent of the loch and coast fishery, or 
any person acting by his order, at all times, whenever he shall think 
fit, to go on board any of the vessels or boats employed in the fishery 
under his superintendence, and to inspect the certificate of registry, 
excise permit, licence,* certificate of fishery officers, and the account 
kept by the master, or other document, which is or are respectively 
required by law to be on board such vessel or boat; all which the 
master of every such vessel or boat shall produce and deliver to the 
said superintendent, or other person aforesaid, upon demand, for his 
inspection and examination; and the said superinlendent, or other 
person, is hereby empowered to detain any such vessel or boat, till all 
or any of such documents shall be produced and delivered to him ; 
and all powers given by the said act to the superintendent of the deep 
sea fishery,!* shall extend to the superintendent of the herring fishery 
in the lochs and on the coast of Great Britain, and to every officer of 
the fishery; and all penalties imposed by the said act on any person, 
for resisting the superintendent of the deep sea fishery, or for resisting 
any officer of the fishery, shall extend to every person resisting the 
superintendent of the herring fishery in the lochs and on the coast of 
Great Britain, or any person acting under him. § 9. 

Superintendent authorized to seize nets. —Every net forfeited by 
the said act, passed in the forty-eighth year of his late Majesty’s reign, 
shall and may be seized by any superintendent of the herring fishery, 
or any person acting under his orders, or by any officer of the fishery 
§ 10 . 

Nets set or hauled on Siniday to be forfeited. —If any herring net 
shall be set or hauled in any river or loch in Scotland, or at any place 
on the coast thereof, or within two leagues of the same, after twelve of 
the clock at night on Saturday, and before twelve of the clock at night 
on Sunday, or having been set before twelve of the clock at night oil 
Saturday, shall not be hauled before the same hour ; every such net 
shall be forfeited, and may be seized by any superintendent of the 
herring fishery, or any person employed under him, or by any officer 
of the fishery. §11. 


* Licences were formerly required for vessels fishing for bounty, as excise permits, 
under the Salt Laws but they are repealed. 
j See ante, page 771. 




WHITE HERRING FISHERY. 7S1 

Herring barrels. —Whereas by an act of 29 Geo. II. intituled “ An 
Act for encouraging the Fisheries in that part of Great Britain called 
Scotland ,” it is, among other things, enacted, that the staves of all 
barrels in which white herrings shall be packed, in Scotland, shall be 
at least one half part of an inch in thickness throughout, of made 
work, under the pain of forfeiting both fish and barrel; and whereas 
it is expedient that so much of the said act should be amended, and the 
operation thereof extended throughout Great Britain: be it therefore 
enacted, that, from and after the 1st day of June, 1816, no white 
herrings shall be cured, packed, or put up, in Great Britain , or on 
board any vessel or boat employed in the British herring fishery, in 
any barrel which shall be made in whole or in part of fir, or which shall 
not be one half part of an inch in thickness thoughout, of made work, 
or which shall not contain thirty-two gallons English wine measure; 
and that, if any white herrings shall be cured, packed, or put up, in 
any barrel which shall be made in whole or in part of fir, or which 
shall not be one half part of an inch in thickness throughout of made 
work, or which shall not contain thirty-two gallons English wine 
measure, all such herrings, with the barrel containing the same, shall 
be forfeited , and shall be seized by any officer of the fishery, customs, 
or excise. § 12. 

Measure by which fresh herrings are to be bought and sold. —The 
commissioners for the herring fishery are hereby empowered to fix and 
determine the content or capacity, the form or dimensions, the sorts of 
wood and thickness thereof, the number, dimension, and material of 
the hoops, and the marks and characters to be placed on every such 
measure ; and also to appoint a fit person at such place as they shall 
think proper, to examine the same, and to cause such marks or cha¬ 
racters to be branded thereon witli a hot iron in his presence, according 
to the rules and regulations aforesaid ; and if, at any time after the 1st 
day of June, 1816, any cran or measure, not so marked or branded as 
aforesaid, shall be made use of in the buying or receiving, selling or 
delivering, of fresh herrings, in the British herring fishery, or on any 
part of the coast or shores of Great Britain, every person so making 
use thereof, shall forfeit the said cran or measure, and also the sum 
of ten pounds, and the commissioners for the herring fishery shall 
cause the said cran or measure to be destroyed ; and that the provisions 
made by the said act of 48 Geo. III. against the fraudulent branding 
of barrels of herrings with any mark or character by that act appointed 
to be branded thereon, shall extend and be construed to extend to the 
subject of this provision, and be put in execution accordingly.* § 13. 

Regulations for clearing out vessels. —Whenever any vessel or boat 
shall be intended to be fitted out at any port or place in Great Britain, 
where an officer of the fishery shall be stationed for the British herring- 
fishery, it shall be lawful to ship salt, netting, barrels, and other stores 
on board such vessel or boat, without the presence of such officer; 
provided the person intending to ship the same, shall first give such notice 
thereof in writing, to the said officer of the fishery, and therein specify 
such particulars as by the said act are required ; and thereupon it shall 
be lawful for the said officer to give permission, under his hand, to such 
person (to be written at the foot of the said notice) to ship or put on 
board the stores therein specified; and, when the same shall be so 
shipped or put on board, the shipper shall make a declaration thereof 


See 1 and 2 Geo. IV. c, 79. § 5. page 787. 





782 


BRITISH FISHERIES. 


under his hand, to be subjoined to the said permission, and return the 
same to such officer; whereupon the said officer, being satisfied of the 
truth of the declaration, shall give the master of the vessel or boat a 
certificate, that the said stores, specifying the quantities and sorts 
thereof, were respectively entered and declared to be shipped, mention¬ 
ing the name of the said vessel or boat, and the name of the master 
thereof; and such certificate shall be of the same force and effect under 
the provisions of the said act of 48 Geo. III. and of this act, as if the 
said salt, netting, barrels, or other stores, had been shipped in presence 
of an officer of the fishery, and a certificate had been granted to the 
effect prescribed by the said act. § 14. 

Unlawful nets to be forfeited. —If any net, which, according to the 
tenour of the said act, may not be used for the taking of herrings, shall 
be shipped or put on board any such vessel or boat as aforesaid, the 
same shall be forfeited. § lb. 

Boats not exceeding the burthen of four tons. —Nothing in the said 
act, or in this act, relative to any vessel or boat fitted out for the 
British herring fishery, with salt, netting, barrels, or other stores, or 
which shall proceed to the said fishery having on board salt, to be 
used in the curing of herrings, or on board of which herrings shall be 
cured, or which shall return with the herrings so cured to any port of 
Great Britain, shall be construed to extend to the case of any boat in 
which salt shall be shipped or put on board for the said fishery, or 
which shall return with herrings cured with such salt to any part 
of Great Britain; provided such boat shall not exceed the burthen of 
four tons. § 16. 

Salt used in curing herrings; account of. —Whereas by the said 
act, 48 Geo. III. c. 110, § 32, it is enacted, that the master of every 
vessel or boat, which shall proceed to the British herring fishery, having- 
on board salt to be used in the curing of herrings, shall keep an ac¬ 
count of the quantity of herrings which he shall cure, or cause to be 
cured every day, and the quantity of salt used in the curing thereof; 
which account, signed by him, the said master shall bring, with the 
herrings which shall have been cured on board thereof, to any port of 
Great Britain to which the said vessel or boat shall return or arrive for 
the discharge thereof, and shall verify the same on oath before such 
officer, as therein mentioned ; but so much of the said act as requires 
that the quantity of salt used every day be specified in such account, 
is hereby repealed ; and the master of every such vessel or boat shall,, 
before the same officer in whose presence he shall verify the account 
of the particulars by the said act required, and not hereby dispensed 
with, make oath what quantity of salt has been used or expended in the 
curing of the herrings, (mentioning the number of barrels, or if cured 
in bulk, the number of herrings,) specified in the said account; and 
that no part of the said salt was embezzled, sold, or in any manner 
disposed of, otherwise than is expressed in the said account; which 
oath shall be so made by the master of such vessel or boat as aforesaid, 
before any herring, salt, or other fishing stores, shall be landed or un¬ 
shipped with intent to be landed, under the like forfeiture as is pro¬ 
vided by the said act. § 17. 

Herrings to be gutted , cured , and packed, within twenty-four hours 
after they were taken. —It is by this act enacted, that no herrings shall 
be deemed to be gutted, unless they were gutted, cured, and packed, 
within twenty-four hours after they were taken or caught. § 18. 

Declaration of transhipment. —In all cases where the master of any 


WHITE HERRING FISHERY. 7S3 

vessel or boat, arriving from the British herring fishery, in any port or 
place in Great Britain, having on board herrings cured with salt 
which had been carried from any port or place in Great Britain to the 
said fishery in a different vessel, shall bring with the said herrings a 
declaration, signed by the master of the said vessel or boat in which 
the said salt was carried to the fishery, (with a copy endorsed thereon 
of the certificate, by the officer of the fishery in whose presence or by 
whose permission the salt was shipped,) such declaration expressing 
the name of the vessel or boat in which the herrings shall be shipped, 
the name of the master thereof, the number of barrels of herrings 
shipped or put on board the same, with the marks set on the said bar¬ 
rels respectively, the day on which the herrings contained in each of 
the said barrels respectively were cured, and the manner in which the 
same were cured, and what quantity of the salt specified in the said 
certificate was used in the curing thereof, as is directed by the act 
48 Geo. III. c. 110.; the said declaration, although it shall not have 
been verified on oath by the master of the vessel in which the said salt 
was carried out, as by the said act 48 Geo. III. is required, shall be of 
the same force and effect as if the same had been so verified; and pro¬ 
vided the master of the vessel or boat, so arriving and having on board 
the said herrings, shall make oath at the foot thereof, before the officer 
of the fishery at the port or place where lie shall so arrive, that there 
was no officer of the fishery at the place where the said herrings were 
shipped or put on board, before whom the said declaration could have 
been verified, and that he verily believes that the said declaration is 
true. § 19. 

Herrings aired on shore .—If any person or persons having salt 
stored at any place on shore, where the herring fishery is carried on, 
shall begin there to cure herrings with such salt as aforesaid, before 
having given such notice of his intention so to do to the proper officer 
of the fishery, as is required by the said act made in the forty-eighth 
year of his late Majesty’s reign ; or if such person or persons shall not 
keep such account thereof as is required by the said act and this act; 
or if the curer of such herrings shall not deliver such account thereof to 
the proper officer of the fishery, and verify the same upon oath, before 
such officer, as required by the said act and this act; every such person 
so offending (unless the quantity of salt which he shall have stored as 
aforesaid shall not exceed thirty bushels) shall forfeit the sum of Jive 
pounds. § 20. 

Account relating to gutted herrings ,—Whereas by the act 48 Geo. 
III. c. 110, such officer of the fishery shall deliver a copy of such ac¬ 
count , and of such oath thereon as aforesaid, (certified by him to be a 
true copy,) to the person by whom the same shall be so delivered and 
verified, so much of the said act is hereby repealed ; and the said officer 
shall, in lieu of such copy , deliver to such person as aforesaid, a copy of 
so much only of the said account as shall relate to herrings cured gutted; 
and in case the curer shall have so produced a part only of the herrings 
specified in the said copy, the officer shall give him a copy of the account, 
so far as relates to the residue of the said herrings; and the like pro¬ 
ceedings shall be had as often as any part of the herrings shall be so 
produced at the place where the same were cured as aforesaid ; and every 
such copy shall be certified by the said officer of the fishery to be a true 
copy of, or extract from, the account of the said curer, verified by him 
upon oath, specifying the time when, and place where, it was so veri¬ 
fied. § 21. 


7*4 


BRITISH FISHERIES. 


Herrings cured otherwise than in bulk. —No herrings cured otherwise 
than in bulk, shall be mixed with herring’s cured in bulk, whether 
packed or not; nor shall any herrings cured in bulk, or any herrings 
which, although otherwise cured, shall have been afterwards laid in 
bulk, be packed in any barrel or cask, unless the word “ bulk” shall 
have been first branded thereon in manner herein directed; and, if any 
herrings cured otherwise than in bulk, shall be mixed with herrings 
cured in bulk; or, if any herrings cured in bulk, or which, although 
otherwise cured, shall have been afterwards laid in bulk, shall be packed 
in any barrel or cask, barrels or casks, unless the word.“ bulk” shall 
have been first branded thereon in the manner herein directed, and 
shall remain thereon distinctly legible; all such herrings, with the 
barrels or casks containing the same, shall be forfeited , and may be 
seized by any officer of the fishery or customs.* § 24. 

Herrings cured in bulk , how to be yacked. —When any herrings in 
bulk shall be brought or imported into any port or place in Great 
Britain, from the British herring fishery, or from any other port or 
place in Great Britain, or in any of his Majesty’s dominions, such 
herrings shall, upon the landing thereof, be conveyed to a place proper 
for the packing of the same, and shall there without delay be packed 
in barrels, on each of which the word “ bulk” shall have been first 
branded in the manner herein directed, and shall not afterwards be 
laid in bulk ; and if any herrings in bulk brought from the British 
herring fishery, or from any such other port or place as aforesaid, shall 
not upon the landing thereof be conveyed to such place as aforesaid, 
or shall not there without delay be packed in barrels, on each of which 
the word “ bulk” shall have first been, or within twenty-four hours after¬ 
wards shall be, branded in the manner herein directed, and shall re¬ 
main thereon distinctly legible, or, having been so packed, shall be 
afterwards laid in bulk, the said herrings, with the barrels or other 
packages in which the same shall be contained, shall be forfeited, and 
shall be seized by any officer of the fishery : Provided always, that*iio 
herrings cured or laid in bulk, which shall be intended to be made 
into red herrings, and which on the landing thereof shall be conveyed 
to a manufactory of red herrings, shall be required to be packed in 
barrels so marked as directed by this act; nor shall any herrings cured 
or laid in bulk, which on the landing thereof were packed in barrels 
on each of which the word “ bulk” shall have been branded in the 
manner herein directed, be forfeited for being afterwards taken out of 
such barrel, at a manufactory of red herrings, provided the same shall 
be immediately put in process for being made into red herrings. § 25. 

Refuse of red herrings , how to be yacked, fyc. —All herrings, being 
the refuse of the manufactory of red herrings, shall be packed in 
barrels, on each of which the word “ refuse” shall have been branded 
in the manner herein directed : and all such herrings not packed in 
barrels, on each of which the word “ refuse” shall be so branded, and 
shall remain distinctly legible, as well as all herrings whatever mixed 
with herrings of the said description, whether packed or not, shall be 
forfeited, and shall and may be seized by any officer of the fishery or 
of the customs. § 26. 

Herrings cured in yickle, in vats, yits, cisterns, f 4*c.—But this pro¬ 
vision shall not be construed to extend to herrings cured originally in 
bulk in tight vats, pits, cisterns, hogsheads, or casks of a larger size 


* But see $ 27. 


f See $ 24. 



WHITE HERRING FISHERY. 785 

than hogsheads, and therein preserved in the pickle produced by their 
original cure, till the same shall have been packed in barrels, and which 
having been so packed in barrels, shall not have been afterwards laid 
in bulk ; or to any herrings cured otherwise than in bulk, mixed with 
herrings so cured as last above described. § 27. 

White herrings imported. — When any white herrings, packed 
in barrels or casks, shall be imported or brought into any port 
or place in Great B.ritain, from any island or colony under his Ma¬ 
jesty’s dominion, the barrels or casks containing the said herrings 
shall have been, or within twenty-four hours after the landing thereof 
and before the same shall be put into any warehouse, shall be branded 
with such word or words as after mentioned respectively, (that is to 
say,) if imported from any island or colony under his Majesty’s do¬ 
minion, with a word or words descriptive of the name of such island 
or colony respectively; which word or words shall be branded on 
every such barrel or cask respectively, in the manner herein directed, 
and shall remain thereon distinctly legible ; nor shall any such herrings 
be afterwards packed in any other barrels or casks, unless such word 
or words respectively, shall have been so branded thereon ; nor shall 
any such herrings be laid in bulk, or mixed with any other herrings, 
unless the same shall be so laid in bulk or mixed in a manufactory of 
red herrings for the purpose of being made into red herrings, under 
pain of being forfeited, and may be seized by any officer of the fishery 
or of the customs: Provided always, that notliing in the said act, 
48 Geo. III. c. 110, or in this act, relative to the size or thickness of 
the barrels or half-barrels in which white herrings shall be packed, or 
against their being made of fir, or relative to the exportation of white 
herrings, shall be construed to extend to white herrings imported in 
barrels or casks from any island or colony under his Majesty’s do¬ 
minions, such barrels or casks being branded in the manner herein 
directed. § 28. 

Size of letters to be branded on barrels. —Where any word or words 
is or are by this act directed or required to be branded on any barrel or 
cask, the same shall be so branded with a hot iron on the bulge thereof, 
in legible, conspicuous, and permanent letters, whereof each shall not 
be less than one inch and a half in length. § 29 

Barrels under weight not to be exported. —If any barrel of herrings, 
repacked with great salt, which shall not contain, exclusive of salt and 
brine, the quantity of fish hereinafter mentioned respectively, at the 
least, viz. if intended to be exported to any port or place in Europe, 
224 pounds weight, or if intended to be exported to any port or place 
out of Europe, 212 pounds weight, shall be shipped or tendered to 
any officer of the fishery, in order to be shipped for exportation to any 
such port or place as aforesaid respectively ; or if any barrel of herrings 
bung-packed, or repacked with small salt, which shall not contain, ex¬ 
clusive of salt and brine, 235 pounds weight of fish at the least, 
shall be shipped, or tendered to any officer of the fishery, in order 
to be shipped, for exportation to any port or place in Europe; the 
same shall be forfeited , and may be seized by any officer of the fishery. 

§ 35. 

Mode of settling disputes. —And whereas the provisions of the said 
act of the forty-eighth year of the reign of his late Majesty, for settling 
disputes between officers of the fishery and curers or proprietors ot 
herrings, in certain cases in the act mentioned, have not been found 
effectual; it is now enacted that, in every such case, any justice ot the 

3 E 


786 


BRITISH FISHERIES. 


peace, to whom application shall be made either by the officer or curer, 
shall appoint two skilful persons, who shall have no interest in the mat¬ 
ter in dispute, one to be nominated by the officer and the other by the 
opposite party; and if either party shall fail to make such nomination 
before or at the time when he shall be required by authority of the said 
justice (not being longer than twenty-four hours from the time of being 
required to make such appointment) so to do, then the said justice shall 
nominate one skilful person, not interested in the matter in dispute, in 
his place; and the person so appointed, upon examination of the mat¬ 
ters in dispute, shall certify on their oaths, to be taken before the said 
justice, their opinion on the matters aforesaid ; and if they shall agree 
in their opinion, the matter in dispute shall be determined accordingly; 
but if the arbitrators so to be appointed shall differ in opinion thereon, 
the said justice shall require them to name one other skilful person, not 
interested in the matter in dispute, which person so nominated shall 
examine the matters in dispute, and upon such examination shall certify 
upon oath, to be made before the said justice, his opinion thereon, and 
the said matter shall then be finally determined accordingly. § 36. 

IVhat vessels shall be deemed to be fitted , Sfc. —Any vessel or boat 
which shall be laden at any port or place in Great Britain, with salt in 
bulk or in barrels, intended to be used in the curing of herrings in bulk 
or in barrels, by the master and crew thereof, such herrings having been 
taken by the said master and crew on any part of the coasts of Great 
Britain, Ireland, or the Isle of Man, or purchased fresh by the said 
master, on any part of the said coasts, from the crews of other British 
boats by whom the same were taken, shall be deemed and taken to be a 
vessel or boat fitted out for the British herring fishery, within the 
meaning of the said act of 48 Geo. III. and of this act ; and where any 
such vessel or boat, having been so fitted out for the British herring 
fishery, and proceeded to any part of the coasts of Great Britain, Ire¬ 
land, or the Isle of Man, where the fishing of herrings shall have been 
carried on, and of which the master and crew shall have there taken or 
purchased herrings fresh, and cured the same in bulk or in barrels, 
shall arrive laden therewith in any port or place of Great Britain; or 
where any herrings, taken or purchased and cured as aforesaid, shall 
have been transhipped out of any such vessel or boat as aforesaid, 
into any other vessel or boat which shall arrive laden with the said her¬ 
rings in any port or place in Great Britain ; then and in either of these 
cases all such herrings shall be deemed to have been brought from the 
British herring fishery, within the meaning of the said act and this act. 
§38. 

Commissioners authorized to remit penalties. —From and after the 
passing of this act, in case any herrings, barrels, or casks, salt, nets, 
or netting, or any boats, shall be seized as forfeited in pursuance of the 
act of 48 Geo. III. c. 110. or of this act, the commissioners of the 
herring fishery, or any three of them may, on evidence given to their 
satisfaction that the forfeiture arose without any intention of fraud in 
the proprietor or proprietors, claimant or claimants, and person or per¬ 
sons having the custody, care, or management, for the time being, of 
such herrings, barrels, or casks, salt, nets, netting, or boats, to order the 
same to be restored to such proprietors or claimants, in such manner 
and on such conditions as under the circumstances of the case shall 
appear to be reasonable, and as they shall think fit to direct: Provided 
always, that if such proprietors or claimants shall accept the conditions 
prescribed, such proprietors or claimants, respectively, shall not, nor 


WHITE HERRING FISHERY. 

recom pense or damage, on account 
fOT «* herring 

for the same purpose. § *ti. • .m^annul, or alter or vary, any 

Recovery of penalties .—Any fine, penalty/or f to?ieV&A§ £*eo. in. c. 
said act of the forty-eighth year of his late Majesty, or by this act im¬ 
posed, except in any case where other provision is thereby made, may 
be sued for, recovered, levied, and mitigated, as any fine, penalty, or 
forfeiture, may be sued for, recovered, levied, and mitigated, by any 
law or laws of customs or excise, or by action of debt, bill, plaint, or 
information, in any of his Majesty’s courts of record at Westminster, or 
in the court of exchequer in Scotland, respectively; and one moiety of 
such fine, penalty, or forfeiture shall be to the use of his Majesty, and 
the other moiety to such person or persons as shall inform or sue for 
the same. § 42. 

Rules, fyc. to remain in force .—All the rules, regulations, and pro¬ 
visions, contained in the before recited act, and all the penalties and 
forfeitures imposed thereby, shall be in full force and effect, as if the 
same were reenacted in this act, unless where the same are altered, 
varied, or repealed by this act. § 43. 


1 and 2 Geo. IV. c. 79. 

An Act to repeal certain Bounties granted for the encouragement of 
the Deep Sea British White Herring Fishery , and to make further 
Regulations relating to the said Fishery. 

So much of 48 Geo. III. c. 110. or any other act as relates to the 
appointment of a superintendent of the deep sea herring fishery, re¬ 
pealed .—From and after the 1st day of June, 1822, so much of the act 
of the forty-eighth year of his said late Majesty’s reign, or of any other 
act, as relates to the appointment of a superintendent of the said deep 
sea fishery, and to the matters and things to be done by such super¬ 
intendent, shall be and the same is hereby repealed: Provided always, 
that nothing herein contained shall extend, or be construed to extend, 
to repeal any act or provision made for the appointment or employment 
of a superintendent of the British herring fishery, other than the said 
deep sea fishery . § 2. 

The commissioners may make regulations .—Provided always, and be 
it enacted, that from and after the passing of this act, it shall be lawful 
for the commissioners for the British white herring fishery, from time 
to time to make such rules and regulations directing by what means 
and methods the provisions of the acts herein recited, and now in force, 
or of this act, or of any act hereafter to be made relating to the said 
fishery, shall be observed, performed, and put in execution, and the pur¬ 
poses thereof duly answered and fulfilled, as to the said commissioners 
shall seem fitting and expedient; and that all such rules and regula¬ 
tions shall be as valid and effectual as if the same were set forth in 
this act, and shall be obeyed and carried into execution by the officers 
of the British herring fishery, and all other persons concerned. § 3. 

Size of measure .—If any person buying or receiving fresh herrings 
shall, for the purpose of ascertaining the quantity thereof, make use of 

3 e 2 


7g8 BRITISH FISHERIES. 

or shall have in his possession ^ as is 

same shall or shall not be brands. u j) e of „. reat er content or capacity 
required by the above repjte sucn cran or measure, shall forfeit 

the same, and also the sum of ten pounds , to be recovered and applied 
in the same manner as the like forfeitures are directed to be recovered 
and applied by the last recited act; and the commissioners for the 
British herring* fishery shall cause the said cran or measure to be burnt. 
§5. 

So much of the 55 Geo. III. c. 94. § 28. as requires that herrings im¬ 
ported from Ireland or the Isle of Man, to have the barrels branded with 
the names of the countries from whence they come, and the forfeitures 
thereby enacted on such herrings are hereby repealed. § 8. 

Quorum of commissioners. —And be it further enacted, that any thing 
by this act directed or required to be done by the commissioners for the 
British herring fishery, shall and may be done by such number of them 
as by the letters patent for the appointment of such commissioners is or 
shall be determined. § 9. 


1 Wm. IV. c. 54. 

An Act to revive, continue , and amend several Acts relating to the 

Fisheries. 

Whereas by an act passed in the forty-eighth year of the reign of his 
late Majesty King George the Third, intituled “ An Act for the further 
Encouragement and better Regulation of the British White Herring- 
Fishery, until the 1st day of June, 1813, and from thence to the end of 
the then next Session of Parliamentand by another act passed in the 
fifty-fifth year of the reign of his said late Majesty, intituled “ An Act to 
continue and amend several Acts relating to the British White Herring- 
Fishery and by another act passed in the first and second year of 
the reign of his late Majesty King George the Fourth, intituled “ An 
Act to repeal certain Bounties granted for the Encouragement of the 
Deep Sea British White Herring Fishery, and to make further Regu¬ 
lations relating to the said Fishery,” certain regulations were made re¬ 
specting the British white herring fisheries; and by the said acts various 
bounties were granted for the encouragement of the said fisheries : and 
whereas by the said act passed in the first and second year of the reign 
of his said late Majesty, and by an act passed in the fifth year of the 
reign of his late Majesty King George the Fourth, intituled “ An Act to 
amend the several Acts for the Encouragement and Improvement of 
the British and Irish Fisheries;” and by another act passed in the 
seventh year of the reign of his late Majesty King George the Fourth, 
intituled “ An Act to amend an Act of the fifth year of his present Ma¬ 
jesty, for amending the several Acts for the Encouragement and Im¬ 
provement of the British and Irish Fisheries,” the said bounties, or 
such of them us were then existing, have been repealed, such repeal 
having taken effect upon and from the 5th day of April, 1830; and 
whereas doubts may arise whether the repeal of the bounties aforesaid 
hath not rendered ineffectual certain of the provisions and regulations 
of the before-mentioned acts of the forty-eighth and fifty-filth years of 
the reign of his said late Majesty King George the Third, and of the 



WHITE HERRING FISHERY. 789 

first and second years of the reign of his late Majesty King George the 
Fourth, relative to the placing a mark or character on barrels contain¬ 
ing herrings properly cured, and it is expedient to remove such doubts; 
be it therefore enacted, that nothing in the said acts passed in the filth 
and seventh years of the reign of his late Majesty King George the 
Fourth hath repealed or rendered ineffectual so much of the said acts 
passed in the forty-eighth and fifty-fifth years of the reign of his late 
Majesty King George the Third, and of the first and second year of 
the reign of his late Majesty King George the Fourth, as relates to the 
placing a mark or character on barrels or half barrels containing her¬ 
rings properly cured, save only so far as respects the payment of any 
bounties therein mentioned ; and that, save and except so far as respects 
the said bounties, the said acts passed in the forty-eighth and fifty-fifth 
years of the reign of his said late Majesty King George the Third, and 
in the first and second years of the reign of his late Majesty King George 
the Fourth, with reference to the placing a mark or character on barrels 
containing herrings properly cured, and every other provision and regu¬ 
lation of the said acts which were in force on the said 5th day of April, 
1830, are and is and shall be in full force, virtue, and effect, as though 
the said acts so passed in the fifth and seventh years of the reign of his 
late Majesty King George the Fourth had not been made. § 1. 

Old barrels employed in the fisheries. —And be it further enacted, 
that if any person or persons shall ship or put on board any ship, vessel, 
or boat about to be employed in the said fisheries any old barrels or any 
old half barrels theretofore employed in the said fisheries which at. the 
time of such shipment shall bear any official brand theretofore affixed 
thereupon under and in pursuance of the said acts or any of them, or of 
this present act, or shall pack any herrings or other fish in any such old 
barrels or half barrels, all such old barrels or any old half barrels, and 
the herrings or other fish, shall be forfeited. § 2. 

Declarations, fyc. may be made on affirmation. —And whereas by 
the said acts passed in the forty-eighth and fifty-fifth years of the reign 
of his late Majesty King George the Third various oaths were required 
to be taken for the protection of his Majesty’s revenue, and it is no 
longer necessary that, with a view to that object, such oaths should 
continue to be administered ; be it therefore enacted, that all persons 
who, under and by virtue of the said recited acts of the forty-eighth and 
fifty-fifth years of the reign of his late Majesty King George the Third, 
were required to make any such declaration or statement on oath, shall 
henceforth be admitted to make such declaration or statement on their, 
his, or her affirmation, and without oath ; and if any person shall wil¬ 
fully and corruptly make any such declaration or statement falsety, 
every such person shall incur and become liable to a fine of not less than 
ten pounds, nor more than twenty pounds. § 3. 

Recovery of forfeitures. —And be it further enacted, that all penalties 
and forfeitures hereby imposed shall be sued for, recovered, and applied 
by such and the same persons, in such and the same manner, and to 
such and the same purposes, as any penalties and forfeitures incurred 
under the said acts of the forty-eighth and fifty-fifth years of the reign 
of his said late Majesty King George the Third may be sued for, re¬ 
covered, mitigated, and applied. § 5. 


tf 


790 


BRITISH FISHERIES. 


IRISH WHITE HERRING FISHERY. 


59 Geo. III. c. 109. 

An Act for the further Encouragement and Improvement of the Irish 

Fisheries. 

This was an act granting bounties on the tonnage of vessels fitted 
out in Ireland, and on herrings cured by the crews of such vessels; 
and for making rules and regulations for conducting the fishery, which 
act was to continue in force for five years, and to the end of the next 
session of parliament. 

In 1820, the 1 Geo. IV. c. 82. was passed, “ An Act to amend an 
Act of the 59 Geo. III. for the Encouragement and Improvement of 
the Irish Fisheriesby which other bounties were granted in lieu of 
former bounties on herrings, &c. taken by vessels employed in the open 
sea white herring fishery, which act was to be in force for four years, 
and until the end of the next session of parliament. 

In 1824, the 5 Geo. IV. c. 64. entitled “ An Act to amend the several 
Acts for the Encouragement and Improvement of the British and Irish 
Fisheries ” was passed, giving graduated bounties, payable till the 5 
July, 1825, on herrings and other fish taken and cured according to 
the directions of the 59 Geo. III. c. 109. and 1 Geo. IV. c. 82. and all 
the enactments of those acts were revived, “ as if all such regulations 
were repeated and reenacted in this act.” § 4. 

By the 7 Geo. IV. c. 34. “ An Act to amend an Act of the fifth 
year of his present Majesty, for amending several Acts for the Encou¬ 
ragement and Improvement of the British and Irish Fisheries,” various 
bounties were continued till the 5 April, 1830 ; and by § 4 all the 
clauses, provisions, regulations, matters, and things contained in, and 
all powers and authorities given by an act made in the 59 Geo. III. c. 
109.—and in and by an act made in the 1 Geo. IV. c. 82.—and in and 
by another act made in the said 1 Geo. IV. c. 103.—are hereby revived 
and continued, and shall be and remain in full force and effect, from 
the end of the last session of parliament until and upon the said 5th day 
of April, 1830. 

So that ALL THOSE RESPECTIVE ACTS, AND ALL MATTERS RELATING 
to bounty, have now expired, as have likewise the bounties granted 
by the 7 Geo. IV. c. 47. “ An Act to allow until the 5 April, 1830, 
certain Bounties on the Exportation from Ireland of Salmon, Red Her¬ 
rings, and Dried Sprats.” 

But the following clause of the 7 Geo. IV. c. 34. nevertheless remains 
in force :— 

Trammel nets shall not he used on the coast of Ireland without the 
licence of the commissioners of the Irish fisheries, and under such regu¬ 
lations as they shall direct. —And whereas by the said act, passed in 
the 59 Geo. III. c. ] 09. it is, among other things, enacted, that no drag 
net or other sea net which hath a mesh of less than three inches and a 


IRISH WHITE HERRING FISHERY. 791 

half from knot to knot, shall be made use of in catching any kind ot 
fish (except herrings, pilchards, sprats, shrimps, and prawns, and small 
shell-fish for bait,) upon any parts of the coast of Ireland, or within 
any of the bays, harbours, rivers, or creeks thereof, upon penalty of the 
forfeiture of such nets, and of a sum not less than forty shillings , nor 
exceeding ten pounds: And whereas certain nets called trammel nets, 
with meshes of less than three inches and a half from knot to knot, have 
been used upon certain parts of the coast of Ireland, and in some of 
the bays, harbours, rivers, and creeks thereof, and it is expedient that 
the use of such trammel nets should be restrained and regulated ; be 
it therefore enacted, that from and after the passing of this act no tram¬ 
mel nets shall be made use of on any part of the coasts of Ireland, or 
within any of the bays, harbours, rivers, or creeks thereof, without the 
licence and consent of the commissioners of the Irish fisheries; and that 
the licence and consent of such commissioners may be granted for the 
using of such nets at such places, or within such districts or limits, in 
such manner, and on such conditions, and under such general or local 
or particular regulations, as well with respect to the size and shape of 
the said nets, as to the places in which the same be used, as the said 
commissioners shall think fit to order and direct; and that a copy of 
such regulations, applying either generally to all coasts and places, or 
locally to any particular coast, bay, harbour, river, or creek, and signed 
by the secretary to such commissioners, shall be transmitted to the pro 
per inspector or officer of the fishery on the coast, or at the bays, har¬ 
bours, rivers, or creeks, to which such regulations shall generally or 
specially relate ; and that such inspector or other officer of the fisheries 
shall publish such orders and regulations, by posting and distributing 
copies of the same in such manner as such commissioners shall direct; 
and that if any person or persons shall make use of any trammel net 
without the licence and consent of the said commissioners of the fishery, 
or in any manner act contrary to the conditions, rules, and regulations 
to be made by the said commissioners with respect to the same, and 
signified as aforesaid, every person so offending, and being thereof con¬ 
victed, shall for every such offenc e forfeit and lose such net or nets , and 
shall also forfeit a sum not less than forty shillings , nor exceeding ten 
pounds , to be recovered and applied in like manner as is directed by 
the said recited act with respect to forfeitures for the using of any net 
or nets contrary to the directions of the said recited act. § 5. 


10 Geo. IV. c. 33. 

An Act to amend the several Acts for the Encouragement of the Irish 

Fisheries. 

Promissory notes not exceeding ten pounds given for purposes herein 
mentioned made recoverable at petty sessions. —'‘Whereas the commis¬ 
sioners of the Irish fisheries are in the habit of advancing to fishermen 
small sums in the way of loan, out of the annual sum Qf five thousand 
pounds disposable for that purpose under the 59 Geo. III. c. 109. as 
amended by the 5 Geo. IV. c. 64.; and such sums are advanced, not 
by paying the sums into the hands of the fishermen, but by expending 
the same in building and repairing boats for them, and also in supply¬ 
ing them with various implements and materials necessary for following 
the occupation of fishing ; and the commissioners have hitherto required 
promissory notes or other securities to be entered into, for the punctual 


792 


BRITISH FISHERIES. 


repayment of the sums so advanced, with legal interest thereon, so as 
thereby to preserve a reproductive fund for encouraging regular and 
industrious habits among the poorer classes of fishermen inhabiting the 
coasts of Ireland ; and the said fund having been the means of affording 
great public relief, and producing great public advantage, it is expe¬ 
dient to afford every facility for the prompt recovery of the monies ad¬ 
vanced for such purposesit is therefore enacted, that any promissory 
note or other security for any sum not exceeding ten pounds given for 
the purposes herein-before mentioned (which are now by law recoverable 
by civil bill before assistant barristers) may be sued for and recovered, 
before any two justices assembled in any petty sessions to be held in 
or near the place where the person or persons sued shall have been last 
known to reside. § 1. 

Personal service in certain cases not required. —Whenever it shall be 
proved that service of process could not be effected in the usual and 
accustomed manner upon any fisherman, or his surety, but that a true 
copy had been affixed, fourteen days at the least before the day ap¬ 
pointed for the party to appear, upon the door of the house, or usual 
or last known place of residence of the person so to be sued, and upon 
the door of the parish-church, and upon the door of the Roman Catholic 
chapel, it shall be lawful for such assistant barrister or justices to hear 
and determine any such suit as aforesaid, although the defendant shall 
not appear. § 2. 

Costs. —Any costs of proceedings shall not exceed the rate of charge 
established for suitors by civil bill before^assistant barristers under the 
36 Geo. III. of the parliament of Ireland, “ for the better and more 
convenient administration of justice, and for the recovery of small debts 
in a summary way at the sessions of the perjbe.” § 3. 

Commissioners may make advances , It shall be lawful for the 

commissioners of the Irish fisheries, so «$ir as the extent of the funds 
vested in them will admit, to enter into any contracts for the erec¬ 
tion of any piers, or for the advance or repayment of any loans* under 
the said recited acts, although the time necessary for the completion of 
such works, or for the repayment of such loans, may extend to a period 
beyond the 5th April, 1830. 

Boats used in fishing on the coast of Ireland are not required to be 
licensed. See 2 and 3 Wm. IV. c. 84. § 17. page 429. 

I Wm. IV. c. 54. 

An Act to revive , continue , and amend several Acts relating to the 

Fisheries. 

This act,f after reciting the 48 Geo. III. c. 110. continued the 
regulation of branding barrels; and after reciting the 59 Geo. III. 
c. 109. “ An Act for the further Encouragement of the Irish Fisheries ” 
directs (§ 6.) that the power and authorities of that act shall be revised 
for the purposes of this act; but as those powers only relate to the 
completing piefs in Ireland, commenced before the 5th of April, 1830, 
or in relation to the repayment of any loan to poor fishermen, (not to ad¬ 
vancing any loan to them,) and in no other way relates to the fisheries, 
the clauses are omitted as being unnecessary in a work of this kind. 


* See the next act. 


f See page 788. 







BRITISH FISHERIES. 


793 


SOUTHERN WHALE FISHERY. 


The Southern Whale Fishery was first established by the 
16 Geo. III. c. 47., but the provisions in that act, as well as those in 
the 26 Geo. III. c. 50.—2S Geo. III. c. 20.—and 29 Geo. III. c. 53., 
were repealed by the 35 Geo. III. c. 92.; which latter act, and also the 
53 Geo. III. c. 111. were repealed by 6 Geo. IV. c. 105. 

The last act by which premiums were granted for vessels employed 
in the fishery was the 59 Geo. III. c. 113. (1819) which gave bounties 
for a certain number of ships arriving within limited periods. These 
ceased on the 31 December, 1823. 

The limits within which vessels, fitting and clearing for the Southern 
Whale Fishery, were allowed to sail and pass, were formerly regulated 
by the 35 Geo. III. c. 92.-38 Geo. III. c. 57.-42 Geo. III. c. 18.— 
43 Geo. III. c. 90.—51 Geo. III. c. 34.,—and 53 Geo. III. c. 155.; but 
they have all been repealed by the 4 Geo. IV. c. 80.—“ An Act to con¬ 
solidate and amend the several Laws now in force with respect to Trade 
from and to places within the limits of the Charter of the East India 
Company, and to make further provisions with respect to such Trade ; 
and to amend an Act of the present Session of Parliament for the Register ¬ 
ing of Vessels, so far as it relates to Vessels registered in India.” And 
now ships and vessels clearing out for such fisheries are subject to the 
same restrictions as other vessels trading to places within the limits of 
the East India Company’s charter. 

See East India Trade, page 755. 

By the 59 Geo. III. c. 113. § 6. (still in force,)— 

Whale-boats not liable to seizure on account of their built , Sfc .—No 
boat used as a whale-boat, shall be liable to seizure on account of her 
built, provided, on the return of such vessel, such boat shall be laid up, 
and shall not be employed but in the said fisheries. 


7 Geo. IV. c. 48. 

An Act to alter and amend the several Laws relating to the Customs. 

Foreigners navigating ships in southern whale fishery. —And whereas 
by an act passed in the 35 Geo. III. intituled “ An Act for the further 
Encouraging and Regulating the Southern Whale Fisheries,” certain 
foreigners were permitted to be employed as masters or seamen in navi¬ 
gating ships employed in such fisheries: and whereas the said act will from 
and after the 5th day of July next be repealed ; and it is expedient to 
continue such privilege to persons who have been actually so employed ; 
be it therefore enacted, that it shall be lawful for any person who shall 
have been actually so employed under the authority of the said act, to go 
before the collector and comptroller of the customs at the port from w hence 
the ship in which he last so served shall have cleared out for the voyage 
on which he was employed in the same, and make proof of such service 
to the satisfaction of such collector and comptroller, and thereupon such 
collector and comptroller shall enrol the name of such person, and shall 
give to him a certificate of such proof, and such person producing such 


794 


BRITISH FISHERIES. 


certificate shall at all times thereafter be deemed to hold the qualification 
of a British seaman for the purpose of navigating any ship employed in 
the southern whale fisheries ; any thing in the law of navigation to the 
contrary notwithstanding. § 23. 

For the regulations respecting the Certificates, &c. that Blubber, Train 
Oil, &c. is of British colonial fishing, see 6 Geo. IV. c. 107. §§ 43, 44, 
page 454. 

For the duties on Blubber, Train Oil, &c. see Schedule of Duties 
Chap. VI. 


NEWFOUNDLAND FISHERY. 


795 


THE NEWFOUNDLAND FISHERY. 


The 10 and 11 Wm. III. c. 25. laid the foundation of the laws for 
regulating the Newfoundland fishery; but that has been repealed. 

The next act was the 15 Geo. III. c. 31. of which the fourth section 
is now alone in force, the 2, 7, 12, 13, 14, 17, and 18. having been 
repealed by the 5 Geo. IV. c. 51. and so much as remained unrepealed 
and related to the Customs was repealed by the 6 Geo. IV. c. 105. 
§ 143. 


15 Geo. III. c. 31. 

Sect. 4.—“ And in order to obviate any doubts that have arisen, or 
may arise, to whom the privilege or right of drying fish on the shores of 
Newfoundland , does, or shall belong, under the before-mentioned act, 
(10 and 11 Wm. III.) which right or privilege has hitherto only been 
enjoyed by his Majesty’s subjects of Great Britain , and the other 
British dominions in Europe be it enacted, &c. that the said right and 
privilege shall not be held and enjoyed by any of his Majesty’s subjects 
arriving at Newfoundland from any other country except from Great 
Britain , or one of the British dominions Tn Europe. 


26 Geo. III. c. 26. 

An Act to amend and render more effectual the several Laws now in 
force for encouraging the Fisheries carried on at Newfoundland and 
parts adjacent, from Great Britain , Ireland , and the British Domi¬ 
nions in Europe ; and for granting Bounties , for a limited time , on 
certain terms and conditions. 

[So much of this act as relates to the revenue of customs was re¬ 
pealed by 6 Geo. IV. c. 105. § 175. and the clauses now in force, are 
as follow.] 

Residents at Newfoundland not to sell their boats , fyc. to foreigners .— 
It shall not be lawful for any person residing in Newfoundland, or 
carrying on fishery on the banks thereof, there to sell, barter, or ex¬ 
change, any ship, vessel, or boat, of what kind or description soever, or 
any tackle, apparel, or furniture, used, or which may be used, by any 
ship, vessel, or boat; or any seans, nets, or other implements or 


796 


BRITISH FISHERIES. 


utensils, used, or which may be used, in catching or curing fish ; or any 
kind of bait whatsoever, used, or which may be used, in the catching 
of fish ; or any kind of fish, oil, blubber, seal-skins, peltry, fuel, wood, 
or timber, to or with any person whatsoever, other than the subjects of 
his Majesty. § 14. 

Penalty for so doing. —If any person offend against the preceding 
section, it shall be lawful for the governor of Newfoundland, or his sur¬ 
rogates, or any justice of the peace of Newfoundland, to issue his war¬ 
rant to apprehend every such offender, and, on the oath of one or more 
credible witness or witnesses, to commit him to prison, there to remain 
until the next court of session ; and every such person, if found guilty, 
shall forfeit treble the value of the articles so sold, &c.; and, in case of 
nonpayment of the penalty, the court may order such person to be 
punished and dealt with in the same manner as deserters are. § 15. 

No purchases to be made of foreigners. —No person, residing or carry¬ 
ing on fishery in Newfoundland, or parts adjacent, or on the banks, 
shall there purchase, or take in exchange, or by way of barter, any goods 
or commodities whatsoever, from any person being a subject of any 
foreign state ; and every such person, offending herein, shall be appre¬ 
hended and committed to prison, and on conviction before the court of 
session, shall forfeit treble the value of such goods or commodities so 
purchased, &c. ; and in case of nonpayment of the penalty, it shall be 
lawful for the court to order such person to be dealt with in the same 
manner as is directed with respect to deserters. § 16. 

Exceptions to the preceding sections. —Provided, that nothing herein 
contained shall extend to prevent bread, flour, Indian corn, and live 
stock, from being imported into Newfoundland in certain British vessels, 
according to act of parliament. § 17. 

Commanders in the navy may stop and examine vessels. —It shall be 
lawful for every officer, commanding any of his Majesty’s ships at New¬ 
foundland, to stop and detain all and every ship, vessel, or boat, of 
what nature or description soever, coming to, or going from the said 
island, and belonging to, or in the service or occupation of any of his 
Majesty’s subjects residing in, trafficking with, or carrying on fishery in, 
the island of Newfoundland, parts adjacent, or on the banks, in any 
place within the limits of his station, and to detain, search, and examine, 
such ship, &c., and if, upon search or examination, it shall appear that 
there is reasonable ground to believe that such ship, &c., or any tackle, 
apparel, or furniture, used, or which may be used, by any ship, &c., or 
any implements or utensils, used, or which maybe used, in the catching 
or curing of fish, or any fish, oil, blubber, seal-skins, fuel, wood, or tim¬ 
ber, then on board of such ship, &c., were intended to be sold, bartered 
for, or exchanged, to the subjects of any foreign state, or shall be dis¬ 
covered to have been sold, bartered for, or exchanged ; or if any goods 
whatsoever shall be found on board such ship, &c., or shall be discovered 
to have been on board, having been purchased or taken in barter or ex¬ 
change, from the subjects of any foreign state; in every such case, he 
shall seize and send back such ship, vessel, or boat, to Newfoundland; 
and such ship, &c. shall, upon due condemnation, be forfeited and lost; 
and may be prosecuted, for that purpose, by the officer so seizing the 
same, in the vice-admiralty court of Newfoundland ; one moiety of which 
forfeiture to be given to the said officer, and the other moiety to the 
governor of Newfoundland, to be applied in defraying the passages* 


The clauses relating to these passages are repealed. 




NEWFOUNDLAND FISHERY. 


797 


home of such persons as are directed to be sent back to the country to 

tore not of service for the guidance of a merchant,, u* ^ ^master. 

Commencement of actions. —Every action or prosecution in coi* 00 - 
quence of this act shall be commenced within three months after the. 
offence shall have been committed ; but if the parties have quitted 
Newfoundland, such action or prosecution shall be commenced within 
three months after return to Great Britain. § 23. 

Disposal of penalties. —One moiety of the fines or penalties inflicted 
by this act, or by the acts herein recited, and to be levied upon the 
seamen or fishermen, (except those for neglect of duty,) and one moiety 
of such ships, vessels, or goods, as shall be seized, condemned, and 
forfeited, as before mentioned, (except where the distribution is other¬ 
wise directed by this act,) shall be given to the informer, and the other 
moiety to the governor of Newfoundland, to be applied in defraying the 
passages* home of such persons as are directed to be sent back to the 
country to which they belong. § 24. 


5 Geo. IV. c. 51. 

An Act to repeal several laws relating to the Fisheries carried on vpon 
the Banks and Shores of Newfoundland, and to make provision for the 
better conduct of the said Fisheries for Jive years , and from thence to 
the end of the then next session of Parliament. 

Acts and parts of acts repealed. —The act 10 and 11 Wm. II I. c. 25. 
intituled “ An Act to encourage the Trade to Newfoundland 
the 15 Geo. III. c. 31. intituled “ An Act for the Encouragement of 
the Fisheries carried on from Great Britain, Ireland, and the British 
dominions in Europe, and for securing the return of the Fishermen, 
Sailors and others employed in the said Fisheries, to the ports thereof, 
at the end of the Fishing Season,” sections 2, 7, 12, 13, 14, 17, 18— 
the 26 Geo. III. c. 26, intituled “ An Act to amend and render more 
effectual the several Laws now in force for encouraging the Fisheries 
carried on at Newfoundland and Parts adjacent, from Great Britain, 
Ireland, and the British Dominions in Europe, and for granting 
Bounties for a limited time, on certain Terms and Conditions,” sections 
5, 6, 11, 12, 13, 18, and 19,—and so much of another act, 29 Geo. III. 
c. 53. intituled “ An Act for further encouraging and regulating the New¬ 
foundland and Greenland and Southern Whale Fisheries,” as relates 
to the privilege of landing and drying fish in Newfoundland, shall be 
repealed. § 1. 

Aliens not to fish. —No alien or stranger whatsoever snail at any 
time hereafter take bait, or use any sort of fishing whatsoever in New¬ 
foundland, or the coasts, bays, or rivers thereof, or on the coast of 
Labrador, or in any of the islands or places within or dependent upon 
the government of the said colony, always excepting the rights and 
privileges granted by treaty to the subjects or citizens of any foreign 
state or power in amity with his Majesty. § 2. 


The clauses relating to these passages are repealed. 




798 


BRITISH FISHERIES. 


*„LZ g t, Cwnns ’ and dr V in SM to be freely enjoyed by 

subjects.— It.Shall and may be lawful for all his Majesty’s subiecte 
restdmg ,n the United Kingdom, or in any of his Majesty’s copies 
to have, use, and enjoy the free trade a nr * ** f y~ k a J 

and fishery to »uuiiaHTna and Ihe coast of Labrador, and 

; ,u a.iu every the islands or places within or dependent upon the govern¬ 
ment of Newfoundland, and peaceably to have, use, and enjoy the 
freedom of fishing and taking bait in any of the seas, rivers, lakes, 
creeks, harbours, or roads in or about Newfoundland or the said coast 
of Labrador, or any of the islands adjacent thereunto ; and liberty 
to go on shore on any vacant or unoccupied part of Newfoundland, or 
the said coasts of Labrador, or any of the said islands adjacent there¬ 
unto, for curing, salting, drying, and husbanding of their fish, and for 
making oil; and to cut down wood and trees on any such vacant or 
unoccupied place, for building and making or repairing of stages, 
ship-rooms, train-fats, hurdles, ships, boats, and other necessaries for 
themselves and their servants, seamen, and fishermen, and all other 
things which may be useful or advantageous to their fishing trade to 
do, as fully and freely as at any time heretofore. § 3. 

Certificates to be granted for vessels cleared out .*—Whenever any 
ship or vessel shall be cleared out from any port in the colony of 
Newfoundland, or in any other part of his Majesty’s dominions, for 
the said fisheries, without having on board any article of traffic, (except 
only provisions, nets, tackle, and other things, usually employed in 
the said fishery, and for the carrying on of the same,) the master shall 
be entitled to demand from the collector, or principal officer of customs 
at such port, a certificate under his hand, that such vessel hath been 
specially cleared out for the Newfoundland fishery, for which certificate 
a fee of five shillings and no more shall be payable to such collector or 
officer, and such certificate shall be in force for the fishing season of 
the year, and no longer; and upon the first arrival in any port in the 
said colony of Newfoundland, or its dependencies, of any ship or vessel 
having on board any such certificate, a report thereof shall be made by 
the master, to the principal officer of customs, who shall forthwith make 
an entry of such report in the books of the custom-house, and for 
receiving and registering such report, a fee not exceeding five shillings 
shall be taken by such officer; and all ships and vessels having on 
board any such certificate, which hath been duly reported to some officer 
of customs within the colony, and being actually engaged in the said 
fishery, or in carrying coastwise, to be landed or put on board any 
other ships or vessels, any fish, oil, salt, provisions, or other necessaries, 
shall be exempt from all obligation to make any entry at or obtain any 
clearance from any custom-house at Newfoundland, upon entering the 
ports of the said colony or its dependencies, during the continuance of 
the fishing season : Provided nevertheless, that when any such ship or 
vessel shall finally quit the said fishery, for any country or place not 
being within the said colony or the dependencies thereof, such ship or 
vessel shall obtain the usual clearance from some port in the said colony ; 
and previously to obtaining such clearance, the master shall deliver up 
the before-mentioned certificate to the principal officer of customs of 
such port: Provided also, that in case any such ship or vessel shall 
have on board, during the time the same may be engaged in the said 
fishery, any goods or merchandises whatsoever other than fish, seals. 


* See also, and further as to Labrador, 6 Geo. IV. c. 114. § 17. page 63G. 




NEWFOUNDLAND FISHERY. 799 

oil made of fish or seals, salt, provisions, or other things, being the 
produce of or usually employed in the said fishery, such ships or vessels 
shall forfeit the said fishing certificate, and shall thenceforth be subject 
to all the same rules, restrictions, and regulations, as such ships or 
vessels would have been subject to if this act had not been made. 
§4. 

Penalty on persons throwing out ballast. —-No ballast, stones, or 
any thing else hurtful or injurious to any of the harbours there, shall 
be thrown out of any ship, vessel, or boat, or otherwise, by any person 
or persons, to the prejudice of any of the said harbours, but all such 
ballast and other things shall be carried on shore and be laid where 
they may do no annoyance ; and if any person or persons shall throw 
out any ballast, stones, or other thing hurtful or injurious to any of 
the harbours, or shall wantonly or maliciously do or procure to be done 
any other matter or thing whereby any of the said harbours shall or 
may be damaged or impaired, the person or persons so offending shall 
become liable to the payment of any fine, not less than forty shillings 
nor more than fifty pounds sterling, British money, or to imprisonment 
for any time not exceeding one calendar month, or both, at the discre¬ 
tion of the court. § 5. 

Annoyances in hauling nets. —No person or persons shall cast 
anchor or do any other matter to the annoyance or hindering of the 
hauling of nets or seans in the customary baiting places, or shoot his 
or their net or scan within or upon the net or sean of any other person 
or persons ; and no person or persons shall steal, purloin, or take any 
fish or bait out of the net or sean of any other person or persons, lying 
adrift or drover for bait by night. § 6. 

Agreements for wages .—No person or persons shall employ at New¬ 
foundland, or any of the dependencies, any seamen or fishermen going 
as passengers, or any seamen or fishermen hired there, without first 
entering into an agreement or contract with every such seaman or 
fisherman, declaring what wages or shares such seaman or fisherman 
is to have, and the time for which he shall serve, and in what manner 
such wages or shares are to be paid or allowed; and every such 
agreement or contract shall be made in writing, and shall be signed by 
all the parties. § 7. 

Employers not to advance more than three-fourths of wages during 
service. —No hirer or employer shall pay or advance to such seaman 
or fisherman in money or goods, during the time he shall be in service, 
more than to the amount of three-fourths of the wages or shares which 
by the contract or agreement shall be agreed to be paid or allowed to 
such seaman or fisherman; but such hirer or employer shall imme¬ 
diately upon the expiration of every such seaman or fisherman’s cove¬ 
nanted time of service, pay either in money or goods, (according as 
may be in such contract or agreement agreed upon in writing,) to every 
such seaman or fisherman, the full balance of one-fourth part of his 
stipulated wages or shares aforesaid; and it shall not be lawful for any 
such hirer or employer to turn away or discharge any such seaman or 
fisherman, except for wilful neglect of duty or other sufficient cause, 
before the expiration of his stipulated time of service ; and in case the 
hirer or employer shall refuse or neglect to comply with any of the 
terms before mentioned, or shall otherwise offend against this act, 
every such person shall forfeit for every such offence not less than 
Jive pounds nor more than fifty pounds sterling, to the use of such 
person or persons as shall inform or sue, to be recovered in the supreme 


eoo 


BRITISH FISHERIES. 


court of Newfoundland, or by bill, plain*, or information in any court 
of record at Westminster: Provided always, that every such suit or 
prosecution, if the same be commenced in Newfoundland, shall be com¬ 
menced within one year; and if commenced in any court of record at 
Westminster, within tw-o years. § 8. 

Agreements to be produced by hirer in case of dispute. —In all cases 
where disputes shall arise concerning the wages, the hirer or employer 
shall produce the contract or agreement, and also give a copy thereof to 
every such seaman or fisherman, if required. § 9. 

Fish and oil subject to payment of wages.- —All the fish and oil which 
shall be taken and made by the person or persons who shall hire or em¬ 
ploy such seaman or fisherman, shall be subject in the first place to the 
payment of the wages or shares of every such seaman or fisherman, and 
of the demands of such person or persons as shall bond fide supply 
bait to such seaman or fisherman for the use of the hirer or employer. 
§ 10 . 

Penalty on persons absenting themselves. —In case any such seaman 
or fisherman shall at any time wilfully absent himself from his duty 
without leave and consent, or wilfully neglect or refuse to work, accord¬ 
ing to his contract or agreement, such seaman or fisherman shall for 
every day, forfeit any number of days’ pay or shares not exceeding thirty 
to such hirer or employer; and if any such seaman or fisherman shall 
wilfully absent himself from his said duty for the space of fourteen 
days without leave, he shall be deemed a deserter, and shall forfeit to 
such hirer or employer all such wages as shall at the time of such 
desertion be due to hl^i; and it shall be lawful for any justice or justices 
of the peace of Newfoundland, or the dependencies, to issue warrants 
to apprehend every such deserter, and on the oath of one or more wit¬ 
nesses, to commit him to prison, there to remain until the next court of 
sessions; and if found guilty of the offence at such court, it shall be 
lawful for the said court to order such deserter to be imprisoned for not 
exceeding three calendar months, and afterwards to be put on board a 
passage ship, in order to his being conveyed back to the country whereto 
he belongs, in case such deserter be not a native of or settled within the 
colony. § 11. 

Instructions for fulfilling treaties , fyc. with foreign states. —It shall 
be lawful for his Majesty, by advice of his council, from time to time to 
give orders and instructions to the governor of Newfoundland, or to 
any officers on that station, to fulfil the purposes of any treaty or treaties 
now in force between his Majesty and any foreign state or power; and 
in case it shall be necessary to that end, to give orders and instructions 
to the governor or other officers aforesaid, to remove any stages, flakes, 
train-fats, or other works whatever, for the purpose of carrying on the 
fishery, erected by his Majesty’s subjects on that part of the coast of 
Newfoundland which lies between Cape Saint John passing to the 
north, and descending to the western coast of the said island to the 
place called Cape Raye, and also all ships, vessels, and boats belonging 
to his Majesty’s subjects which shall be found within the limits afore” 
said ; and also, in case of refusal to depart from within the limits 
aforesaid, to compel any of his Majesty’s subjects to depart from thence 
§ 12 . 

Penalty on neglecting to comply with such instructions. —If any per¬ 
son shall refuse, upon requisition made by the governor, or any officer 
acting under him, to depart from within the limits, or conform to such 
requisitions and directions as such governor or other officer shall make 


NEWFOUNDLAND FISHERIES. 801 

or give, every such person so refusing or offending, shall forfeit fifty 
pounds sterling: Provided, that every such suit or prosecution, if in 
Newfoundland, shall be commenced within one year ; and if in any 
court of record at Westminster, within two years. § 13. 

Governor empowered to dispose of ship-rooms. —The governor of New¬ 
foundland shall have power, and is hereby authorized to sell, lease, or 
dispose of all places within the said island of Newfoundland, commonly 
called “ ship-rooms,” as may not be already disposed of, to be held in 
the same manner as other property in Newfoundland : Provided, that 
nothing herein shall extend to the prejudice of any private right of any 
person whatever. § 14. 

His Majesty may grant waste lands , fyc. —It shall be lawful for his 
Majesty to grant to any persons any waste and unoccupied lands within 
the said colony, and which have not hitherto been granted to any person 
or persons ; any thing in any charter, or in any act of parliament, to 
the contrary notwithstanding. § 15. 

Recovery of penalties. —All penalties hereby imposed may be sued 
for and recovdfed in any court of record in the colony of Newfoundland, 
or its dependencies, and shall be applied, one half to the benefit of any 
person who may sue or inform, and the other half to his Majesty, for 
the support of the government of the colony. § 16. 

Continuance of act. This act shall continue in force till 31st of De¬ 
cember, 1832. 10 Geo. IV. c. 17. 


2 and 3 Wm. IV. c. 79. 

An Act to continue , until the 31s£ day of December , 1834, an Act of 
the fifth year of his late Majesty , relating to the Fisheries in New¬ 
foundland . [1st August, 1832 ] 

Whereas an act was passed in the fifth year of the reign of his late 
Majesty.King George the Fourth, intituled “ An Act to repeal several 
Laws relating to the Fisheries carried on upon the Banks and Shores 
of Newfoundland, and to make Provision for the better Conduct of the 
said Fisheries for Five Years, and from thence to the End of the then 
next Session of Parliament.” And whereas by an act passed in the 
tenth year of his said late Majesty’s reign the said recited act, together 
with certain other acts therein mentioned, were continued in force until 
the 31st day of December, 1832; and it is expedient that the said act 
be further continued ; be it therefore enacted, that the said act so passed 
as aforesaid in the fifth year of his said late Majesty’s reign shall be 
and the same is hereby continued, and shall be and remain in force 
until the 31st day of December, 1834, and no longer. 


802 


BRITISH FISHERIES, 


GREENLAND AND DAVIS’S STRAITS FISHERY. 

The Bounties and Regulations relating thereto having ceased, the 
acts are now omitted. 

It may be useful here to remark that the Greenland Seas, and Davis’s 
Straits, and Seas adjacent, were deemed, by the act 26 Geo. III. ch. 41. 
to extend to the latitude of 59° 30" north, and no further. 

For the Treaty with the United States of America, respecting Ame¬ 
ricans fishing and drying fish on the coast of Newfoundland, see page 
524. 


CONSULAR FEES, &c. 


803 


CHAPTER XV. 


CONSULAR FEES, &c. 

In consequence of repeated representations made to the British Govern¬ 
ment, as well by Consuls as the Owners of Vessels and other persons, with 
respect to the remuneration to be paid to Consuls abroad for various 
duties required of them, the following act was passed, by which provi¬ 
sion is made for their salaries and the regulation of their fees; and that 
no misunderstanding may prevail upon the subject, all the clauses relat¬ 
ing thereto are given at length. The other clauses relate to different 
subjects. 

Whenever any Order in Council shall be issued by virtue of that act to 
alter those fees, the same will be notified in the subsequent impressions 
of the work. 


6 Geo. IV. c. 87. 

An Act to regulate the Payment of Salaries and Allowances to British 
Consuls at Foreign Ports , and the Disbursements at such Ports for 
certain public Purposes. 

His Majesty may grant salaries to consuls. —It shall be lawful for 
his Majesty, by any order or orders to be issued by and with the advice 
of his privy council, to grant to all or any of the consuls general or con¬ 
suls appointed by his Majesty to reside within any of the dominions of 
any Sovereign or foreign state or power in amity with his Majesty, such 
reasonable salaries as to his Majesty shall seem meet, and by and with 
such advice as aforesaid, from time to time to alter, increase, or diminish 
any such salaries or salary as occasion may require. § 1. 

Terms on which salaries shall be granted. —Such salaries shall be paid 
to such consuls without fee or deduction during his Majesty’s pleasure, 
and so long only as they shall be actually resident at the places at which 
they may be so appointed to reside, and discharging the duties of such 
their offices : but provision made for leave of absence. § 2. 

Salaries so granted to be in lieu of salaries and fees formerly paid. 
—The salaries so to be granted by his Majesty shall be taken and re¬ 
ceived by the said consuls general and consuls in lieu of and as a com¬ 
pensation for all salaries heretofore granted to them or any of them, and 
all fees of office and gratuities heretofore demanded, received, or taken 
by them of or from the masters or commanders of British ships, or of or 
from any other persons or person, for or in respect of any duties or ser¬ 
vices by such consuls general or consuls done, performed, or rendered, 
for or to any such masters or commanders, or other person or persons as 
aforesaid ; and no such consuls general or consuls shall, from and after 
the 1st of January, 1826, be entitled on account of any act, matter, or 
thing by him done or performed in the execution of such his office, or 



80,4 CONSULAR FEES, &c. 

on account of any service by him rendered to any masters or commander* 
of British ships, or to any other person or persons, in the execution of 
such his office, to ask, demand, have, receive, or take any fees, recom¬ 
pense, gratuity, compensation, or reward, or any sum or sums of money, 
save as hereinafter is excepted. § 3. 

Certain fees allowed to be taken as mentioned in the tables A. and B. 
annexed. —Provided always, that it shall be lawful for all consuls general 
and consuls appointed by his Majesty, and resident within the dominions 
of any Sovereign, or any foreign state or power in amity with his Ma¬ 
jesty, to accept, take, and receive the several fees particularly mentioned 
in the tables to this present act annexed, marked with the letters (A.) 
and (B.), for and in respect of the several matters and things, and 
official acts and deeds particularly mentioned in the said schedules ; and 
that it shall be lawful for his Majesty, by any order or orders to be by 
him made, by and with the advice of his privy council, from time to 
time, as occasion may require, to increase or diminish, or wholly to 
abolish, all or any of the fees aforesaid, and to establish and authorize 
the payment of, any greater or smaller or new or additional fees or fee, 
for or in respect of the several matters and things mentioned in the said 
schedules or any of them, or for or in respect of any other matter or 
thing to be by any such consul general or consul drnie or performed in 
the execution of such his office. § 4. 

Penalty on consuls demanding more fees than specified in the schedule 
or specified in any order in council .—In case any consul general or 
consul appointed by his Majesty shall, by himself or deputy, or by any 
person authorized thereto in his behalf, ask, demand, receive, take, or 
accept, for or on account of any matter or thing by him done or per¬ 
formed in the execution of such his office, or for or on account or under 
pretence or by reason of any service or duty by him rendered, done, or 
performed in such his office for any person or persons whomsoever, any 
other or greater fee, reward, gratuity, gift, or remuneration than is men¬ 
tioned and specified in the said schedule, (or than shall be sanctioned 
and specified in or by any such order or orders in council as aforesaid,) 
the person or persons so offending shall forfeit and become liable to pay 
to his Majesty, his heirs and successors, any sum of sterling British 
money, not exceeding the amount of the salary of such person for one 
year, nor less than the twelfth part of such annual salary, at the discre¬ 
tion of the court in which such penalty may be recovered, and shall 
moreover upon a second conviction for any such offence forfeit such his 
office, and for ever after become incapable of serving his Majesty in the 
same or the like capacity. § 5. 

Tables of fees to be exhibited at custom houses. —A printed copy of the 
tables of fees allowed by this act, (or which may or shall be sanctioned 
or allowed by any order to be made in pursuance of this act, by his 
Majesty in council,) shall be exhibited in a conspicuous manner, for the 
inspection of all persons, in the custom house in the port of London, and 
in all other custom houses in the several ports and harbours of the 
United Kingdom of Great Britain and Ireland ; and printed copies 
thereof shall, by the collector or other chief officer of customs in all such 
ports and harbours as aforesaid, be delivered gratuitously, and without 
fee nr reward, to every master or commander of any ship clearing out of 
any such port or harbour, and demanding a copy thereof. § 6. 

Also at consul's office. —A copy of the said schedule or table of fees 
to this act annexed, (or which may be established and authorized by any 
auch order or orders in council as aforesaid,) shall be hung up and ex. 


CONSULAR FEES, &c. $05 

hibited in a conspicuous place in the public offices of all consuls general 
or consuls appointed by his Majesty, in the foreign ports or places to 
which they may be so appointed, for the inspection of all persons in¬ 
terested therein; and any consul general or consul omitting or neglect¬ 
ing to exhibit any such copy of the said schedules in such his public 
office, or refusing to permit the same to be inspected by any person or 
persons interested therein, shall for every such offence forfeit and pay a 
sum of British sterling money not exceeding one half the amount of the 
salary of such person for one year, nor less than the twelfth part of such 
annual salary, at the discretion of the court in which such penalty may 
be recovered. § 7. 

Repeal of certain acts .—And whereas it is expedient that the several 
acts of parliament hereinafter mentioned should be repealed ; be it there¬ 
fore enacted, that a certain act of parliament made and passed in the 
8 Geo. I. c. 17. intituled “ An Act for more equal paying and better col¬ 
lecting certain small Sums therein mentioned, for Relief of shipwrecked 
Mariners and distressed Persons (his Majesty’s Subjects) in the King¬ 
dom of Portugal, and for other pious and charitable Purposes usually 
contributed to by the Merchants trading to Portugaland a certain other 
act, made and passed in the 9 Geo. II. c. 25. intituled “ An Act for the 
more equal paying and better collecting certain small Sums for Relief 
of shipwrecked Mariners and distressed Persons (his Majesty’s Subjects) 
in the Port of Cadiz and Port of Saint Mary’s in the Kingdom of Spain, 
and for other Uses usually contributed to by the Merchants trading to 
the said Ports and a certain other act made and passed in the 10 Geo. 
II. c. 14. intituled “An Act for collecting at the port of Leghorn certain 
small Sums of Money to which the Merchants trading there have 
usually contributed for the Belief of shipwrecked Mariners, Captives, 
and other distressed Persons, (his Majesty’s Subjects,) and for other 
charitable and public Usesand a certain other act, made and passed 
in the 54 Geo. III. c. 126. for altering and extending the said recited act 
of 8 Geo. I., shall be and the same are hereby repealed. § 16. 

Consuls to have credit for money disbursed for shipwrecked and dis¬ 
tressed persons .—All consuls general and consuls shall be allowed and 
have credit in any accounts by them rendered, through one of his 
Majesty’s principal secretaries of state, to the lord high treasurer, or the 
commissioners of his Majesty’s treasury of the United Kingdom of Great 
Britain and Ireland, for the time being, for all such sums of money as 
shall by any such consul general or consul be disbursed and expended 
towards the succour and relief of mariners shipwrecked and taken in 
war , or other distressed persons being subjects of his Majesty , and resort¬ 
ing to the port or place at which any such consul general or consul may 
be appointed to reside: Provided always, that such sums of money be 
so disbursed and expended in pursuance of and in conformity to any 
special or general rules and regulations to be for that purpose made 
and prescribed by his Majesty, by any order or orders to be by him for 
that purpose issued, by and with the advice of his privy council, and 
that an account of the particulars of all such expenditure shall by the 
first convenient opportunity be transmitted by such consul general or 
consul for his Majesty’s information, through one of his principal secre¬ 
taries of state. § 18. 

Oaths may be administered by consuls .—From and after the passing 
of this act it shall be lawful for any and every consul general or consul 
appointed by his Majesty at any foreign port or place, whenever he shall 
be thereto required, and whenever he shall see necessary, to administer 


806 


CONSULAR FEES, &c. 

at such foreign port or place any oath, or take any affidavit or affirma¬ 
tion from any person or persons whomsoever, and also to do and per¬ 
form at such foreign port or place all and every notarial acts and act 
which any notary public could or might be required and is by law em¬ 
powered to do within the United Kingdom of Great Britain and Ire¬ 
land ; and every such oath, affidavit, or affirmation, and every such 
notarial act, administered, sworn, affirmed, had, or done by or before 
such consul general or consul, shall be as good, valid, and effectual, 
and shall be of like force and effect, to all intents and purposes, as if 
any such oath, affidavit, or affirmation, or notarial act respectively, had 
been administered,' sworn, affirmed, had, or done, before any justice of 
the peace or notary public in any part of the United Kingdom of Great 
Britain or Ireland, or before any other legal or competent authority of 
the like nature. § 20. 

Recovery of penalties .—All penalties incurred under or imposed by 
this act shall and may be sued for, prosecuted, and recovered by any 
person or persons who may sue for the same, by action of debt, bill, 
plaint, or information in any of his Majesty’s courts of record at West¬ 
minster, in the name of his Majesty’s attorney-general, wherein no 
essoign, protection, privilege, wager of law, or more than one impar¬ 
lance, shall be allowed. § 21. 


TABLES TO WHICH THIS ACT REFERS. 
Table (A.) 


Certificate of due landing of goods, exported from the United Kingdom.... 2 dollars. 

Signature of ship’s manifest. 2 dollars. 

Certificate of origin when required... 2 dollars. 

Bill of health, when required. 2 dollars. 

Signature of muster roll, when required... 2 dollars. 

Attestation of a signature, when required. 1 dollar. 

Administering an oath, when required.^ dollar. 

Seal of office, and signature of any other document not specified herein, 

when required. 1 dohar. 


Table (B.) 


Bottomry or Arbitration bond. 

Noting a protest. 

Order of survey. 

Extending a protest or survey. 

Registrations. 

Visa of passport... 

Valuation of goods. 

Attending sales, £ per cent, where there has been a charge for valuing ; 
otherwise 1 per cent. 

Attendance out of consular office at a shipwreck, 5 dollars per diem for his 
personal expences, over and above his travelling expences. 

-— on opening a will. 

Management of property of British subjects dying intestate. 


2 dollars. 

1 dollar. 

2 dollars. 

1 dollar. 

1 dollar. 

£ dollar. 

1 per cent. 


5 dollars. 

2^ per cent. 


The dollars mentioned in the preceding tables are in all cases to be paid by the 
delivery of dollars, each of which is to be of the value of four shillings and sixpence 
sterling, and no more, according to the rate of exchange prevailing at the place where 
such payment is made. 



















OF FREIGHT, &c. 


807 


PART III. 


CHAPTER I. 

FREIGHT, CHARTER-PARTY, AND DEMURRAGE. 


Definition of Freight. 

Freight is the sum agreed on or payable for the hire of a ship, or 
carriage of goods; but the word freight is sometimes rather impro¬ 
perly used to signify the cargo or loading itself. In its former and 
more correct sense only, it will be used in the course of this treatise. 

Freight in a legal sense is deemed by the 53 Geo. III. c. 159. § 2* 
to be “ the value of the Carriage of any goods, wares, or merchandise, 
belonging to the owner of any ship or vessel, and also the hire due oi 
to grow due under or by virtue of any contract made by or on behalf of 
any persons whatever, for the purposes of that act.” 

The taking of a ship to freight is the hiring her from her master or 
owners, either in part or in the whole, by the month, for an entire 
voyage, or by the ton. The contract, when reduced into writing, is 
called a charter-party; but it is said it may be done by a verbal agree¬ 
ment only. In point of practice, however, it is universally reduced to 
writing, but it is immaterial whether in form of a regular deed, or only 
a writing under hand. It is not unusual to draw these agreements in 
the nature of memoranda or heads , for more formal agreements to be 
thereafter made from them. 

JVhat a charter-party is .—A charter-party is the same in the civil 
law as an indenture at common law. It settles the terms upon which 
the cargo is to be carried, as the bills of lading determine the contents 
of the cargo; the master or owners usually binding themselves, the 
ship, tackle, and furniture, that they shall be delivered, (dangers of 
the seas excepted,) well-conditioned, at the place of discharge agreed 


* See Owners, Chap. I. page 4 






808 


OF FREIGHT, &c. 

upon. They likewise generally covenant to provide a sufficiency of 
tackle and mariners, and to fit the ship in every respect for perform¬ 
ing the voyage. The merchant or freighter, on his part, stipulates 
to comply with the payment promised for freight on delivery of 
his goods; and both parties oblige themselves in penalties for non¬ 
performance. 

Who may make a charter-party. —A charter-party may be made by 
the master, for himself and oivners; in which case the master may 
release the freighter without advising with the owners. But if the 
owners let out to freight the ship, whereof J. J. is master , then, 
though the master covenant in the same charter-party, and subscribe 
it, his release will not bind the owners; but the owners’ release will 
include the master. 

So likewise may a factor enter into a charter-party, as already 
shown in a former chapter. If the ship be only freighted outwards, 
and loaded by the factor, the goods shipped are alone liable for the 
freight; and no demand can be made on the freighters by virtue of 
the charter-party: but the consignee of the goods is to pay the freight 
according to the bills of lading. 

How a verbal agreement will operate. —It is said, if there be a verbal 
agreement only, and earnest given, and the same be broken off by the 
merchant, according to the Rhodian law he loses earnest; if the 
master or owners repent, they forfeit double. But by the common 
law of England, either of the parties damnified may bring his action 
upon the case, and recover all the damages of the agreement. 

Freight , where no agreement. —Freight will, however, arise, not only 
by the terms of a charter-party, or other agreement, but by common 
usage; for when goods are sent on board generally, such freight be¬ 
comes payable, as is customary for the like goods in similar voyages. 
By 59 Geo. III. c. 25. all freight to be paid for the conveyance of 
gold, silver, or other valuable articles, on board his Majesty's ships or 
vessels , shall be as directed by royal proclamation. 

Cargo answerable for the freight. —The lading of the ship is tacitly 
bound for the freight, which, in point of payment, is preferred before 
all other debts to which the goods so laden are liable, although such 
debts, as to the time, were precedent to the freight; for the goods re¬ 
main as it were bailed to the master for the freight, nor can they be 
attached in his hands. But as the goods are bound to the ship for 
hire, so is the ship to the owner of the goods in case of damage or 
waste through the defect of the vessel or sailors. Where there is no 
express demise of the ship itself by the charter-party, and the captain 
and crew are paid by the owner, the freighter does not become the 
owner for the voyage, but the possession continues in the owner, and 
he has a lien on the cargo for his freight. Saville v. Campion , 

2 Barn. & Aid. 503. And see Faith v. East India Company. 4 Barn. 
& Aid. 630. 

The owner of a ship having a lien on the goods “ until the delivery 
of good and approved bills for freight,” took a bill of exchange in 
payment, and, though he made some objections to it at the time, after¬ 
wards negotiated it. It was holden that such negotiation amounted 
to an approval of the bill by him, and that it was a relinquishment of 
his lien on the goods. Horncastle v. Farren, 3 Barn. & Aid. 497. 

A trading-voyage. —If a ship is freighted from one port to another, 
and thence to a third, fourth, and so home to the port whence she 
first sailed, (commonly called a trading-voyage,) this is all but one 


OF FREIGHT, &c. 809 

voyage, but must be performed conformably with the charter-party or 
agreement. 

Freight by the ton or parcels. —If a ship be freighted by the ton, and 
she is full laden according to the charter-party, the freight is to be paid 
for her whole tonnage; otherwise but for so many tons as the lading 
amounted to. 

It the ship be named to be of a certain burthen, and shall be found 
less, there shall be no more paid than only for the number of tons 
actually laden on board. But see on this subject, case of Hunter v. Fry , 
Part III. Chap. II. Construction of Policies of Assurance. 

If the burthen be expressed to be 200 tons or thereabout, the ad¬ 
dition of thereabout is commonly reduced to be within five tons, more 
or less. 

If a ship, freighted by the ton, or by parcels, be cast away, and part 
thereof is saved from the wreck, it has been doubted whether, pro rata, 
freight should not be paid. 

Freight by the great. —If a ship be freighted by the great, and her 
burthen be not expressed, yet the sum certain is to be paid. 

If a burthen be expressed, and she be found not to amount to that 
burthen, yet the sum certain is to be paid. 

If a ship, freighted by the great, be cast away, the freight is lost. 

Freight by the month. —In freighting a ship by the month, calendar 
months are meant; and thus it is always calculated by the merchants 
of London. Jolly v. Young, Trinity Term, 34 Geo. III. 

In case a ship be freighted at the rate of <£20 for every month that 
she shall be out, to be paid after arrival at the port of London, and the 
ship be cast away coming up from the Downs, but the lading is all 
preserved, freight becomes due ; for the money arises monthly by the 
contract, and the place mentioned is only to show where payment is 
to be made. The freight becomes due on the delivery or bringing up 
of the commodities, and not the ship, to the port of London. 

Commencement and completion of right to freight. —As between ship 
owner and freighter, the right to freight does not commence till the 
ship has broken ground in the course of her voyage ; Curling v. Long , 
(2 H. Black. 634.); and where freight is reserved monthly, to be paid 
in proportions, at the expiration of two, six, ten, and fourteen months, 
{ex. gr.) it is earned at the end of each month, and the payment only 
postponed. Havelock v. Geddes, 10 East, 555. 

Freight for the voyage out - -If a ship be freighted out, and the 
master covenants that the ship should sail out of the port to Cadiz 
with the first fair wind and opportunity, and the freighter covenants, 
that, for the freight of all the premises, he would pay unto the master 
£184, if the master do not show that the ship arrived at Cadiz, he 
cannot recover the freight. The reason of this seems to be, that, by 
the special terms of the contract, the master was in the nature of an 
insurer for the amount of the freight agreed on. 

A contract is made between a merchant and a master of a ship, that, 
if he carries the merchant’s goods to such a port, he will then pay him 
so much money for freight. Tn making the voyage the ship is robbed 
by pirates, and part of her loading lost, and afterwards the remainder is 
brought to the port of discharge. Here the sum agreed on for freight 
is not due, the agreement not being performed on the part of the 
master; and this is a conditional contract. But it is otherwise by the 
civil law: for thereby the same is a danger of the seas, which, it not 
expressed in naval agreements, is naturally implied ; and there was no 


810 OF FREIGHT, &c. 

default in the master or his mariners; and, had these goods, which 
the pirates carried away, been thrown overboard, it would not have 
worked a disability in the master to receive the sum agreed on; be¬ 
cause, noth by the common law and law of marine, the act of God, or 
that of an enemy, shall not have an effect to work wrong in actions 
private; and a pirate is esteemed an enemy in our law. 

Freight out and home. —When a ship is freighted out and in, (or out 
and home,) there is no freight due till the whole voyage be performed; 
so that, if she be cast away coming home, the freight outwards as well 
as inwards becomes lost. 

Freight for passengers. —Money due for passage is of the same 
nature as freight. If passage be taken in the ordinary way from 
one port to another, to be paid for on arrival, or so understood to be, 
from there being no special agreement to take it out of the ordinary 
course, such passage-money will be regulated by the same rules as 
freight, and will not be recoverable, unless the whole voyage be per¬ 
formed. But when a passage was taken from London to A., the 
money to be paid in London previous to the voyage, and the ship was 
lost in going round to Portsmouth, at which place the passenger was 
by agreement to join it and to embark; on action brought against 
the owners to recover the passage-money, it was said by the Court, 
that, had the money been payable at the end of the voyage, the owners 
would have had no claim to it; because the voyage was not per¬ 
formed ; but as the agreement in this case was, that the money should 
at all events be paid before the voyage commenced, the passenger was 
a fellow-sharer with the captain in the perils of the sea, and must 
abide by his loss. Gillan v. ^imlcin, 4 Campb. 241. 

By charter-party, the freighter covenanted to pay to the owner 
freight at and after the rate of so much per ton per month, for the 
term of six months at the least, and so on in proportion for less than 
a month, or for such further time than six months, as the ship might 
be detained in the service of the freighter until her first discharge, or 
until the day of her being lost, captured, or last seen, or heard of; 
such freight to be paid to the commander of the ship in manner fol¬ 
lowing : viz. so much as might be earned at the time of the arrival of 
the ship at her first destined port abroad, to be paid within ten days 
after her arrival there, and the remainder of the freight at specific 
periods. It was holden, that this constituted one entire covenant, and 
that the arrival of the ship at her first destined port, was a condition 
precedent to the owner’s right to recover any freight, and that the 
ship having been lost on her voyage out, the owner was not entitled 
to recover freight at so much per calendar month to the day of the loss. 
Gibbon v. Mendez, 2 Barn. & Aid. 17. 

If freight be contracted for the transporting of women, and they 
happen in the voyage to be delivered of children, no freight becomes 
due for the infants. 

A master of a ship is not bound to answer freight to the owners for 
passengers, where it appears that they are not able to pay. 

Freight for cattle. —If freight be agreed on for a lading of certain 
cattle, or the like, from Dublin to West Chester, and some of them 
happen to die before the ship’s arrival, the whole freight is become 
due, as well for the dead as the living. But, if the contract be to 
transport them at so much per head, freight will become due only for 
such as are living at the ship’s port of discharge. 

When cattle are sent on board, without any previous agreement 


811 


OF FREIGHT, &c. 

about transporting them, but generally, their freight is payable for the 
dead, as well as the living. 

Freight for wine when it has leaked. —If freight be taken for 100 
tons of wine, and 20 of them leak out, so that there is not above 
eight inches from the bulge upwards, yet the freight becomes due; 
but, if they be under eight inches, some conceive it then to be in the 
election of the freighters to fling them up to the master for freight. 
Rut most think otherwise; for, if all had leaked out, if there was no 
fault found in the stowage, by a survey from the Trinity House, 
there is no reason the ship should lose her freight; for the freight 
arises from the tonnage taken, and, if the leakage was occasioned 
through storm, the same, perhaps, may come into an average. Masters 
should take care to make their regular protests of a storm, as they 
may suffer severely by omitting it. The general rules now are, that 
if goods (of any sort) be damaged by the perils of the sea, and the 
merchant receive them, he must pay the freight, and cannot recover 
for damage; but if by default of the master or mariners, the merchant 
is entitled to a satisfaction; but, if he receive them he must pay the 
full freight, and cannot select part and reject part. If the damage 
arise from natural decay, as in fruit or corn, the loss is the merchant’s, 
and he must pay freight, and bear the damage. In the case of leakage 
of liquors, the merchant may abandon for freight, if he please. The 
owner of a ship has a lien for freight, but in a total loss no freight is 
due. In case of a total loss with salvage, the merchant may either 
take the part saved, or abandon. Park, chap. ii. p. 70. 

Of the performance of the charter-party by the freighter. —If, by 
the time appointed in the charter-party, the freighter is not ready to 
load, the parties are at liberty; and the suffering one hath his remedy 
by action for the same. 

Tf part of the loading be on board, and some intervening misfor¬ 
tune prevent the merchant from shipping the whole in time, the mas¬ 
ter is at liberty to contract with another, and shall have freight, by 
way of damage, for the time that those goods were on board after 
the time limited ; for a failure as to a complete loading will end the 
contract, unless afterwards affirmed by consent. And, though it be not 
prudent for a merchant and master to depart from the contract on 
every non-compliance with its terms, yet it is the highest justice that 
ships and masters should, in such cases, remain free : for, otherwise, 
by the bare lading of a cask or bale, they might be defeated of the 
opportunity of passage or the season of the year. If a merchant 
covenant to furnish a complete loading, or a specific number of casks 
or bales of goods, and fail so to do, he must of course make good the 
loss which the owners have sustained by his failure, to be settled, in 
case of disagreement, by a jury, who are to make due allowance to the 
merchant, by considering the profit the master has made in bringing 
the goods of other persons , in case any such have been brought. 
(U East. 232.) See case of Hunter v. Fry , Part III. Chap. II. Con - 
struction of Policies. 

If goods be fully laden on board, and the ship hath broken ground , 
and the merchant determine again to unload them, and not to prosecute 
the adventure, by the marine law the freight is due. 

Where no freight was to be paid for the cargo outwards, but freight 
for the cargo homewards, and the freighter’s factor abroad had no 
goods to load on board of her, payment of the freight was decreed. 

' If a ship be freighted out and home, and deliver her cargo at the 


812 


OF FREIGHT, &c. 

place agreed on, or if a ship be freighted to go to any place to load, 
and arrive there, and the freighter’s factor cannot, or will not, put any 
thing on board, the master must stay the days of demurrage agreed 
on by the charter-party, and make a regular protest for his freighter’s 
non-compliance, who will, in this case, be obliged to pay him, empty, 
or full: though, should the master not wait the time stipulated, or 
omit to make his protest, he will lose his freight. In case the master, 
on his finding no goods provided, should load some on his own ac¬ 
count, as salt or the like, this will not prevent his recovering the 
freight; but, if the master takes in such salt, on his own account, be¬ 
fore the days of demurrage are expired , and that, by some condition 
with the freighter, he may still claim freight, then the freighter is to 
have the benefit of the salt, in deduction of the said freight. 

If a freighter, by loading prohibited or unlawful goods, occasion the 
ship’s detention, or otherwise impede the voyage, he will have to pay 
the freight agreed for. 

In a charter-party on the St. Patrick , for a voyage from G. to 
bring home a cargo to Europe, it was stipulated that in the event 
of the non-arrival at the same port of another ship called the Grant , 
(which had been chartered by the same parties, and was then at sea,) 
then the charter on the Grant should be void to all intents and pur¬ 
poses whatsoever; it was held that the word non-arrival could not be 
construed so as to defeat the purposes of the voyage for which the 
Grant had been chartered, and her non-arrival for those purposes not 
being attributable to the fault of the charterers, the charter on the 
St. Patrick became void, and the charterers were not bound to provide 
her with a cargo. Soames v. Lonergan , 4 Dowling & Ryland, 74. 

Of performance of the charter-party by the master or owners. — If, 
by the time appointed in the charter-party, the ship be not ready to 
take in, the parties are at liberty; and the suffering one hath his 
remedy against the other, by action, to recompense the damages. 

If part of the goods be on board, and some intervening misfortune 
prevent the master from taking in the remainder, the merchant may 
ship them on board another, discharge the first, and recover damages 
against the master and owners for the rest. 

If the ship in her voyage become unable, without the master’s fault, 
or that the master or ship be arrested by any foreign prince or state in 
her voyage, the master may either mend his ship , or freight another ; 
but if the merchant will not consent thereto, then the freight becomes 
due for so much as the ship hath earned; otherwise the master is liable 
for all damages that shall happen ; and therefore, if that ship, to which 
the goods were translated, perish, the master shall answer; but, if both 
ships perish, then he is discharged. But, in case of extreme necessity, 
as that the ship would be in a sinking condition, and an empty ship is 
passing by or at hand, he may translate the goods; and if that ship 
sink or perish, he is there excused; but then it must be apparent that 
the ship seemed probable and sufficient. 

If a master shall weigh anchor and sail after the time covenanted 
or agreed for his departure and any damage happens at sea after that 
time, he shall refund and make good all such misfortune. Yet, if a 
charter-party be made, that the plaintiff shall sail from London to 
Lisbon with the first fair wind and opportunity, &c., in consideration 
of which the merchant did covenant to pay so much for freight, and 
the ship departs, not with the first fair wind and opportunity, yet 
afterwards breaks ground and arrives at her port, the freight in this 


813 


OF FREIGHT, &c. 

case is become due; and there is nothing can debar the ship of her 
freight but non-departure ; for only that in law is material to avoid 
payment of the freight; but to say the ship did not depart with the 
next wind, is but a circumstance, which, in strictness of law, is not 
necessary to be denied. 

If it be agreed, that the master shall sail from London to Leghorn 
in two months, and freight accordingly is agreed on, and he begin the 
voyage within two months, though he do not arrive at Leghorn within 
the time, yet the freight is become due. 

The East India Company might, by charter-party, keep a ship they 
had freighted a long time in India, and did so keep her until she was 
unfit for service, and could not come home; they were obliged in 
chancery to pay the damage, though, by the charter-party, it was 
payable at the return of the ship. 

If a master let out his ship, and afterwards secretly take in other 
goods unknown to the first freighter, by law marine he loses his 
freight; and, if it should so fall out that any of the freighter’s goods 
should, for safety of the ship, be thrown overboard, the rest shall not 
become subject to average, but the master shall make the damage 
good; though, if the goods should be brought into the ship secretly 
and unknown to him, it is otherwise; and goods so brought in may 
be subject to what freight the master thinks fit. 

When a ship puts into any other port than that she was bound to 
by agreement, the master shall answer all damages that shall accrue 
thereby ; but, if she was forced in by storm, enemies, or pirates, he 
must afterwards proceed to that he was obliged to by contract. 

If a ship in her voyage happen to be taken by an enemy, and 
afterwards be retaken by another ship, in amity, and restitution be 
made, and she proceed on her voyage, the contract is not deter¬ 
mined, though the taking by the enemy divested the property out of 
the owners ; yet by the law of war, that possession was defeasible; 
and, being recovered in battle afterwards, the owners became rein¬ 
vested : so the contract, by fiction of law, became as if she never had 
been taken, and the entire freight becomes due. 

It was covenanted, by a charter-party, that a ship should return by 
a certain time within the river Thames, (the danger of the sea excepted,) 
and afterwards in the voyage, and within the time of the return, the 
ship was taken upon the sea by enemies unknown to the covenanter; 
and, being detained by them, could not return within the river Thames 
within the time mentioned by the covenant:— Resolved , This impedi¬ 
ment was within the exception ; for, these words intend as well any 
danger upon the sea by pirates or men of war, as dangers of the sea 
by shipwreck, tempest, or the like. 

How an embargo will end a charter-party. —If, before the departure 
l f the ship, there should happen an embargo, occasioned by war, re¬ 
prisals, or otherwise, with the country to which the ship is bound, so 
that she cannot proceed on her voyage, the charter-party shall be 
dissolved without damages or charges to either party, and the merchant 
thall pay the charges of unlading his goods ; but, if the restraint arises 
from a difference between the parties themselves, the charter-party 
•hall still remain valid in all points. 

If the ports be only shut, and the vessels stopped for a time, the 
harter-party shall still be valid, and the master and merchant shall be 
Reciprocally obliged to wait the opening of the ports, and the liberty 

the ships, without any pretensions for damages on either side. 


814 


OF FREIGHT, &c. 

However, the merchant, at his own charges, may unlade his goods 
during shutting up of the port, upon condition either to relade them, 
or indemnify the master. See Chap. II. Part III. of Marine Assur¬ 
ances. 

Form of a Charter-party of Affreightment. 

THIS charter-party, indented, made, &c., between A. B., &c. mariner, master and 
owner, of the good ship or vessel, called, &c. now riding at anchor at, &c. of the 
burthen of 200 tons, or thereabouts, of the one part, and C. D. of, &c., merchant, of 
the other part, witnesseth, that the said A. B., for the consideration hereinafter men¬ 
tioned, hath granted, and to freight letten, and by these presents doth grant, and to 
freight let, unto the said C. D., his executors, administrators, and assigns, the whole 
tonnage of the hold, stern-sheets, and half-deck, of the said ship or vessel, called, &c. 
from The port of London, to &c., in a voyage to be made by the said A. B. with the 
said ship, in manner hereinafter mentioned, (that is to say,) to sail with the first fair 
wind and weather that shall happen after, &c. next, from the port of London, with the 
goods and merchandise of the said C. D., his factors or assigns, on board, to, &c. afore¬ 
said, (the danger of the sea excepted,) and there unlade and make discharge of the said 
goods and merchandises: and also shall there take into and on board the said ship 
again, the goods and merchandises of the said C. D., his factors or assigns, and shall 
then return to the port of London, with the said goods, in the space of, &c. limited 
for the end of the said voyage. In consideration whereof, the said C. D. for himself, 
his executors, and administrators, doth covenant, promise, and grant, to and with the 
said A. B., his executors, administrators, or assigns, by these presents, that the said 
C. D., his executors, administrators, factors, or assigns, shall and will well and 
truly pay, or cause to be paid, unto the said A. B., his executors, administrators, or 
assigns, for the freight of the said ship and goods, the sum of, &c. (or so much per 
ton,) within twenty-one days after the said ship arrived, and goods returned, and dis¬ 
charged at the port of London aforesaid, for the end of the said voyage; and also 
shall and will pay for demurrage, (if any shall be by default of him, the said C. D., 
his factors or assigns,) the sum of, &c. per day, daily, and every day, as the same shall 
grow due. And the said A. B., for himself, his executors, and administrators, doth 
covenant, promise, and grant, to and with the said C. D., his executors, adminis¬ 
trators, and assigns, by these presents, that the said ship or vessel shall be ready at 
the port of London to take in goods by the said C. D., on or before, &c. next 
coming. And the said C. D., for himself, his, &c. doth covenant and promise, within 
ten days after the said ship or vessel shall be thus ready, to have his goods on board 
the said ship, to proceed on in the said voyage ; and also, on arrival of the said ship 
at, &c., within, &c. days to have his goods ready to put on board the said ship, to 
return on the said voyage. And the said A. B., for himself, his executors, and ad¬ 
ministrators, doth further covenant and grant, to and with the said C. D., his executors, 
administrators, and assigns, that the said ship or vessel now is, and at all times during 
the voyage shall be, to the best endeavours of him, the said A. B., his executors, and 
administrators, and at his and their own proper costs and charges, in all things made 
and kept stiff, staunch, strong, well-apparelled, furnished, and provided, as well with 
men and mariners sufficient and able to sail, guide, and govern the said ship, as with 
all manner of rigging, boats, tackle, and apparel, furniture, provision, and appurte¬ 
nances, fitting and necessary for the said men and mariners, and for the said ship 
during the voyage aforesaid. In witness, &c. 

The following is the Form of a Charter-party , whereby the Owners of one Moiety of 
a Ship let to freight their Share to the Owners of the other Moiety. 

THIS charter-party, indented, made, &c., between A. B. and C. D., of London 
merchants, owners of one moiety or half part, of the good ship or vessel called the 
Neptune, of the burthen of 200 tons, with the like moiety of all the sails, masts, tackle, 
apparel, furniture, ordnance, and appurtenances thereto belonging, riding at anchor 
m the river Thames, within the port of London, of which the said C. D. is master 
of the one part, E. F. and G. H., of London, merchants, owners of the other moiety* 
and residue of the said ship, with the masts, sails, tackle, ordinance, furniture, and 
apparel thereunto belonging, on the other part, witnesseth, that the said A. B.’ and 
C. D. have granted and letten to freight, and by these presents do grant and let to 
freight, all their said part and moiety of the said ship and premises, unto the 
said E. F. and G. H., for a voyage with her (by God’s grace) to be made in the 
manner and form following : 

That is to say, that the said A. B. and C. D., for them, their executors, adminis- 


815 


OF FREIGHT, &c. 

rators, and assigns, do hereby covenant and grant, to and with the said E. F. and 
G. H., for them, their, and either of their executors and administrators, by these 
presents, that the said ship (being already laden) shall, with the first good wind and 
weather after the date hereof, (God permitting,) sail directly from the said river 
Thames to the port of Leghorn, in Italy, (the perils and dangers of the seas excepted,) 
and there discharge such goods and merchandises, as shall be directed and appointed 
by the said E. F. and G. H., or one of them, their or one of their factors and 
assigns ; and thence shall sail, and take their direct course, as wind and weather 
shall serve, with as much speed as may be, (the perils and dangers of the seas excepted,) 
to Venice, and there shall stay and abide the space of forty working days next after 
her first arrival there, to unlade all such goods and merchandises as shall remain on 
board for account of E. F. and G. H., after her delivery at Leghorn as aforesaid: 
and to relade such goods, wares, and merchandises, as the said E. F. and G. H. f 
or either of them, their or either of their factors or assigns, shall think fit to charge, 
and relade on board and into the said ship, that is to say, so much as the said ship 
can conveniently carry, over and above her victuals, tackle, ammunition, apparel, 
and furniture. 

And the said ship with her said loading shall, with the first good wind and weather, 
after the expiration of the said forty days, sail and proceed from the said city of 
Venice to London. And the said E. F. and G. H., for themselves and either of 
them, their and either of their executors and administrators, do covenant, promise, 
and grant, to and with the said A. B, and C. D., and either of them, their and either 
of their executors, administrators, or assigns, by these presents, that they, the said 
E. F. and G. H., or one of them, or their or one of their executors, administrators, 
or assigns, shall and will well and truly pay, or cause to be paid, to the said A. B. 
and C. D., or one of them, their or one of their executors or administrators, within 
the said city of London, for every ton of such wares and merchandises, as shall be 
laden or unladen in the said ship, during the said voyage, the sum of, &c. (counting 
the tonnage according to custom, or if a certain sum is agreed on for the voyage out 
and home, or so much per month,) for the part and interest of the said A. B. and C. D. 
in the said ship, and for and in respect of the freight and hire of their part of her: 
wh : ch said money is to be paid iu manner and form following; that is to say, one 
third part thereof upon the right discharge of the said ship, and another third part 
thereof within the space of six weeks then next following, and the remaining third 
part thereof within the space of two months next ensuing after the end aud determina¬ 
tion of the said six weeks. 

And the said A. B. and C. D., for them and either of them, their and either of 
their executors and administrators, do covenant and grant to and with the said E. F. 
and G. H., their executors and administrators, by these presents, that the said ship, 
for their part, shall be strong and staunch, and well and sufficiently tackled and 
apparelled with sails, sail-yards, anchors, cables, ropes, gun-shot, artillery, gun¬ 
powder, and all other instruments, tackle, and apparel, needful and necessary for 
such a ship, and for such a voyage, together with an able master and sufficient 
number of mariners. 

And, in the performance of all and every the covenants, grants, articles, and agree¬ 
ments, on the parts and behalf of every of the said parties, truly to be holden, performed, 
and kept, in all things as is aforesaid, the parties to these presents do bind themselves 
to one another ; that is to say, the said A. B. and C. D. do, by these presents, bind 
themselves, and either of them, and their executors aud administrators, goods, and 
their part and interests in the said ship, with the furniture thereof, to the said E. F. 
and G. H., and to their executors and administrators ; and the said E. F. and G. H. 
do, in like manner, bind themselves, and either of them, their and either of their exe¬ 
cutors, administrators, and assigns, and all their goods and interest in the said ship, 
to the said A. B. and C. D., their executors and administrators, in the sum or penalty 
of £1000 of lawful money of Great Britain, by the party or parties infringing the said 
covenants, or any of them, to the other party or parties truly observing, to be paid by 
virtue of these presents. 

The great variety of circumstances occasioned by different voyages 
naturally produce a correspondent diversity in charter-parties, all the 
different forms of which it would be impracticable and unnecessary to 
introduce, as the preceding may be varied to suit any purpose. 


816 


OF FREIGHT, &c. 


4 Charter-party between the Owners of a hired Freight Ship and the Transport- 
Board, providing especially for Demurrage . 

Transport-Office, the 

IT is this day mutually agreed between the commissioners for conducting his 
Majesty’s transport service, (for and on behalf of his Majesty,) of the one part, 
and on behalf of the owner of the ship undermentioned, of the 

other part, for carrying on the terms and conditions 

following, viz. 


Ship’s Name. 

Register Tons. 

Master’s Name. 





The said agree that the aforesaid ship shall be tight, strong, 

and substantial, both above water and beneath, and provided with a sufficient number 
of men to navigate and with masts, yards, sails, anchors, cables, 

boats, and every thing else necessary and proper for the voyage as above mentioned ; 
and that the master shall obey all orders that may receive from 

the said commissioners, their agents, or the officers in chief under whose command 
may be. 

Twenty working days are to be allowed to the said commissioners for putting the 
lading on board the ship in from the day reported by the officers 

of the said commissioners to be in readiness to receive it: and twenty working days 
to be allowed for unloading the ship at the place or places of delivery ; but if detained 
by the officers of government, in loading and unloading, longer than the aforesaid 
forty working days altogether, demurrage is then to be allowed to the owners at the 
rate of shillings per ton, registered tonnage, per calendar 

month, to be paid at the conclusion of the service, and upon the usual accounts being 
passed ; but no claim for demurrage will be allowed, but what is vouched by a certifi¬ 
cate under the hand of an agent of transports, if there be such an officer at the place 
where the demurrage is incurred j but should there not be such an officer, in that case 
only, a certificate from the commanding officer of his Majesty’s ship or ships, or from 
the commissary-general, together with the ship’s journal or log-book, will be admitted ; 
but, on no account whatever, will an affidavit be deemed a sufficient document to 
establish a claim under the head of demurrage. 

When the lading, ordered on board by the said commissioners, or their agents, is 
received, and the master’s signed receipts for the same, the ship to 

proceed to Portsmouth for convoy, and from thence w’ith such convoy as the admiralty 
may appoint for protection, without any delay, to the place or places to 

which the lading consigned, where the master to deliver the 

cargo agreeable to the bills of lading. 

Demurrage is to be allowed to the owners, provided the ship be detained, by orders 
from government, at Portsmouth, or any other port in Great Britain or Ireland, so 
that be thereby prevented from sailing with the first convoy for 

, from the time of the sailing of such convoy, until the sailing of the 
next, at the rate before mentioned ; but it is to be understood that no demurrage is 
to be allowed for any time the ship may be detained by the not sailing with convoy 
at the expected time, in consequence of foul winds, bad weather, or the orders of 
government. 

In consideration of which agreements, to be done and performed by the said 
on behalf of the owners, the said commissioners agree to pay for the freight 
of the aforesaid ship at the rate of per ton, for the quantity actually delivered 

at the place or places aforesaid, the tonnage so delivered being certified by the office 
to which the lading belongs, by transport bills, in the customary manner, together 
with demurrage, should any occur, which is to be vouched by documents from the 
proper officers ; and farther, the usual certificates that the master 
accounted for all government stores put on board, in failure of which, the value of 
the deficiency is to be made good according to the valuation which may be set upen 






OF FREIGHT, &c. 817 

them by the department to which they belong, or else they are to be abated from the 
freight. 

It is also agreed between the said parties, that, upon loss of time, breach of orders, 
or neglect of duty by the said master, being made appear, the said commissioners 
shall have free liberty and be permitted to mulct, or make such abatement out of the 
freight and pay of the said ship, as shall be by them adjudged fit and reasonable. 

To the true performance and keeping of all and singular the said agreements on the 
part of the said (on behalf of the owners,) the said 

hereby bind and oblige executors, administrators, and assigns, and 

the said ship, apparel, and furniture, unto the said commissioners for conducting his 
Majesty’s transport service, (for and on behalf of his Majesty,) in the penalty of 
£5U0 of lawful money of Great Britain , by these presents, to be paid and 

recovered. 

In witness whereof, the said (on behalf of the owners,) 

set hand and seal to one part hereof, and to the other part hereof the said 

commissioners (on behalf of his Majesty) have signed their names, and caused the 
seal of the transport-office to be affixed, the day and year above written. 

Signed, sealed, and delivered, (being first duly stamped) in the presence of 


Court of Common Pleas. 

Trinity Term , 1832. 

Madeiros v. Hill.- —This was an action on a charter party for not 
proceeding to Terceira with a cargo # of Salt, and not shipping at that 
island a cargo of Fruit; which the defendant resisted, on the ground that 
he was not bound to violate the blockade of Terceira. 

The jury found a verdict for the plaintiff. 

The court, in delivering judgment on the question, which was, 
that there was nothing illegal in a contract for landing a cargo in a 
blockaded port; said that where the effect of the blockade was equally 
within the knowledge of the contracting parties at the time of the con¬ 
tract, neither had a right to turn round afterwards and allege that fact 
as an excuse for not fulfilling his contract. 

Demurrage 

A given number of days is always allowed for the landing of goods, 
and if any “ Demurrer” or stop be put by the proprietor or consignee, 
so that the goods cannot be discharged from the vessel within the 
time limited, she is said to be on demurrage, and the owner receives an 
allowance for such extra time as she is detained. 

Where a vessel is chartered to the government it is very essential 
that the master pays particular attention , in case of demurrage, to 
procure the proper certificates, signed by the agents for transports, or 
commanders of his Majesty's ships, or commissary general, as mentioned 
particularly in the charter party. 

When a vessel hired on freight has to deliver a given quantity of 
stores at a foreign port, the master on arrival immediately reports 
himself to the public officer, or his own consignee; and if the period 
called working days be permitted to elapse, (unless it arise from the 
fault of the master of the hired ship,) the charge for demurrage is 
calculated for every day exceeding it. A minute certificate of the facts 
should be procured from the agent of government, and transmitted 
immediately by the master to his owners, that the latter may apply for 
his freight-money. 

In the case of Evans v. Foster and another, it was questioned whether 
he master of a vessel could maintain an action for demurrage. On the 

3 G 



81S OF FREIGHT, &c. 

trial Lord Tenterden was of opinion, on the authority of a case in 
4th Taunton, that he could not, and therefore directed a nonsuit, 
which decision was afterwards acquiesced in by the whole court. Sit¬ 
tings at Westminster, T. T. 1830. 


59 Geo. III. c 25. 

An Act to enable his Majesty to fix the Rate and direct the Disposal of 
Freight Money, for the conveyance of Specie and Jewels on board his 
Majesty’s Ships and Vessels. 

That all freight money to be paid for the conveyance in any of the 
ships and vessels of his Majesty, &c., of gold, silver, and jewels, or of 
any other article which may be by special order received on board the 
said ships, and for which freight shall be payable, shall be paid at such 
rate, and distributed and applied to such purposes, and divided to and 
amongst such persons in such proportions, and after such manner as 
his Majesty, &c., shall think fit to order and direct, by any proclamation 
to be issued for that purpose; and that no freight money or reward 
shall hereafter be demanded, paid, received, or retained, by, to, or for 
the use, or on account of any person, other than for the purposes, and 
by the persons, in the proportion, at the rates, and in the manner so to 
be paid and allowed by proclamation ,—and that all bargains, contracts, 
covenants, and agreements, made or entered into, for the payment of 
any freight money for or in the name or on the account of freight for t he 
conveyance of gold, silver, or jewels, or other articles as aforesaid, on 
board of any of his Majesty’s ships or vessels, at any other rate, or for 
any other purpose, or by or to any other persons, or in any other manner 
or proportions than as aforesaid, shall be utterly void. 


By the Kino. 

A PROCLAMATION. 

William R. 

Whereas by an act passed in the 59 Geo. III. c. 25., intituled “ An Act to 
enable his Majesty to fix a Rate, and direct the disposal of Freight Money for the Con¬ 
veyance of Specie and Jewels on board his Majesty’s Ships and Vessels,” it is enacted, 
that from and after the 8 April, 1819, all freight money to be paid for the conveyance 
on board any of the ships and vessels of his Majesty, of gold, silver, and jewels, or of 
any other article which may by special order be received on board, and for which freight 
shall be payable, shall be paid at such rate, and be distributed and applied for such 
purposes, and divided to and amongst such persons in such proportions, and after such 
manner as his Majesty, his heirs and successors, should from time to time think fit to 
order and direct by any proclamation or proclamations to be issued for that purpose ; 
in pursuance of which act, a proclamation was, on the 12th of July following, made 
and issued by his Royal Highness, the then Prince Regent, in the name and on the 
behalf of his said Majesty, whereby, amongst other things, a scale of rates at which 
freights should be payable for public and for private treasure respectively, in peace and 
war, and for different voyages was fixed and established : and whereas we have 
thought fit to order that the said rates should be altered, we have, therefore, by and 
with the advice of our privy council, deemed it expedient to issue this our royal pro¬ 
clamation ; and we do hereby ordain, declare, and command, that from and after the 
1st September next, the said scale of rates so fixed shall cease and be no longer in force: 
and we do further declare, that from thenceforth the following rates shall be established 
during peace and war:—■ 



OF FREIGHT, &c. 


819 



[For Crown 

I Treasure. 

i 

For treasure belong¬ 
ing to other parties. 



Peace and War. 



Gold or 
Jewels. 

Silver. 

Between any two ports the navigable distance be-1 
tween which shall not exceed 600 leagues.j 

Per cent. 

1 

Per cent 

a 

4 

Per cent. 

1 

Between any two ports, the navigable distance be-1 
tween which shall exceed 600 leagues, and shall > 
\ be less than 2000 leagues .. J 

1 

u 

H 

| For any distance of 2000 leagues and upwards .... 

1 

1 1 

1 

H 

1 2 


And it is further established and declared, that such freight shall he payable, clear 
of all deduction whatsoever; and that it shall be stipulated in the bill of lading, that 
the captains and commanding officers of our ships and vessels shall not be liable to any 
expences attending the shipment of such treasure or other articles, until the same shall 
be safe alongside their respective ships or vessels ; and that their liability shall cease 
from the moment they shall have landed the treasure at the port to which the ship 
carrying the treasure shall be destined. 

And it is further declared, that in all other respects, save what is hereby altered, the 
said proclamation of the 12th July, 1819, and the rates and regulations thereby esta¬ 
blished shall continue in full force.* 

Given at our court of St. James’s, the 23d day of April, 1831, and in the first 
year of our reign. 


William R. 

Whereas we did, by proclamation of the 23d day of April last, establish and de¬ 
clare a scale of rates at which freights should be payable for public and private treasure 
conveyed on board any of our ships and vessels, we have, by and with the advice of 
our privy council, thought fit further to ordain, declare, and command, that from and 
after the 1st day of September next, the freight for conveying gold and silver in any 
of our packets between any two ports, the navigable distance between which shall ex¬ 
ceed 600 leagues, shall be fixed at the rate of 1 per cent, both for gold and silver ; and 
we do hereby establish and declare, that the responsibility of the officer in charge of 
such treasure shall commence when it shall be safe alongside the said packet, and 
shall cease the moment that it shall be landed at the port of destination. 

And it is further declared, that in all other respects the said proclamation of the 23d 
day of April last, and the rules and regulations thereby established, shall continue in 
full force. 


Given at our court of St. James’s this 8th day of June, 1831, in the first 
year of our reign. 

God save the King. 


* Those regulations chiefly relate to the manner of disposing of the freight. 


8 a 2 






















f 


L .01 

3 .fl 

i .SI 





MARINE ASSURANCES. 


821 


CHAPTER II. 


MARINE ASSURANCES. 

* 

Assurance is a contract by which the assurer undertakes, in considera 
tion of a premium, to indemnify the person assured against certain 
perils and losses, or against some particular event. All assurances, 
whether against fire, or on lives, fall within this general description; 
but the subject meant to be considered here is that of MARINE 
ASSURANCES. From this definition, it appears to be a contract of 
indemnity against those perils of the sea to which ships and goods are 
exposed in the course of their yoyage from one place to another, or for 
a fixed period of time. 

The origin of assurance has occasioned much controversy among the 
writers upon mercantile law. It was introduced into England in the 
thirteenth century; and, about the end of that century, many consi¬ 
derable regulations were made at Barcelona, in Spain, respecting 
marine assurances. In 1523, in the policies of the merchants of Ant¬ 
werp, there was a clause, providing, “ That all things concerning the 
said assurance should be as was accustomed to be done in Lombard- 
street in London.” The progress which this branch of law had made 
in England, previously to the time of Lord Mansfield, was very slow; 
but, during the period that venerable judge presided in the court of 
King’s Bench, its march towards perfection was equally rapid ; and 
with the hope of being useful we shall endeavour in the few following 
pages, to present a general guide to the merchant, owner, freighter, and 
man of business. To effect this, the subject will be divided into the 
following heads : 

1. The Policy. 

2. The Construction of the Policy. 

3. Perils of the Sea. 

4. Capture and Detention of Princes. 

5. Barratry of the Master or Mariners. 

6. Partial Losses and of Adjustments. 

7. General Average. 

8. Salvage. 

9. Abandonment. 

10. Fraud in Policies. 

11. Sea-Worthiness. 

12. Illegal Voyages. 

13. Prohibited Goods. 

14. Wager Policies. 

15. Re Assurance and Double Assurance. 



822 


MARINE ASSURANCES. 


16. Changing; the Ship. 

17. Deviation. 

18. Noncompliance with Warranties. 

19. Return of Premium. 

20. Bottomry and Respondentia. 

21. Forms of Policies on a Ship or Goods, and Form of a Respon¬ 
dentia-Bond. 

1. THE POLICY. 

The policy is a mere contract of indemnity, effected between the 
assurer and assured, (Doug. 470. 786,) and it is signed only by the 
assurer, who is called the underwriter. Of policies there are two kinds, 
valued , and open ; and the only difference between them is, that, in the 
former, goods or property assured are valued at prime cost, at the time 
of effecting the policy; in the latter, the value is not mentioned, but, in 
case of loss, must be proved. 

Policies of assurance, when once they are underwritten, can, gene¬ 
rally speaking, never be altered by any authority whatever, because it 
would be an opening to fraud, and would introduce uncertainty into a 
species of contract, of which certainty and precision are the most essen¬ 
tial requisites. Thus, on “ ship and outfit” could not be altered to 
“ ship and goods,” after ship sailed. (8 East, 373.) It must be ob¬ 
served, however, that cases frequently exist, in which a policy, upon 
proper evidence , may be altered; and, after signing, policies are 
frequently altered by consent of the parties. 

An instance of the former kind of the alteration of the policy occurred 
before Lord Hardwicke. The assurance was, upon the ship, <£500, 
and the policy stated, that the adventure was to commence immediately 
from the departure of the ship from Fort St. George to London. The 
plaintiff suggested that the owner had employed a Mr. H. to assure the 
ship with the defendants, to commence from her arrival at Fort St. 
George ; that a label, agreeably to those instructions, with all the parti¬ 
culars of the agreement, had been entered into a book, and subscribed 
by H. and two of the directors of the company ; that, by a mistake , the 
policy was made out different from the label; that the ship being lost 
in the bay of Bengal, after her arrival at Fort St. George, but before her 
departure for England, the company refuse to pay; the plaintiff, there¬ 
fore, prayed that the mistake might be rectified, and that the company 
might be ordered to pay £500, with interest. His lordship was of 
opinion, that the label was a memorandum of the agreement, in which 
the material parts of the policy were inserted ; that, although the policy 
was ambiguous, the label made it clear; and, as it was only a mistake 
of the clerk , it ought to be rectified according to the label.— Motteux v. 
the Gov. and Co. of the London Assurance, 1 Atk. 545. 

How far the consent of the parties is necessary may be judged of by 
the following case : The assurance was on a ship and cargo from Liver 
pool to Oporto. The ship sailed, but was driven back by contrary 
winds ; and, before she could sail again, an embargo was laid. The 
assured applied to the underwriters for leave to put guns on board, and 
to take out a letter of marque. The underwriters consented to the guns 
for her defence, but refused the letter of marque. Notwithstanding 
which, a general letter of marque was obtained, and put on board. 
The ship sailed, and was taken on her voyage out. The jury thought 
that the letter of marque was intended to be used only in the voyage 


THE POLICY. 


823 


home. The court, however, determined that this vacated the policy.— 
Denison v. Modigliani , 5 Term Rep. 580. 

A policy of assurance is the property of the assured * and, if it he 
wrongfully withheld, either by his broker, or any other person, he may 
recover it by an action of trover .—Harding v. Carter and another. 
Sittings at Guildhall. Easter vacation, 1781. 

Policies of assurance are generally printed, leaving blanks for the 
insertion of names and all other requisites. It is therefore frequently 
necessary to insert written clauses; and these written clauses and 
conditions, thus inserted, are to be considered as part of the real 
contract; the court will look to them to find out the intention of the 
parties, and will consequently suffer such condition to controul the 
printed words. 

We will now proceed to consider. First, what persons may be the 
assurers. Secondly, what things may be assured. Thirdly, what the 
requisites of a policy are. 

What Persons may be assurers .—By the statute of the 6th Geo. I. 
c. 18, the two offices, under the names of the Royal Exchange Assur¬ 
ance Office and the London Assurance Office, were established by 
charter ; and were the only legal corporate offices for maritime assur¬ 
ance, within any of his Majesty’s dominions. But the business of 
assurance was not confined to these two societies ; for, private persons 
might be assurers, provided they did not assure in copartnership. And 
now by the 5th Geo. IV. c. 114, intituled, “An act to repeal so much of 
an act of the sixth year of King George the First, as restrains any other 
corporations than those in the act named, and any societies or partner¬ 
ships, from effecting marine assurances, and lending on bottomry 
after reciting the abovementioned statute of 6 Geo. I. c. 18, and that 
pursuant to the -said act, the Royal Exchange Assurance and the 
London Assurance had been established, and that it was expedient that 
so much of the said act, as restrains corporations or bodies politic, 
societies or partnerships, and persons acting in society or partnership, 
from insuring ships and goods and merchandises at sea, and from 
lending money by way of bottomry, should be repealed : it is enacted, 
that after the passing of this act, so much of the said act as restrains any 
corporation or body politic, society or partnership, or persons acting in 
any society or partnership, from granting, signing, and underwriting 
any policy or policies of assurance, or making any contract for assur¬ 
ance, of or upon any ship or ships, or goods or merchandise, at sea or 
going to sea, or from lending money by way of bottomry, or as makes 
any such contract void, or declares that the same shall be adjudged 
usurious, or as imposes any forfeiture or penalty in respect of any such 
policy of assurance or contract, shall be repealed. § L 

Provided, that nothing in this act contained shall extend to affect 
the rights and privileges of the Royal Exchange Assurance and London 
Assurance, otherwise than by making it lawful for other corporations 
and bodies politic, and persons acting in society or partnership, to grant 
and make such policies of assurance and contracts of bottomry as here¬ 
inbefore mentioned. § 2. 

The merchants, ship owners, and underwriters of London, have been 
for centuries in the habit of meeting at Lloyd’s , for the purpose of 
transacting the business of insurance. The management of the affairs 
at Lloyd’s , is conducted by a committee of nine members, appointed at 
a general meeting of the subscribers. The authority of the committee 


824 MARINE ASSURANCES. 

is invested in them by a deed, executed by the subscribers who vole in 
the election of the committee. In pursuance of this deed, the committee 
nominate agents at nearly all the outports in the United Kingdom, and 
all foreign ports. But in an action against an underwriter, although the 
defendant be a subscriber to Lloyd’s, yet a certificate granted by their 
agent abroad, is not admissible to prove the amount of damages. 
Drake v. Marryatt , 1 Barn. & Cress. 473. 

Next.—What things may be assured. —The most frequent subjects 
of marine assurance are ships, goods, merchandises, and the freight or 
hire of ships. But, although assurances upon such property most 
frequently occur,, yet there are cases which can hardly fall within any 
of those descriptions.—1 Magens, 4. 

The bottomry and respondentia are a particular species of property 
which may be the subject of assurance. But then it must be parti¬ 
cularly expressed in the policy to be respondentia interest; for under 
a general assurance on goods, the party assured cannot recover money 
lent on bottomry. Such has been, and is at this day, the established 
usage of merchants. 

This was decided in an action upon a policy of assurance “ upon 
goods and merchandises, loaden, or to be loaden, &c.” The evidence 
appeared to be, that, before the signing of the policy, the plaintiff had 
lent Capt. T. upon the goods then loaden and to be loaden on board the 
said ship, on account of the said Capt. T., the sum of £76i at respon¬ 
dentia, for which the bond was executed in the usual form : that the 
ship, at the time of the loss, had goods and merchandises on board, the 
property of Capt. T., of greater value than all he had borrowed: that 
the ship was afterwards burnt, and all the goods and merchandises were 
totally consumed and lost. Upon these facts, the question was, whether 
the plaintiff could recover ? This case was twice argued at the bar ; 
the court took time to consider it, and were unanimous in their 
determination. 

Lord Mansfield, in delivering the judgment of the court, observed, 
to this effect: “I am inclined to support this assurance, being con¬ 
vinced that it is fair, and that a doubt has arisen by a slip in omitting 
to specify (as it was intended to have been done) that this was a respon¬ 
dentia interest. The ground of supporting this assurance, if it could 
have been supported, was a clause of the 19 Geo. II. c. 37, s. 5, which, 
as to the purpose of assurance, considers the borrower as having a 
right to assure only for the surplus value, over and above the money he 
has borrowed at respondentia. Yet we are all satisfied that this act of 
parliament never meant, or intended to make, any alteration in the 
manner of assurances ; its views were, to prevent gaming or wagering 
policies, where the insurer had no interest at all; and, if the lender of 
money at respondentia were to be at liberty to assure for more than his 
whole interest, it would be a gaming policy; for, it is obvious that, if 
he could assure all the goods, and assure his respondentia interest 
besides, this would amount to an assurance beyond his whole interest. 

In describing respondentia interest, the act gives the lender alone a 
right to make assurance on the money lent; so that the act left it on 
the practice. I have looked into the practice, and I find that bot¬ 
tomry and respondentia are a particular species of assurance in them¬ 
selves, and have taken a particular denomination ; I cannot find even 
a dictum in any writer, foreign or domestic, that the resjiondentia credi¬ 
tors may assure upon the goods, as goods. I find, too, by talking with * 
intelligent persons, very conversant in the knowledge and practice of 


THE POLICY. 


825 


assurances, that they always do mention respondentia interest, whenever 
they mean to assure it. The ground of our resolution is, “ That it is 
now established as the law and practice of merchants, that respon¬ 
dentia and bottomry must be specified and mentioned in the policy of 
assurance.”— Glover v. Black , 3 Burr. 1394, and 1 Black. R. 405. 

But, it has been ruled, that money expended by the captain for the 
use of the ship, and for which respondentia interest was charged, may 
be recovered under an assurance on goods, specie, and effects , provided 
the usage of the trade , which in matters of assurance is always of great 
weight, sanction it. 

Thus, in an action upon a policy of assurance on goods, specie, and 
effects , of the plaintiff, who was also the captain on board the ship, the 
plaintiff claimed under that assurance, money expended by him in the 
course of the voyage for the use of the ship, and for which he charged 
“ respondentia interest.” Lord Mansfield said, as to whether the words 
“ goods , specie, and effects ,” extended to this interest, I should think 
not, if we were only to consider the words made use of. But here there 
is an express usage , which must govern our decision. A great many 
captains in the East India service swear, that this kind of interest is 
always assured in this way, and here the person assured is the captain. 
Gregory v. Christie, K. B. Trinity Term, 24 Geo. III. 

Captors of ships secured as prize may assure their interest therein 
before condemnation ; nor are they entitled to a return of premium, 
if the capture be ultimately adjudged no prize; and restitution be 
awarded to the owners by the court of Admiralty. 

Assurances upon the wages of seamen are forbidden a regulation 
founded in wisdom and sound policy; (1 Magens, 18, 19.) and, 
indeed, the general policy of the law of this country supports this regu¬ 
lation ; for, by 8 Geo. I. c. 24, § 7, “ no master or owner of any mer¬ 
chant ship shall pay to any seaman, beyond the seas, any money or 
effects, on account of wages, exceeding one moiety of the wages due, 
at the time of such payment, till such ship shall return to Great Britain 
or Ireland.” By this salutary law, the sailors are interested in the 
return of the ship ; and they will, on that account, be prevented from 
deserting it when abroad, from leaving it unmanned, and will be more 
anxious for its preservation. This regulation, however, does not mean 
to prevent mariners from assuring those wages which they are entitled 
to receive abroad, or goods which they have purchased with those wages 
in order to bring them home: but, in such a case, they are to be 
considered in the same light with other men. 

It has, however, been determined, that where the mate of a ship or 
a sailor is to receive something at the end of the voyage, in lieu of 
wages, he cannot assure it, any more than he could assure wages 
payable in money.— Webster v. De Tastet, 7 T. R. 157. 

The profits of a cargo employed to trade on the coast of Africa are 
assurable.— Barclay v. Cousins, T. R. Trinity, 42 Geo. III. 

Goods may be assured, though purchased with the proceeds of a 
former illegal cargo. 

It was long a question, how far assurances upon the ships or goods 
of enemies are poiiUc; but no doubts were entertained concerning the 


* In Scotland, however, such assurances are by no means without example; and 
have never been the subject of litigation Millar’s Law of Assurances. 



MARINE ASSURANCES 


826 

legality of such assurances in Great Britain, although the question long 
remained undecided. 

It should be observed, that, in the year 1748, a bill was introduced 
into parliament to prohibit such assurances during the then existing war 
with France, and passed into a law. The operation of that act was 
Limited to the period of that war. The necessity for passing this act 
seemed to warrant the conclusion, that such assurances would have 
been legal, unless so prohibited : accordingly, too, a similar temporary 
act of parliament (33 Geo. III. c. 27, § 4.) was passed at the com¬ 
mencement of the last war: but the court of king’s bench having 
decided, in two subsequent cases, against the legality of these assur¬ 
ances, independently of the acts of parliament, we must now consider 
these assurances upon the property of an open enemy as absolutely 
void.—6 T. R. 23 and 35. A British subject, however, domiciled in 
a foreign country in amity with this, may lawfully exercise the privi¬ 
leges of the country where he is so domiciled, and may effect an 
assurance on a ship from that country to another at war with this.— 
Bell v. Reid , 1 M. & S. 726. 

Of the Requisites of a Policy 

The essentials in a policy of assurance are, first, the name of the 
person for whom the assurance is made: Secondly, the names of the 
subscribers or underwriters, and the sums assured : Thirdly, the names 
of the ship and master: Fourthly, whether they are ships, goods, or 
merchandises, upon which the assurance is made : Fifthly, the name 
of the place where the goods are laden, and whither they are bound: 
Sixthly, the time when the risk begins, and when it ends: Seventhly, 
all the various perils and risks which the assurer takes upon himself: 
Eighthly, the consideration, or premium, paid for the risk or hazard 
run: Ninthly, the month, day, and year, on which the policy is 
executed: Tenthly, the stamps required by act of parliament.. 

Herein , of the names of the persons assured. —The stat. of 28 
Geo. III. cap. 56, declares, “ That it shall not be lawful, from and 
after the passing of that act, for any person or persons to make or 
effect, or cause to be made or effected, any policy of assurance on any 
ship or vessel, or upon any goods, merchandises, effects, or other pro¬ 
perty whatsoever, without first inserting or causing to be inserted in 
such policy, the name or names, or the usual style and firm of dealing, 
of one or more of the persons interested in such assurance; or, with¬ 
out, instead thereof, first inserting the name or names of the usual style 
and firm of dealing of the consignor or consignors, consignee or 
consignees, of the goods and property so to be assured; or the name 
or names of the usual style and firm of dealing, of the person or per¬ 
sons residing in Great Britain, who shall receive the order for and 
effect such policy, or of the person or persons who shall give the order 
or directions to the agent or agents immediately employed to negotiate 
or effect such policy. The statute farther declares, that every policy 
made or underwritten contrary to the true intent and meaning of this 
act shall be null and void to all intents and purposes.” 

Upon this act it has been decided, that it is not necessary, where 
a policy is effected by an agent, to add the word agent , or any other 
description to his name, in the policy itself; and it has also been 
decided, that a policy effected by a broker, describing himself thereon 
as agent , is a sufficient compliance with the act of parliament. — 


THE POLICY 827 

Devigniez v. Swanson, K. B. Mich. 39 Geo. III.— Bell v. Gilson , 

Bos. and Puller’s Rep. 345. 

A plea of the plaintiff’s being an alien is not valid, unless he be 
proved a native of a foreign country at enmity with this country, and 
that he have arrived here without letters of safe conduct from our king. 
— Casseres v. Bell, 8 T. R. 166. 

If the assured be a liege subject of one country, and a citizen of 
another for the purposes of commerce, the circumstances of being born 
in the former cannot deprive him of the benefit of his naturalization in 
the latter.— Wilson v. Marryatt, 8 Term Rep. 31. 

The names of the subscribers or underwriters , and the sums assured .— 
This indeed was always requisite; as, without it, there would be no 
assurer. The act of 35 Geo. III. c. 63, § 11, declares, that policies 
wanting this are null and void. 

Of the names of the ship and master. —It seems to be necessary, by 
the law and usage of merchants, to insert the names of the ship and 
master, in order to ascertain the bottom upon which the adventure is 
to be made, and the captain by whose direction the ship is to be navi¬ 
gated. Sometimes, however, there are assurances generally, “ upon 
any ship or ships,” expected from a particular place: and although it 
is more accurate to insert the name of the captain, it is not certain that 
the assurance would be void, if a different captain from that mentioned 
in the policy came into the ship; especially as the policy always 
contains the words—“ or whosoever else shall go for master in the 
said ship.” 

With respect to assurances upon any ship or ships , it has been 
determined that they are not only legal and valid, but that the assured 
has a right to cover, by such policy, whatever ship he thought proper 
that fell within the terms of it.— Kewley v. Ryan , 2 H. Black. R. 
343. 

Whether they are ships, goods, or merchandise, upon which the 
assurance is made. —It is absolutely necessary that there should be a 
specification upon which of these the underwriter assures. But, in 
policies upon goods, it is not necessary to declare the particulars. If 
an insurer subscribe a policy “upon any kind of goods and merchan¬ 
dises,” there is no question but that he is bound by it, though no one 
article be specified. When goods are coming from abroad, it is better 
to assure under general expressions, on account of the various casualties 
which may happen to obstruct the purchase of the commodities intended 
to be sent. 

There are certain kinds of merchandise which are of a perishable 
nature, on account of which, there is inserted a memorandum at the 
foot of the policy, by which it is declared, that, in assurances upon corn, 
fish, salt, fruit, flour, and seed, the underwriters will not be answerable 
for any partial loss, but only for general average, unless the ship be 
stranded. That, in assurances on sugar, tobacco, hemp, flax, hides, 
and skins, they consider themselves free from partial losses, not amount¬ 
ing to five per cent.; and that, on all other goods, as well as on the 
ship and freight, if the partial loss be under £3 per cent., unless it arise 
from a general average, or the stranding of the ship, the underwriter 
considers himself discharged. 

This memorandum was universally used till the year 1754, when a 
special jury, agreeable to the direction of Lord Chief Justice Ryder, 
decided that a ship having run aground was a stranded ship within 
the meaning of the memorandum; and that, although she got oil again. 


MARINE ASSURANCES. 


828 

the underwriter was liable to an average or partial loss upon damaged 
corn. In consequence of this decision, the two companies before 
mentioned, altered the memorandum by striking out the words “ or the 
ship be stranded so that now they are liable to no losses which can 
happen to such commodities, except general averages and total losses; 
but the old form is still retained by private assurers. — Cantillon v. Lond. 
Assur. Comp. 3 Burr. 1553. 

There are some kinds of property which do not fall under the 
general denomination of goods in a policy; and for the loss of which 
the underwriters are not answerable, unless they are specifically named; 
such as goods lashed on deck , the captain's clothes , and the ship's provi¬ 
sions. A policy on goods means only such goods as are merchantable, 
and a part of the cargo ; and therefore, when goods like the present 
are meant to be assured, they are always assured by name; and the 
premium is greater.— Ross v. Thwaite , Sitt. after Hilary, 16 Geo. III. 

It is questioned, whether a cargo of dollars or other coin, jewels, &c. 
if lost, be recoverable under a policy upon goods and merchandises 
generally. This point has never been discussed in England; but 
Magens, in the Treatise on Assurances, p. 10, states explicitly that 
gold and silver, coined and uncoined, pearls and other jewels, may be 
assured at London and Hamburgh, and several other places, under the 
general expression of merchandise. Magens is confirmed by other 
writers on the subject, Roccus, Not. 17. 

The name of the pert at which the goods are laden , and to which they 
are bound. —This has been always held to be necessary in policies, 
and must be so, on account of the evident uncertainty which would 
follow from a contrary practice, as the assurer would never know what 
the risk was which he had undertaken to assure; and, therefore, if a 
ship be assured from London to , a blank being 

left by the lader of the goods to prevent a surprise by an enemy, and 
if in her voyage she happen to be cast away, though there be private 
instructions for her port, yet the assured must sit down with his loss, 
by reason of the uncertainty. Molloy, c. ii, c. 7, § 14. But where a 
policy was on a ship for four months at and from a place to any port 
or ports whatsoever ; it was holden, that an opeti roadstead (being the 
usual place of loading and unloading) is a port within the meaning of 
the policy,— Cockey v. Atkinson , 2 Barn. & Aid. 460. It is also 
customary to state in the policy at what port or place the ship may 
touch and stay during the voyage, so that it shall not be considered as 
a deviation to go to any of those pi aces. V 

The time when the risk commences , and when it ends. —The English 
policies expressly declare, that “ the adventure shall begin upon the said 
goods and merchandise, from the loading thereof on board the said ship , 
and so shall continue until the said ship, goods, and merchandises shall 
be arrived at L. ; and upon the said ship till she has moored at anchor 
twenty-four hours in good safety; and upon the goods till the same be 
there safely discharged and landed." From these words, it is obvious, 
that the assurers are not answerable for any accident which may happen 
to the goods in lighters or boats going aboard, previom to the voyage ; 
yet, as the policy says the risk shall continue till the goods are safely 
landed , it seems the assurer continues responsible for the risk to be run 
in carrying the goods in boats to the shore. If there be a loss, however, 
in these cases, the accident must have happened while the goods were 
in the boats or lighters belonging to the ship ; but in a case where the 
owner of the goods brings down his own lighter, receives the goods out 


THE POLICY. 


829 

of the ship, and, before they reach land, an accident happens whereby 
the goods are damaged, the assurer is discharged, although the assur¬ 
ance be upon goods to London, and till the same be safely landed 
there.—Sparrow v. Carruthers , 2 Stra. 1236. 

In the unloading of goods there should be no unreasonable delay, but 
this must always depend upon circumstances. 

The risk on the body of the ship is generally to commence “ from 
her beginning to load at , and so shall continue and endure 

until the said ship shall arrive at , and hath there been 

moored at anchor twenty-four hours in good safety.” This mode of 
stating the commencement of the risk, must commonly be supplied to 
assurances on ships outward bound ; for, when assurance is made on 
the homeward risk, the beginning of the adventure is sometimes stated 
to be “ immediately from and after her arrival at the port abroad 
at other times, “ from the departure and, in short, it is very variable, 
depending upon the inclination of the assurer.—1 Magens, 47. 

Of the various perils and risks against which the underwriter assures. 
—The words now used, expressive of the assurer’s risks are very 
extensive, including “ all perils of the sea, men of war, fire, enemies, 
pirates, rovers, thieves , jettisons, letters of mart, and countermart, 
surprisals, takings at sea, arrests, restraints, and detainments, of all 
kings, princes, and people, of what nation, condition, or quality 
soever; barratry of the master or mariners, and all other perils, 
losses, and misfortunes, that have or shall have come to the hurt, 
detriment, or damage of the said goods and merchandises, and ship, 
or any part thereof.” 

A transport in the service of government was insured for twelve 
months, during which period she was ordered into a dry harbour , the 
bed of which was uneven, and on the tide having left her, she received 
damage by touching the ground, It was holden that this was a loss 
by perils of the sea. Fletcher v. Inglis, 2 Barn. & Aid. 315. And 
see Phillips and another v. Barber, 5 Barn. & Aid. 161. 

The law of England is totally silent as to .the description of thieves 
meant by the policy; whether the assurer undertakes as well against 
thefts committed by the master or mariners, as against thefts com¬ 
mitted from without. That he is liable in the latter case cannot be 
doubted. Harford v. Maynard, Sittings at Guildhall, Hilary vaca¬ 
tion, 1785, and Molloy, B. ii. c. 7, § 5 ; but foreign writers assert that 
he is not liable for the former. Roccus, Not. 42. 

In addition to these, it is frequently the practice to assure her, lost 
or not lost, in which, if the ship should be lost at the time of the assur¬ 
ance, still the underwriter, provided there be no fraud, is liable. It is 
said this practice is not adopted by foreign nations, but it is expressed 
in the French policies. 

The consideration or premium for the risk or hazard run. —This is 
always expressed to have been received at the time of underwriting; 
“ we, the assurers, confessing ourselves paid the consideration due 
unto us for this assurance by the assured.” This being subscribed by 
the underwriter, it is proper to inquire whether, if the premium were 
not actually paid at the time, he could afterwards maintain an action 
for it against the assured, who might then produce his subscription as 
evidence against himself. Questions upon policies of assurance 
stand most broadly upon the usage of the place where the policy is 
effected, and this question would, no doubt, be determined by usage. 
By the custom of London, the underwriter credits the broker, and not 


830 


MARINE ASSURANCES. 


the assured, for the premium ; and therefore the underwriter cannot 
demand it of the assured, but the broker as certainly could.— Airey and 
others , assignees of Milton, v. Bland , Sittings at Guildhall, 14 Geo. III. 

The premium of consideration paid, given, or contracted for, must , 
like the risk, be inserted, by 35 Geo. III. c. 63. § 11. 

The day , month , and year , on which the policy is executed. —This 
insertion seems very necessary, because, by comparing the date of the 
policy with the date of facts which happened afterwards, or are material 
to be proved, it will frequently appear whether there is any reason to 
suspect fraud or improper conduct on the part of the assured. 

But it becomes further necessary, in order to have the benefit of § 8. 
of the 35 Geo. III. c. 63. mentioned under the next head, 

That it be duly stamped. —The act 55 Geo. III. c. 184. enacted, that 
from the 1st September, 1815, the duties thereby imposed on policies 
of assurance, should be payable in lieu of the duties imposed by divers 
anterior statutes, (see post , Stamp Duties, Part IY.) the powers and 
authorities of all which statutes, relating to the imposing, levying, &c 
the same, should be extended to this statute. 

The only additional provisions to those enumerated in the former 
chapter, necessary to be noticed here, as bearing any immediate rela¬ 
tion to the interests of those to whose particular use these pages are 
dedicated, are the following : 

Commissioners of stamps are to provide stamped policies, which may 
be purchased, or persons may have their own vellum, &c., for policies 
stamped at the head office. For policies for ,£5,000, or upwards, the 
commissioners are to charge only the amount of the duty, and nothing 
for the vellum, &c.—35 Geo. III. c. 63. 

Commissioners of stamps are to appoint officers in London for dis¬ 
tributing policies, to any person or persons carrying on the business 
of assurance within the said city, on present payment of the duties, 
subject to the usual allowance of such present payment. But such 
distributors may, with the consent of the commissioners, open an 
account with any person or persons, carrying on the business of 
assurance within the said city, and may supply such persons with 
stamps for policies as the commissioners may direct, &c. And, if any 
such officer shall knowingly make any false entry, to the damage 
of any such persons, he shall pay treble the damages and costs.— 
35 Geo. III. c. 63. 

Policies inadvertently spoiled, or rendered unfit for use, at any 
time within six calendar months in which such policy shall have been 
delivered, may, at the head-office, be cancelled on the terms and regu¬ 
lations hereinafter mentioned; and in case of no sum of money, nor 
the name of any underwriter, shall be subscribed thereon, then, in 
case it shall appear to the satisfaction of the said commissioners, that 
such policy hath not been underwritten or used for any other purpose, 
or in any other manner whatsoever, the said commissioners are to 
cancel the same, and to stamp any quantity of other vellum, &c. fit 
for the like uses, with stamps amounting to the like value, as may be 
required by the owner thereof, without taking any money or other 
consideration whatsoever: or, in case any sums of money, and the 
name of any underwriter, shall have been subscribed or underwritten 
on any such stamped vellum, &c. which shall be so brought to the 
said commissioners to be so cancelled within ten office-days after the 
date of the first of such subscriptions thereon; and in case it shall 
appear to the satisfaction of the said commissioners, that such sums 


THE POLICY. 


83) 


*nd names have been respectively underwritten on stamped vellum, 
&c. of a different denomination or value than is required by this act 
in respect of the sums so subscribed ; and it shall be proved that the 
same was occasioned through inadvertence or mistake, or that the 
subscriptions thereon intended to have been obtained have not, from 
some just cause, been completed : and if, in every such case, the 
party bringing the same shall produce another policy of assurance 
duly stamped, and actually made out for the same interest, risk, or 
adventure, with the policy so brought to be cancelled, then the said 
commissioners shall cancel such policies, and exchange them for 
others of the like value.—35 Geo. III. c. 63, and 39 & 40 Geo. III. 
c. 72, § 9. 

In case any assurance shall have been made on any ship, that is to 
say, on the body, tackle, apparel, ordnance, munition, artillery, boat 
and other furniture thereof; or upon the freight of any ship ; or upon 
any goods, merchandises, or other effects, laden or to be laden on 
board of any ship or ships, (whether such ship or ships shall be specifically 
named in such policy or not,) and if it shall happen that any such 
ship shall not have proceeded upon the voyage assured ; or that any 
goods, merchandises, or other effects, so assured as aforesaid, have 
not been shipped on board any ship or ships, whether specifically 
named in the policy or not; or in case the sum assured shall be found 
*o exceed the interest of the assured on which the risk attached ; and 
in case the separate interest of one person, or the joint interest of two 
or more persons, assured in such policy, shall fall short of the sum 
assured by the sum of ,£1000, or upwards, where the duty payable 
thereon shall be at the rate of Is. 3d. per centum , or of £500, or up¬ 
wards, when the duty payable thereon shall be at 2s. 6d. per centum; 
then, and in every such case, upon due proof to the satisfaction of 
the said commissioners, that any such ship hath not proceeded upon 
the voyage assured, or that any such goods, merchandises, or other 
effects, aforesaid, have not been shipped on board any ship or ships, 
whether specifically named or not, and that no risk hath, in either 
of such cases, attached, or on such due proof as aforesaid of the value 
of the interest, if any, assured in any such ship, freight, goods, mer¬ 
chandises, or other effects, as aforesaid, on which any risk has at¬ 
tached, and on the production of the policy whereby such assurance 
was made, and also on such due proof as aforesaid being made of 
the bond fide return of the premiums by the several underwriters or 
assurers on such policy on account only of such no risk, no interest, 
or short interest, as the case may be, or of the proportion of the 
premium so returned on any such account as aforesaid ; the said com¬ 
missioners are to make an allowance to the assured of the stamps on 
any such policies, in respect of the sums thereby assured, when the 
whole of the premiums shall have been returned on any such account 
as aforesaid, or of such part of the sums thereby assured as shall be 
found to exceed the interest of the assured or assureds in any such 
policy; and the said commissioners are to cancel any such policies, 
and to deliver other stamped papers or parchment of the value of the 
stamps so allowed as aforesaid.—35 Geo. III. c. 63, and 39 & 40 
Geo. III. c. 72, § 11. 

Every contract or agreement which shall be entered into for any 
assurance, in respect whereof any duty is by this act made payable, 
shall be engrossed, printed, oi written, and shall be deemed and 
called A Policy of Assurance; and the premium or consideration, the 


832 MARINE ASSURANCES. 

particular risk or advantage against, together with the names of the 
subscribers or underwriters, and sums assured, shall be respectively 
specified in such policy; and, in default thereof, every such assurance 
shall be null and void to all intents and purposes whatever.—35 Geo. 
III. c. 63, § 11. 

No policy of assurance upon ship, or share therein, shall be made for 
longer than twelve calendar months. —35 Geo. III. c. 63, § 12. 

Such alterations as may lawfully be made in the terms of any policy, 
duly stamped and underwritten, may still be made without requiring 
any additional stamp, so that such alteration be made before notice 
of the determination of the risk originally assured, and the original 
premium or consideration shall exceed the rate of 10s. per centum on 
the sum assured, and so that the thing assured shall remain the pro¬ 
perty of the same person or persons, and so that such alteration shall 
not prolong the term assured beyond the period allowed by this act, 
and so that no additional or further sum shall be assured by reason of 
such alteration.—35 Geo. III. c. 63, § 13. 

No assurance made in Great Britain, in respect whereof any duty is 
payable, shall be available in law or equity, unless properly stamped; 
and it shall not be lawful to stamp any vellum, &c. with any stamp 
by virtue of this act, at any time after any such assurance shall be 
engrossed, printed, or written thereon, under any pretence whatever.— 
35 Geo. III. c. 63* 

Persons making assurances, &c. unless the contract be properly 
stamped; and brokers, &c. acting contrary to this act, to forfeit ,£500. 

Brokerage, &c. is not legally chargeable unless the assurance be 
properly stamped, &c. 

Assurers, unless assurances be properly stamped, &c. to forfeit 
£500. 

One moiety of all penalties sued for in six months to belong to his 
Majesty, and the other moiety to the person who shall sue for the same. 

Penalties not sued for within six months may be recovered by his 
Majesty’s attorney-general or advocate, and be paid to the commis¬ 
sioners of stamps, who may reward the informer. 

Prosecutions for penalties incurred without intention of fraud, may 
be stopped by his Majesty’s attorney-general or advocate. 

2. THE CONSTRUCTION OF THE POLICY 

In the construction of policies, two rules chiefly prevail, namely, 
to give effect to the intentions of the parties, and to the usage of trade , 
with respect to the particular voyages or risks to which the policy 
relates. Thus, with respect to intention collected from the covenant 
of the parties. By a charter-party, a ship was described to be of the 
burthen of 261 tons. The freighter covenanted to load a full and 
complete cargo. It was holden that the mere loading of goods equal 
in number of tons to the tonnage described in the charter-party, was 
not a performance of the covenant, according to the intention of the 
parties, to load “ a full and complete cargo,” but that the freighter 
was bound to put on board as much as the ship could carry with safety. 
Hunter v. Fry , 2 Barn. & Aid. 421. 

In a case so early as in the time of James the Second, a policy of 
assurance w'as construed to run until the ship had ended and was dis- 


* But see 9 Geo. IV. c. 49. at the end of this P.uiT. 



CONSTRUCTION OF THE POLICY. 833 

charged of her voyage; for arrival at the port to which she was bound 
was not a discharge, till she was unloaded. 

But, although this construction be right, where the policy is genera] 
from A to B., yet if it contains the words usually inserted—“ and tilt 
the ship shall have moored at anchor twenty-four hours in good safety f 
the underwriter is not liable for any loss arising from seizure after she 
has been twenty-four hours in port, even if such seizure was in conse¬ 
quence of an act of barratry (such as smuggling) of the master during 
the voyage.—Lockyer and others v. OJjley, 1 T. R. 252. 

The ship Success was assured, “ at and from Leghorn to the port of 
London , and till there moored twenty-four hours in good safety .” She 
arrived the 8th of July at Fresh Wharf, and moored, but was the 
same day served with an order to go back to the Hope, to perform a 
fourteen days’ quarantine. The men upon this deserted her ; and on 
the I2th of the month the captain applied to be excused going back* 
which petition was adjourned to the 28th, when the regency ordered 
her back; and on the 30th she went back, performed the quarantine, 
and then sent up for orders to air the goods ; but, before she returned, 
the ship was burnt, on the 23d of August; and the question was, 
whether the assurer was liable ; Lord Chief Justice Lee ruled, that 
though the ship was so long at her moorings, yet it could not be said 
to be there in good safety , which must mean the opportunity of un¬ 
loading and discharging.— IVaples v. Ea?nes, 2 Stra. 1243. 

So, where the ship Hercules was assured from Bilboa to Rouen, 
and till twenty-four hours moored in safety there , the ship arrived, an 
embargo having been previously laid on all English vessels in that 
port. The captain went_on shore the day after his arrival, and the 
embargo was laid on his ship the next day. He was afterwards per¬ 
mitted to land the cargo, which he delivered to consignees, but the 
ship was detained as a prize. Lord Kenyon ruled, that she was as 
much within the power of the enemy as if a guard had been put on 
board the moment she arrived : she could not be said to be twenty- 
four hours, or a minute, moored in safety, so far as relates to these 
plaintiffs ; for, immediately on entering the port, she was to all intents 
and purposes captured by the French.— Minett v. Anderson , Peak’s R. 
Sittings after Hil. 34 Geo. III. 

But where a ship had arrived at the wharf on the 12th of January, 
and was laid on the outside of the tier, there being no room to lay her 
on the inside ; where the sails were unbent, topmasts struck, three 
anchors out, and she was also lashed to another ship, and so continued 
till the 19th, when several ships and a quantity of ice forced her adrift, 
and she was wholly lost; Lord Kenyon was of opinion she was com¬ 
pletely moored on the 19th ; and as the accident did not happen till 
above twenty-four hours after that time, the underwriters were not liable. 
— Angerstein v. Bell. Sittings at Guildhall after Trinity, 1795. 

Upon an assurance from London to the East Indies, warranted to 
depart with convoy, the facts were, that the ship went from London to 
the s Downs, and thence with convoy, and was lost. It was adjudged, 
that the clause, “ warranted to depart with convoy,” must be con¬ 
strued according to the usage among merchants, that is, from such place 
where convoys are to be had, as the Downs; and that therefore, in 
this case, there was not a departure without convoy.— Lethulier's case , 
2 Salk. 443. 

So likewise, on an insurance from Bremen to the port of London, 
warranted to depart with convoy. The case was, the ship set sail 

3 H 


634 


MARINE ASSURANCES. 

from Bremen under the conduct of a Dutch man of war to the Elbe, 
where they were joined by two other Dutch men of war and several 
Dutch and English merchant ships, whence they sailed to the Texel, 
where they found a squadron of English men of war and an admiral. 
After a stay of nine weeks, they set sail from the Texel: the ship was 
separated in a storm, taken by a French privateer, and retaken by a 
Dutch privateer, and paid ,£80 salvage. It was ruled by Lord Chief 
Justice Holt, that the voyage ought to be according to usage; that 
their going to the Elbe, though out of the way, was no deviation ; for, 
till after the year 1703, (prior to which time this policy was made,) 
there was no convoy for ships directly from Bremen to London.— 
Bond v. GonsaleSy 2 Salk. 445. 

In an insurance upon freight, if an accident happens to the ship 
before any goods are put on board, which prevents her from sailing, 
the assured upon the policy cannot recover the freight which he would 
have earned if she had sailed.— Tonge v. Watts , 2 Stra. 1251. 

But, if the policy be a valued policy, and part of the cargo be on 
board when such accident happens, the rest being ready to be shipped, 
the assured may recover to the whole amount.— Montgomery v. 
Egginson , 3 T. R. 362. 

So likewise, in an open policy on freight, at and from London and 
Teneriffe to any of the West-India Islands (Jamaica excepted .) The 
ship was under a charter-party to depart out of the river Thames, and 
proceed to Teneriffe, there to receive on board 500 pipes of wine, to 
be delivered in the West Indies, for the freight of which the freighters 
covenanted to pay 35s. per pipe. She sailed from London in ballast, 
and was captured before arrival at Teneriffe. The Court held, that 
the instant the ship departed from the Thames, the contract for freight 
had its commencement , and the plaintiff was entitled to recover. That 
this case was different from Tonge v. Watts , where there was no com¬ 
mencement of the contract, because no goods had been shipped ; and 
resembled the case of Montgomery v. Egginson, inasmuch as, though 
different in their circumstances, in both there was a commencement of 
the contract.— Thompson v. Taylor, 6 T. R. 478. 

If a charter-party of affreightment provides that a reasonable de¬ 
duction, according to the judgment of certain persons, shall be made 
from the freight, in the case of the “ inability of the ship to execute 
or proceed on the service if the ship be unable to proceed from 
want of men to navigate her, the freight is still liable to the same 
abatement, although such scarcity of hands should proceed from the 
small-pox, mortality, or desertion.— Beatson v. Schank, T. R. 43 
Geo. III. Hilary. 

On an assurance from London to Gibraltar, warranted to depart 
with convoy , it appeared there was a convoy appointed for that trade 
at Spithead, and the ship assured, having tried for convoy in the 
Downs, proceeded for Spithead, and was taken in her way thither. 
Lord Chief Justice Lee was of opinion, that the ship was to be con¬ 
sidered as under the defendant’s assurance to a place of general ren¬ 
dezvous, according to the interpretation of the words, warranted to 
depart with convoy: and, if the parties meant to vary the assurance 
from what is commonly understood, they would have stated it in the 
policy.—2 Stra. 1265. 

The ship Eyles, late in the East-India Company’s service, was, in 
the year 1732, at Bengal, at which time the owner employed his agents 
to assure the ship in London for £500. The adventure thereon was 


835 


CONSTRUCTION OF THE POLICY. 

to commence from her arrival at Fort St. George , and thence to 
continue till the said ship should arrive in London ; and that it should 
be lawful for the said ship, in the said voyage, to stay at any ports or 
places without prejudice, and that the ship was and should be rated 
at interest or no interest , without further account. The Eyles came 
to Fort St. George in February, 1733, in her way to England ; but, 
being leaky, and in a very bad condition, upon the unanimous advice 
of the governor, council, commanders of ships, &c. she sailed for 
Bengal to be refitted, and after being sheathed, in her return upon 
her homeward-bound voyage, she struck upon the English sands and 
was lost.—Upon this case, it was said by Lord Chancellor Hard- 
wicke,—Stress of weather, and the danger of proceeding on a voyage, 
when a ship is in a decayed condition, are to be considered; for, in 
such a case, if she went to the nearest place, I should consider it 
equally the same as if she had been repaired at the place from which 
the voyage was to commence, according to the terms of the policy, and 
no deviation. There is here no proof why she might not have been 
equally well repaired at Fort St. George; but there is one part of this 
case which distinguishes it from all others whatever, and that is, as to 
the certain time the voyage was to commence. The fact is, the ship 
was lost in July, 1733, three weeks before the time of making this 
policy, so that clearly the ship was not at Fort St. George at the time 
the agreement was made ; and therefore it is a material question 
whether it comes within the agreement. His lordship directed an 
issue to try, whether the loss in July, 1733, was a loss during the 
voyage, and according to the adventure agreed upon : and, upon the 
trial of that issue, the underwriter was holden liable.— Motteux and 
others v. London Assur. 1 Atk. 545. 

The words “ at and from Bengal to England” mean the first arrival 
at Bengal; and, when such words are used in policies, first arrival is 
always implied and understood. 1 Atk. 545. 

When a ship is assured at and from a place , and it arrives at that 
place, so long as the ship is preparing for the voyage upon which it 
is assured, the assurer is liable ; but, if all thoughts of the voyage 
be laid aside, and the ship lie there five, six, or seven years, with 
the owner’s privity, the assurer is not liable.— Chitty v. Selmin , 
2 Atk. 359. 

A ship was assured at and from Jamaica to London: she had also 
been assured from London to Jamaica generally, and was lost in coast¬ 
ing the island, after she had touched for some days at one port there, 
but before she had delivered all her outward-bound cargo at the other 
ports of the island. The question was, when the homeward-bound 
risk commenced, and at what time the.outward-bound risk determined? 
A special jury, after an examination of merchants as to the custom, 
decided, that the outward risk ended when the ship had moored in 
any port of the island, and did not continue till she came to the last 
port of delivery.— Camden v. Cowley , 1 Black. R. 417. 

This was afterwards confirmed by Lord Mansfield, who laid down 
this doctrine, that the outward risk upon the ship ended twenty- 
four hours after its arrival in the first port in the island to which 
it was destined; but that the outward policy upon goods continues 
till they were landed.— Barras v. London Assur. Sittings after Hilary, 
1782. 

And the law of the last two cases has been since corroborated by 
the decision of a cause before Lord Kenyon; (Leigh v. Mather 

3 h 2 


836 MARINE ASSURANCES. 

Sitting’s after Mich. 1795 3 ) in which it was determined, that the risk 
on the ship ceased after she had moored twenty-four hours in the first 
port of the island, for the purpose of unloading; and that a ship assured 
generally to any island, cannot be permitted to go round the whole 
island for the purpose of unloading her cargo. 

But, in the following cases, the principles are laid down with so 
much accuracy and precision, that they may preclude further discussion 
of the subject. 

An action was brought upon a policy of assurance “ on goods in 
a Dutch ship from Malaga to Gibraltar, and at and from thence to 
England and Holland, both, or either; on goods, as hereafter agreed, 
beginning the adventure from the loading, and to continue till the 
ship and goods be arrived in England, or Holland, and there safely 
landed.” The agreement was, “ that, upon the arrival of the ship 
at Gibraltar, the goods might be unloaded and reshipped, in one or 
more British ship or ships for .England and Holland, and to return 
one per cent, if discharged in England.” It appeared in evidence, 
that when the ship came to Gibraltar, the goods were unloaded, and 
put into a store-ship, (which it was proved was always considered as 
a warehouse,) and that there were then no British ships there. Two 
days after the goods were put into the store-ship they were lost in a 
storm. 

Lee, Chief Justice.—Policies are to be construed largely, for the 
benefit of trade and for the assured. Now, it seems to be a strict 
construction to confine this assurance only to the unloading and re¬ 
shipping, and the accidents attending this act. The construction 
should be according to the course of trade in this place; and this ap¬ 
pears to be the usual mode of unloading and reshipping, in that place, 
viz. that when there is no British ship there, then the goods are kept 
in store-ships. Where there is an assurance of goods on board such 
a ship, that assurance extends to the carrying the goods to shore in a 
boat. So, if an assurance be of goods to such a city, and the goods 
are brought in safety to such a port, though distant from the city, 
that is a compliance with the policy, if that be the usual place to 
which the ships come. Therefore, as here is a liberty given of un¬ 
loading and reshipping, it must be taken to be an assuring under such 
methods as are proper for unloading and reshipping. There is no 
neglect on the part of the assured, for the goods were brought into 
port the 19th, and were lost the 22d of November. This manner of 
unloading and reshipping, is to be considered as the necessary means 
of attaining that which was intended by the policy; and seems to be 
the same as if it happened in the act of unshipping from one ship to 
another. And as this is the known course of the trade, it seems ex¬ 
traordinary if it were not intended. This is not to be considered as 
a suspension of the policy: for, as the policy would extend to a loss 
happening in the Unloading and reshipping, from one ship to another, 
so any means to attain that end come within the meaning of the 
policy. The plaintiff had a verdict.— Tierney v. Etherington , 1 Burr. 
348. 

In an action upon a policy of assurance, the following case was 
stated for the opinion of the court. “ The plaintiff being part-owner 
of the ship Onslow, an East-India ship, then lying in the Thames, 
and bound on a voyage to China, and back again to London, assured 
it at and from London to any port or place beyond the Cape of Good 
Hope , and bach to London , free from average under ten per cent. 


837 


CONSTRUCTION OF THE POLICY. 

vpon the body, tackle, apparel, ordnance, ammunition, artillery, boat , 
and other furniture, of and in the said ship: beginning the adventure 
vpon the said ship from and immediately following the date of the 
policy, and so to continue and endure until the ship shall be arrived 
as above, and there anchored twenty-four hours ili good safety. The 
perils mentioned in the policy were the common perils, viz. of the 
seas, men of war, fire, $c. The ship arrived in the river of Canton, 
in China, where she was to stay to clean and refit, and for other 
purposes. Upon her arrival there, the sails, yards, tackle, cables, 
rigging”, apparel, and other furniture, were, by the captain’s order, 
taken out of her, and put into a warehouse, or storehouse, called a 
bank-saul, built for that purpose, on a sandbank, or small island 
lying in the said river, near one of the banks, called Bank-saul Island, 
in order to be there repaired, kept dry, and preserved, till the ship 
should be heeled, cleansed, and refitted. Some time after this, a 
fire broke out in the bank-saul belonging to a Swedish ship, and 
communicated itself to another bank-saul, and thence to that be¬ 
longing to the Onslow, and consumed the same, together with all the 
sails, yards, &c. belonging to the Onslow, that were therein. It was 
the universal and well-known usage, and has been for a great number 
of years, for all European ships, which go on a China voyage, except 
Dutch ships, (who for some years past have been denied this privilege 
by the Chinese, and who look upon such a denial as a great loss,) 
when they arrive near this Bank-saul Island, in the river of Canton, 
to unrig ships, and to take out their sails, yards, tackle, cables, rig¬ 
ging, apparel, and other furniture, and to put them on shore on a 
bank-saul, built for that purpose on the said island, (in the manner 
that had been done by the captain of the Onslow on the present oc¬ 
casion,) in order to be repaired, kept dry, and preserved, until the 
ship should be heeled, cleansed, and refitted. The ship arrived from 
her said voyage in the Thames, having been again rigged, and put 
in ihe best condition the nature of the place, and circumstances of 
affairs would permit. The question for the opinion of the court 
was, whether the assurers are liable to answer for this loss, so hap¬ 
pening upon the bank-saul, within the intent and meaning of this 
policy,” 

The following unanimous opinion of the court was delivered by 
Lord Mansfield:—“ By the express words of the policy, the de¬ 
fendants have assured the tackle, apparel, and other furniture, of 
the Onslow, from fire, during the whole time of her voyage, until 
her return in safety to London, without any restriction. Her tackle, 
apparel, and furniture, were inevitably burnt in China, during the 
voyage, before her return to London. The event, then, which has 
happened, is a loss within the general words of the policy; and it is 
incumbent upon the defendants to show, from the manner in which 
this misfortune happened, or from other circumstances, that it ought 
to be construed a peril which they did not undertake to bear. If the 
chance be varied, or the voyage altered, by the fault of the owner 
or master of the ship, the assurer ceases to be liable; because he is 
only understood to engage that the thing shall be done safe for for¬ 
tuitous dangers, provided due means are used by the trader to attain 
that end. But the master is not in fault, if what he did was done in 
the usual course and for just reasons. The assurer, in estimating the 
price at which he is willing to indemnify the assured against all risks, 
must have under his consideration'the nature of the voyage to be 


838 


MARINE ASSURANCES. 


performed, and the usual course and manner of doing it. Every thing 
done in the usual course must have been foreseen, and in con¬ 
templation, at the time he engaged : he took the risk, upon a sup¬ 
position, that what was usual or necessary should be done. In ge 
neral, what is usually done by such a ship, with such a cargo, in such 
a voyage, is understood to be referred to by every policy, and to make 
a part of it, as much as if it were expressed. The usage, when fore¬ 
seen, is rather allowed to be done, than what is left to the master’s 
discretion, upon unforeseen events : yet, if the master, ex justd causd , 
go out of the way, the assurance continues. Upon these principles, 
it is difficult to frame a question, which can arise out of this case, as 
stated. The only objection is, that they were burnt in a bank-saul, 
and not in the ship ; upon land, not at sea, or upon water ; and, being 
appurtenant to the ship, losses and dangers ashore could not be in¬ 
cluded. The answer is obvious ; first, the words make no such distinc¬ 
tion ; secondly, the intent makes no such distinction. Many accidents 
might happen at land, even to the ship. Suppose a hurricane to drive 
it a mile on shore ; or, an earthquake might have a like effect; suppose 
a ship to be burnt in a dry dock; or, suppose accidents to happen to 
her tackle upon land, taken from the ship, while accidentally and 
occasionally refitting, as on account of a hole in its bottom; or other 
mischance ; these are all possible cases. But what might arise from 
an accidental repair of the ship is not near so strong, as a certain ne¬ 
cessary consequence of the ordinary voyage, which the parties could 
not but have in their direct and immediate contemplation. Here the 
defendants knew that the ship must be heeled, cleaned, and refitted, 
in the river of Canton; they knew that the tackle would then be put 
in the bank-saul; they knew it was for the safety of the ship, and 
prudent, that they should be put there. Had it been an accidental 
necessity of refitting, the master might have justified taking them out 
of the ship ex causd justd; but describing the voyage is an express 
reference to the usual manner of making it, as much as if every cir¬ 
cumstance were mentioned. Was the chance varied by the fault of 
the master? It is impossible to impute any fault to him. Is this 
like a deviation? No, it is ex justd causd, which always excuses. 
Had the assurers been asked whether the tackle should be put in the 
bank-saul, they must, for their own sakes, have insisted that it should. 
They would have reason to complain, if, from their not being put there, 
a misfortune had happened. In such a case the master would have 
been to blame; and, by his fault, would have varied the chance. 
They have taken a price for standing in the plaintiffs place, as to any 
losses he might sustain in performing the several parts of the voyage, 
of which this was known and intended to be one. Therefore, we are 
all of opinion, that, in every light, and in every view, of this case, in 
reason and justice, and within the words, intent, and meaning, of this 
policy, and within the view and contemplation of the parties to the 
contract, the assurers are liable to answer to this loss.”— Petty v. 
Royal Exch. Assur. 1 Burr. 341. This doctrine has been since con¬ 
firmed by the court of king’s bench, in the case of Brough v. Whit¬ 
more, 4 T. R. 206. 

The same principles were adhered to in more modern cases, as 
(ex. gr.) Noble and Co. v. Kennoway, (Doug. R. 492,) and many others. 
The principle of these cases is illustrated particularly by several de¬ 
terminations respecting “ sailing with convoy” in time of war. The 
last convoy act was 43 Geo. III. c. 57; the provisions of which, of 


CONSTRUCTION OF THE POLICY. 


839 


course, ended with the war, but three of them gave occasion to nu¬ 
merous modern adjudications, which very fully develope the principles 
here contended for. Those provisions were, 1. That no vessel 
should depart from port but under such convoy as should be appointed. 
2. That every such vessel should continue with convoy during the 
authorized period. 3. That all assurances are avoided on the volun¬ 
tary breach of those provisions. The exceptions are, indeed, nume¬ 
rous, but not necessary to be noticed for the immediate purpose here. 
The question of compliance, or non-compliance, with the terms of the 
act , under infinite varieties of circumstances, gave occasion to nume¬ 
rous litigations, but they all tended to confirm what we have advanced. 
(See Abbott, 243.-3 Taunt. 131.—15 E. R. 507.—Holt. N. P. 185. 
—4 Taunt. 493. 4 Campb. 231.) 

In conformity with this doctrine, are the cases of assurances upon 
East India voyages , in which the assurers have been held liable, not 
only for events which may possibly happen from the port of discharge to 
that of delivery, but also for all intermediate or country voyages , and 
upon which the ship may be despatched by order of the council of 
any of the East India Company’s settlements abroad. And this con¬ 
struction of East India policies prevails, whether the words of them 
be large and comprehensive, such as with liberty to touch, stay, and 
trade, at any port or places whatsoever , or restrained and limited, such 
as to touch and stay at any port or place in this voyage.—Salvador v. 
Hopkins , 3 Burr. 1707 .—Gregory v. Christie , Trin. Term, 24 Geo. 
III .—Farquharson v. Hunter , Hilary, 25 Geo. III.—At the same 
time, though the general rule be so, yet the parties contracting may, 
by their own agreement, prevent such a latitude of construction. In 
order to do this, it is not necessary that the express words of exclu¬ 
sion should be inserted in the policy ; but if, from the terms used, 
the court can collect that such was the intention of the parties, that 
construction, which is most agreeable to their intention, will prevail. 
—Lavabre v. Wilson , 2 Doug. 27. 

When an assurance is made on one species of property, the damage 
sustained by loss of property, different from that named in the policy 
cannot be recovered. Thus a man, who has assured a cargo of goods , 
cannot recover the freight which he has paid for the carriage of that 
cargo ; nor can an owner, who assures the ship merely , demand satis¬ 
faction for the loss of merchandise laden thereon, or ask from the 
assurers extraordinary wages paid to the seamen , or the value of pro¬ 
visions consumed , by reason of the detention of the ship at any port 
longer than was expected .—Fletcher and others v. Poole. Sittings after 
Easter, 1769 .—Bailie v. Modigliani , Hilary Term, 25 Geo. III. 

On a policy on a ship, sailors’ wages or provisions are never al¬ 
lowed in settling the damages ; for if a ship is detained, in consequence 
of any injury received in a storm, though the underwriters must make 
good that damage, yet the assured cannot come upon him for the 
amount of wages or provisions during the time she was repairing.— 
Robertson v. Ewer , 3 T. R. 127. 

But, on a policy on a ship and furniture, where the provisions for 
the crew were burnt, it was determined that provisions for the crew 
are comprehended under furniture, and that the underwriter was of 
course answerable for their loss .—Brough v. Whitmore , 4 Term Rep, 
206. 

In an assurance upon a Greenland ship, the value of lines and tackle , 
employed in the fishery, is not recoverable under a policy made upon 


840 


MARINE ASSURANCES. 


the ship, tackle , and furniture, &c.— Hoskins v. Pickers"ill, K. B. 
Easter, 23 Geo. III. 

In order to entitle the assured to recover, the loss must be a direct 
and immediate consequence of the peril assured, and not a remote one. 
Thus, in an action on the policy of assurance, “ at and from Bristol 
to the coast of Africa, during her stay and trade, and thence to our 
port or ports of discharge in the West Indies.” There was a memo¬ 
randum on the policy, that “ the assurers are not to pay any loss that 
may happen in boats during the voyage, (mortality by natural death 
excepted,) and not to pay for mortality by mutiny, unless the same 
amount to £\0 per cent, to be computed on the first cost of the ship, 
outfit, and cargo, valuing negroes so lost at <£35 per head.” The 
demand upon the policy was the loss of a great many slaves by mutiny. 
The underwriter had paid at the rate of £15 per cent, for nineteen, 
who were either killed during the mutiny, or had afterwards died 
of their wounds. Another consequential damage was stated, that the 
mutiny had lessened the remaining slaves in the estimation of the 
planters, and reduced their price. Lord Mansfield said, as to the 
latter loss, the underwriter is not answerable for the loss of the market, 
or the price of it; that is a remote consequence, and not within any 
peril assured against by the policy. The jury determined, that all who 
were killed in the mutiny, or died of their wounds, or of their 
bruises, which they received in the mutiny, though accompanied with 
other causes, were to be paid for, but those who died from other 
causes only, were not to be paid for.— Jones v. Schmoll, 1 T. R. 
p. 130. Since the acts of parliament for abolishing the slave-trade, 
such losses, as those which occurred in this particular case, are not 
assurable; but the principle of the determination is still the same in 
law, and has governed other cases. 

In the construction of policies for time * the same liberality pre¬ 
vails ; thus, in a policy of assurance of the ship Mary, letter of marque, 
the words were, “ at and from Liverpool to Antigua, with liberty to 
cruise six weeks, and return to Ireland, or Falmouth, or Milford, with 
any prize or prizes.” The ship having been taken, an action was 
brought, when a verdict was found for the plaintiffs. The material 
parts of the evidence were, that the policy was made on the 9th of 
February, 1779, and there was no time fixed in it for the commence¬ 
ment or the duration of the voyage. The captain of the ship swore, 
that he sailed from Liverpool on the 28th of February; he was five 
days before he cleared the land ; and he proceeded on his direct voyage 
till the 14th of March, chasing, however, at different times, from the 
7th to the 14th; at which time he began his cruise, giving notice 
thereof to the crew, ordering a minute of it to be entered in the log¬ 
book, which was done. From the 14th of March, he continued cruis¬ 
ing about the same latitude till the 17th or 18th of April, when he 
discontinued the cruise, of which he also gave notice, intending to 
go to the Berlings off Lisbon, in the course of his voyage. On the 
23d, he renewed the cruise, of which he gave notice, as before, and 
ordered a minute to that purpose to be entered in the log-book. 
From that time he continued cruising till the 28th of April, when he 
was taken by an American privateer. Many witnesses were examined, 
some of whom thought, that the liberty of cruising, given by the 


* N. If. By 35 Geo. TIT. c. 63, § 12, no policy upon any ship or interest therein 
can be made for a longer term than twelve calendar months. 



841 


PERILS OF THE SEA. 

policy, meant six successive weeks; others conceived, that, if the 
separate times of cruising', when added together, should not exceed the 
space of six weeks, the terms of the assurance would be complied 
with ; but none of them could prove any usage, as none of the wit¬ 
nesses ever knew a case exactly circumstanced like the present. 

A motion was made for a new trial; upon which Lord Mansfield 
said,—“ Here the subject-matter, in my opinion, is sufficient to show, 
that the six weeks meant one continued period for a time. A cruise is a 
well-known expression for a connected portion of time. There are 
frequently articles for a month’s cruise, a six weeks’ cruise, &c. Such 
a liberty as in this case, to a letter of marque, is an excuse for a 
deviation ; for the true meaning is,—“ I will excuse a deviation for 
six weeks. If they had meant separate days, they would have said 
forty-two days. The Court ordered a new trial .—Syers and others v. 
Bridge , Dougl. 509. 

The general principle of insurance that the assured shall, in case of 
a loss, recover no more than an indemnity, may be controuled by a 
mercantile usage, clearly established, to the contrary, and usage that 
the loss in an open policy on freight shall be adjusted on the gross, 
and not on the net amount of the freight, is a legal usage. Palmer 
v. Blackburn , 1 Bingham, 61. 

It would seem that the Mauritius , in mercantile acceptation, is 
esteemed an Indian island. 1 Bingham, 451. 

Thus, it appears that the material rules to be adhered to, in the 
construction of policies, are the intention of the parties entering into 
the contract, and the usage of trade. 

3. PERILS OF THE SEA. 

It may, in general, be said, that every thing happening to a ship, in 
the course of her voyage, by the intermediate act of God, without the 
intervention of human agency, is a peril of sea. Thus every accident 
happening by the violence of wind and waves, by thunder or lightning, 
by driving against rocks, by the stranding of the ship, or by any other 
violence which human prudence could not foresee, nor human strength 
resist, may be considered as a loss within the meaning of such a policy; 
and the assurer must answer for all damages sustained in consequence 
of such accident. But, if a ship be driven by stress of weather on an 
enemy’s coast and is there captured, it is a loss by capture, and not by 
perils of the seas .—Green v. Elmsley, Peak, 212. 

In<order to charge the underwriter for a loss by perils of the sea, the 
ship must be equipped with every thing necessary for the voyage; she 
must be sea-worthy, have a sufficient crew, and a captain and pilot of 
competent skill. And, therefore, when a ship, homeward-bound from 
Stettin to London, received on board a pilot from Orfordness, but 
dropped him at Half-way Reach in the river Thames, before she had 
reached her moorings higher up in the river, and an accident after¬ 
wards happening by which the ship was lost, the underwriter on the 
ship and cargo was holden discharged from his liability, on account of 
there not being any pilot on board at that time, although it did not ap¬ 
pear that the loss was directly imputable to the want of skill in those 
that navigated her .—Law v. Hollingsworth, 7 T. R. 160. 

An action was brought on a policy of assurance upon a ship and 
goods from Newfoundland to Waterford and Cork, Sfc. including all 
risk in craft to and from the vessel. Captain took a pilot at the 


842 MARINE ASSURANCES. 

m trance, of Cork harbour. In the progress up Cork harbour, the vessel 
struck ground from shallowness of water, the next day she again took 
ground, and on the day after, for the third time, the pilot still remain¬ 
ing in command, she took very considerable damage, as well as loss of 
sale of her cargo (fish) by these several accidents. It appeared in 
evidence that taking ground in this manner was no more than is 
usual with vessels of the same class in Cork harbour. It was held, 
both by the judge at Nisi Prius, and afterwards by the court of C. P. 
that this was not a stranding for which the insurers were liable.— Hearn 
v. Edwards , 1 Brod. &. Bing. Rep. 388. 

In the case of Rohl v. Parr, the ship had been destroyed by a 
species of worms which infest the rivers of Africa; and an intelligent 
merchant swore that he had known many instances of this species of 

loss, but that the underwriters had invariably refused to pay. Lord 
Kenyon and the jury, upon this evidence, decided that it was not a 
loss by perils of the sea. —Sittings of Hilary, 1796, 1 Esp. 445. 

When a ship was driven ashore, part of the goods lost at sea, and 
part got on shore, but while on shore destroyed and plundered by the 
inhabitants, so that no part came again into possession of the master 
and crew, Gibbs, C. J. held this to be a loss by perils of the sea.— 
Bondrett v. Hentigg, Holt’s N. P. 149. 

And in a recent case of insurance on goods in a ship, w arranted free 
from capture and seizure, the ship was stranded on a shoal within a 
few miles of the port of destination, disabled from proceeding, and 
lost; but while she lay in the sand she was seized by the commander 
of the place at which she was stranded, and the goods were confiscated 
by him. It was held a loss of the goods by the perils of the seas, 
which were considered to be the proximate cause.— Hahn v. Corbett , 
2 Bingham, 205. 

But when a ship under repair on a beach, within tide way, bilged 
and damaged, this is not a loss by perils of the sea. 3 Taunt. 227. 
See ante, case of Flelcher v. Inglis , under first division of this chapter, 
Risks against which underwriter assures. 

If a ship has been missing, and no intelligence received of her 
within reasonable time after she sailed, it shall be presumed that she 
foundered at sea.— Newby v. Read, Sittings after Mich. 3 Geo. III. 

And even in an action on a policy, in which there was a warranty 
against captures and seizures, (the ship never having been heard of 
after sailing,) it was insisted, for the defendant, that, as captures and 
seizures were excepted, it lay upon the plaintiff to prove, that the loss 
happened in the particular manner stated. Lord Chief Justice Lee said, 
it would be unreasonable to expect certain evidence of such,a loss, where 
every body on board is presumed to be drowned; and all that can be 
required is, the best proof the nature of the case admits of, which the 
plaintiff has given. The jury found a verdict for the plaintiff.— Green 
v. Brown, 2 Stra. 1190. 

Where horses are insured, warranted free from mortality and jetti¬ 
son, and in the course of the voyage, in consequence of the agnation 
of the ship in a storm, are destroyed by kicking and bruising each other, 
this is a loss by a peril of the sea, and the assured shall recover! 
Gabay v. Lloyd, 3 Barn. & Cress. 793. 

A practice prevails among assurers, that the ship shall be deemed 

lost, if not heard of in six months after her departure (or after the time 
of the last intelligence from her) for any port in Europe, and in twelve 


843 


CAPTURE AND DETENTION. 

months, if for a greater distance. If, under this usage, the assurer should 
pay the money, supposing the ship lost, when it really is not, he may, 
as we shall see hereafter, recover it back by action. 

4. CAPTURE AND DETENTION BY PRINCES, 

OR FOREIGN POWERS. 

A ship is to be considered as lost by capture , though she be never 
condemned at all, nor carried into any port or fleet of the enemy, and 
the assurer must pay the value. If, after a condemnation, the owner 
recover or retake her, the assurer can be in no other condition, than 
if she had been retaken or recovered before condemnation. The 
assurer runs the risk of the assured, and undertakes to indemnify; he 
must therefore bear the loss actually sustained. So that, if, after con¬ 
demnation, the owner recover the ship in her complete condition, but 
has paid for salvage, or been at any expense in getting her back, the 
assurer must pay the loss so actually sustained. No capture by the 
enemy can be so total a loss as to leave no possibility of recovery. If 
the owner himself should retake, at any time, he will be entitled ; and, 
by the acts of 29 Geo. II. c. 34, § 24, and 33 Geo. III. c. 66, § 42, if 
an English ship retake the vessel captured, either before or alter 
condemnation, the owner is entitled to restitution upon stated salvage. 
The chance does not, however, suspend the demand for a total loss 
upon the assurer: but, in case of a recapture, justice is done, by 
putting him in the place of the assured.— Goss v. Whithers , 2 Burr. 694. 

Where a capture has been made, whether it be legal or not, the 
assurers are liable for the charges of a compromise made, bond fide, to 
prevent the ship from being condemned as a prize, or to avoid the 
greater expense of prosecuting an appeal. — Berens v. Rucker y 
1 Blackst. 313. 

But as, by 22 Geo. III. c. 25, and 33 Geo. III. c. 66, all ransoms of 
British ships captured are declared illegal, no sums paid on such 
account can be recovered from the underwriters. 

Upon this principle the following case was decided: The ship 
Themis was assured for twelve months: during which period she was 
captured, carried into Bergen, in Norway, and there condemned by 
the French consul. After sentence, she was put up to sale there, and 
repurchased by the agent of the plaintiff; and this repurchase money 
the plaintiff insisted he had a right to recover. The court, after two 
arguments, were unanimously of opinion, “ that, as the sentence of a 
French consul in a neutral country was contrary to the law of nations, 
and void, the property was never divested out of the original owner; 
and therefore the money paid for the repurchase was in the nature of 
a ransom. The ransom acts are remedial laws; and, in the construc¬ 
tion of such acts, it is a rule to extend the remedy so as to meet the 
mischief. The legislature meant to prevent such a transaction as the 
present, because it would take away the chance of a recapture. This 
transaction being done by an agent , at an auction , and on land, was 
immaterial, as the acts of parliament had not described in what places, 
or in what form, a ransom is prohibited.”— Havelock v. Rockwood y 
8 T. R. 268. 

In cases of capture the underwriter is immediately responsible to 
the assured. But, if the ship be recovered before a demand for in¬ 
demnity, the assurer is only liable for the amount of the loss actually 
sustained at the time of the demand; or, if the ship be restored at any 


8 44 MARINE ASSURANCES. 

timo subsequent to the payment by the underwriter, he shall then 
stand hi the place of the assured, and receive all the benefits and ad¬ 
vantages resulting from such restitution. All these regulations have 
their foundation in this great principle, that a policy of assurance is 
nothing more than a contract of indemnity. 

If an assurer underwrite property belonging to another country, 
between which and our own hostilities break out, subsequent to the 
policy being effected, which said property is captured, lost, or de¬ 
stroyed, during the war, the underwriter is not liable.— Gamba and 
another v. Le Mesurier, T. R. Mich. 44 Geo. III.; and Brandon v. 
Curling, 4 East. 410. 

The underwriter is likewise answerable for all loss or damage arising 
to the assured, “ by the arrests, restraints, and detainments of all kings, 
princes, and people, of what nation, condition, or quality , soever” 

The only question then is, what shall be considered as such deten¬ 
tion ? Lord Mansfield has said, that the assured may abandon in 
case merely of an arrest or embargo by a prince, not an enemy ; and, 
consequently, such an arrest is also within the meaning of the word 
detention. —2 Burr. 696. 

An embargo is ah arrest laid on ships or merchandise by public au¬ 
thority, or a prohibition of state commonly used to prevent foreign 
ships from putting to sea in time of war, and sometimes also to ex¬ 
clude them from entering our ports. Ships are frequently detained to 
serve a prince in an expedition, and for this end have their loading 
taken out, without any regard to the colours they bear, or the princes 
to whose subjects they belong: and this is an arrest within the 
meaning of the policy. 

In case of a detention by a foreign power, which in time of war may 
have seized a neutral vessel at sea, and carried it into port to be 
searched for enemy’s property, all the charges consequent thereon 
must be borne by the underwriter; and whatever costs may arise from 
an improper detention, must always fall upon them.— Saloucci v. 
Johnson, Hil. 25 Geo. III. 

The trustees of the crown, if a ship that is captured be lost before 
condemnation, are entitled to recover against the assurers.— Craufurd 
v. Hunter, 8 T. R. 25. 

The South Carolina, an American ship, of Charlestown, bound for 
London, was assured by the defendant. On her return, she was cap¬ 
tured by a French privateer, and carried into L’Orient. Being after¬ 
wards condemned on account of her not being provided with a list of 
the crew, according to the French ordinances and regulations, the de¬ 
fendant refused to pay the loss. But, as she was furnished with all the 
papers an American ship ought to have, the plaintiffs obtained a 
verdict.— Price and another v. Bell, T. R. Trinity, 41 Geo. III. 

In the following case the plaintiff obtained a verdict on the principle 
“ that the condemnation of any vessel by a foreign court of admiralty is 
“ conclusive only here as to the express ground of the sentence.”—The 
policy of the American ship Mercury was subscribed by the defendant 
as an underwriter for <£200. On her passage from Virginia to Bremen, 
she was captured by a French privateer, and carried into Nantes, where 
she was condemned by a French court of admiralty, “ as belonging to 
the enemies of the French Republic.” But, as the ship was provided 
with all the proper and usual documents, it was held that the under¬ 
writers were responsible. Christie v. Secretan, 3 T. R. 192. 

But, though an underwriter is liable for all damages arising to the 


BARRATRY OF THE MASTER OR MARINERS. 845 

owner of the ship or goods from the restraint or detention of princes, 
yet that rule is not extended to cases where the assured navigates 
against the laws of those countries, in the ports of which he may 
chance to be detained, or to cases where there shall be a seizure for 
non-payment of customs.—2 Vern. 176. 

If indeed any of those acts were committed by the master of the 
ship, without the knowledge of the assured, the underwriter would be 
liable, not for losses by detention, but for a loss by the barratry of the 
master. 

Since the case of Robertson v. Ewer , mentioned before, there seems 
to be very little doubt that an underwriter is liable to pay damage 
arising by the detention or seizure of ships by the government of the 
country to which they belong; for, an embargo had been laid by 
Lord Hood on all shipping in Barbadoes; and it was never doubted 
that the assurer was liable for any loss which might have been sus¬ 
tained by such detention, provided the loss had happened to any of 
the property specifically assured. If the ship be detained by the order 
of the state before her departure for the voyage, but after the risk 
commenced, the assurer, by our law, is liable for the damage occa¬ 
sioned by such detention, as the words of the policy do in themselves 
import no restrictions to restraints and embargoes by foreign poten¬ 
tates only.— Rotch v. Edie, 6 T. R. 413. 

The clause respecting detention, however, extends only to actual 
embargoes , and will not excuse the master for the performance of an 
absolute covenant, where the cause of non-performance was only a 
reasonable apprehension that an embargo was about to be imposed. 
See 10 E. R. 530.—11 E. R. 205. 

Although the words of this part of the policy are, “ arrests, restraints, 
and detainments, of all kings, princes , and people, of what nation, con¬ 
dition, or quality soever yet the word people must be understood as 
applying to those people who are the ruling power of the country, and 
not to any assemblage or people who arrest the ship in a violent and 
riotous manner.— Nesbit v. Lushington, 4 T. R. 783. 

Before the assured can recover against the underwriter in cases of 
detention, he must first abandon to the assurers his right, and whatever 
claims he may have to the goods assured. See title Abandonment. 

5. BARRATRY OF THE MASTER OR MARINERS. 

Barratry is committed, when the master of a ship or the mariners 
cheat the owners or assurers, whether it be by running away with the 
ship, sinking her, deserting her, embezzling the cargo, or by carrying 
a ship a different course from their orders.—Postlethwaite’s Diet. 
1 vol. p. 136. 214. These definitions are so very comprehensive, that 
they seem to take in every case of barratry, known to the law of 
England. From a review of the decisions on this subject, it appears, 
that any act of the master, or of the mariners, which is of a criminal 
nature, or which is grossly 7legligent, tending to their own benefit, to 
the prejudice of the owners of the ship, without their consent or privity, 
is barratry. 

In an action on a policy of insurance on a ship, by which, among 
other risks, the underwriters insured against fire, and barratry of the 
master and mariners, it was holden that they were liable for a loss by 
fire, occasioned by the negligence of the master and mariners. It was 
also holden in the same case, that where the assured had once provided 


84 fi MARINE ASSURANCES. 

a sufficient crew, the negligent absence of all that crew at the time of 
the loss, was no breach of the implied warrantry “ that the ship should 
be properly manned.”— Bush v. R. Exc. Ass. Co.; 2 Barn. & Aid. «3. 

It is not necessary, in order to entitle the assured to recover for 
barratry, that the loss should happen in the act of barratry; that is, 
immaterial whether it take place during the fraudulent voyage, or 
after the ship has returned to the regular course; for the moment the 
ship is carried from its right track, with an evil intent, barratry is 
committed.—Crown Rep. 155. 

But the loss in consequence of the act of barratry, must happen 
during the voyage assured , and within the time limited by the policy ; 
for, if the captain be guilty of barratry by smuggling, and the ship 
afterwards arrive at the port of destination, and be there moored at 
anchor twenty-four hours in good safety , the underwriters are not 
liable, if, after this, she should be seized for that act of smuggling.— 
Lockyer v. OJJley , 1 Term Rep. p. 252. 

The sailing out of port, without paying duties, whereby the ship is 
subjected to forfeiture, is barratrous.—Cowp. 153. 

If the act of the captain be done with a view to the benefit of the 
owners, and not to advance his own private interest, no barratry is 
committed. To constitute barratry, it must be without the knowledge 
or consent of the owners. 

In the following case all the doctrine on this head was fully con¬ 
sidered. It was an action on a policy of assurance upon goods on 
board the Thomas-and-Matthew, from London to Seville. The policy 
was made in the common form, with liberty to touch at any ports or 
places, &c. The loss was assigned different ways in the declaration : 
first by storms and perils of the sea, in consequence of which the ship 
was obliged to go to Dartmouth to be repaired ; and that afterwards 
a farther loss happened by storm, &c.: secondly, that it happened by 
storms and perils of the seas in the voyage generally ; and thirdly, by 
the barratry of the master. 

On the trial it was proved, that this ship was put up as a general 
ship from London to Seville; and was let to freight to one Darwin, to 
whom she was chartered by Brown, the captain ; that it is the course 
of vessels going on this voyage, to stop at some port in the west of 
Cornwall, to take in provisions ; that this ship having taken her cargo 
on board, sailed from London to the Downs; that, while she lay there, 
all the other ships bound to the westward bore away, but she staid till 
the night after, and then sailed to Guernsey, which was out of the 
course of the voyage; that the captain went there for his own con¬ 
venience, to take in brandy and wine on his own account , after which 
he intended to proceed to Cornwall; that the night after the ship 
quitted Guernsey she sprung a leak, which obliged her to put into 
Dartmouth. When she was refitted, she set sail again, and proceeded 
for Helford, in Cornwall, where it was always intended she should stop 
to take in provisions; but, in her way, she received farther damage; 
and, on her arrival there, was totally incapable of proceeding on*the 
voyage, and the goods were much damaged. It was attempted, on 
the part of the defendant, to prove that one Willes was the owner o. 
the ship; that the voyage to Guernsey was on his account; and that 
the goods taken on board there, were his property; but this evidence 
went little farther than information and belief, except that it was 
proved that, when the ship arrived at Helford, the wine was delivered 
to him in his cellar. The learned judge directed the jury, that, if the 


BARRATRY OF THE MASTER OR MARINERS. S47 

going to Guernsey was without the knowledge of Darwin, it was bar¬ 
ratry, and they ought to find for the plaintiff; but, if done with his 
knowledge, then it was not barratry; that, if they should be of 
opinion that it was without the knowledge of Darwin, he desired them 
to say, whether they thought it was with the knowledge of Willes or 
not. The jury found a verdict for the plaintiff, and said, they thought 
the going to Guernsey was without the knowledge of Darwin, whom 
they looked upon to be the true owner ; but they were of opinion, it 
was with the knowledge of Willes. 

A motion was afterwards made for a new trial: and the case being 
a question of great consequence to the mercantile world, was twice 
argued at the bar; after which the judges were unanimously of opi¬ 
nion that the plaintiff was entitled to recover, and the following are 
their opinions delivered in giving judgment. 

Lord Mansfield.—“ The ground of the motion for a new trial in 
this case is, that, under the circumstances, as they were given in evi¬ 
dence to the jury, the carrying the ship to Guernsey was merely a 
deviation , but not barratry. Much more stress was laid at the trial, 
than in either of the arguments upon this fact; namely, that the de¬ 
viation being with the knowledge of Willes, the owner (though not 
pro hac vice ) of the ship, it could never be barratry; and, therefore, 
the jury were pressed to say, whether it was with the consent of Willes 
or not; and they said, It was. Nothing is so clear, as that, if the owner 
of a ship assures and brings an action on the policy, he can never set 
up as a crime a thing done by his own direction or consent. It was 
therefore a material fact to proceed upon, if Willes had any thing to do 
in the case ; but he had not. It appeared to me, that the nature of bar¬ 
ratry had not been judiciously considered or defined, in England, with 
accuracy. In all mercantile transactions, the great object should be 
certainty; and, therefore, it is of more consequence that the rule should 
be certain, than whether the rule is established one way or the other : 
because speculators in trade then know upon what ground to pro¬ 
ceed.” His lordship then, after giving a definition of the word bar¬ 
ratry, proceeded thus: “In this case, the underwriter has assured 
against all barratry of the master; and we are not now in a case 
where the owner or freighter is privy to it; if we were, it is evident, 
that no man can complain of an act to which he is himself a party. 
In this case, all relative to Willes may be laid out of it: he is 
originally the owner, but not the assurer here. Darwin was the freighter 
of the ship, and the goods that were on board were his ; if any fraud 
be committed on the owner, it is committed on Darwin. The ques¬ 
tion then is, what is the ground of complaint against the master ? He 
had agreed to go on a voyage from London to Seville ; Darwin trusts 
he will set out immediately: instead of which the master goes on an 
iniquitous scheme, totally distinct from the purpose of the voyage to 
Seville ; that is a cheat and fraud on Darwin, who thought he would 
set out directly; and whether the loss happened in the act of bar 
ratry, that is, during the fraudulent voyage, or after , is immaterial, 
because the voyage is equally altered, even though there is no other 
iniquitous intent. But, in the present case, there is a great deal of rea¬ 
son to say, that the loss sustained was in consequence of the alteration 
of the voyage. The moment the ship was carried from its right course, 
it was barratry; and here the loss happened immediately upon the 
alteration. Suppose the ship had been lost afterwards , what would 
have been the case of the assured, if he were not secured against the 


818 


MARINE ASSURANCES. 


barratry of the master ? He would have lost his assurance by the 
fraud of the master; for, it was clearly a deviation, and the assumed 
cannot come upon the underwriters for a loss in consequence of a 
deviation. Therefore, I am clearly of opinion, that this smuggling 
voyage was barratry of the master.”— Vallejo and another v. Wheeler, 
C. R. 143. 

Breach of an embargo is an act of barratry in the master. This 
was holden by Mr. Justice Buller in the case of Robertson v. Ewer , 
before mentioned. 

Barratry implies something done ex malejicio , contrary to the duty 
of masters and mariners in the relation in which they stand to the 
owners of the ship; and, although they may make themselves liable to the 
owners of goods, for misconduct, yet they cannot for barratry, which can 
be committed against the owners of the ship, and them only. By Lord 
Ellenborough, 5 E. R. 126. An action was brought by the assignees 
of a bankrupt, on a policy of assurance on goods, laden in the ship 
Rachette, for a voyage from London to Rochelle. The cause was 
tried before Mr. Justice Buller, when a verdict was found for the 
plaintiff, subject to the opinion of the Court upon the following case : 
That the bankrupt shipped on board the vessel in question goods to 
the amount of <£1800 for Rochelle.—That the captain, by the insti¬ 
gation and direction of Messrs. Le Grand, the owners of the ship, went 
with the ship and cargo to Bordeaux , instead of Rochelle, where the 
cargo was sold by the agent of Le Grands. That a petition was pre¬ 
sented by the plaintiffs to the lieutenant-general of the admiralty of 
Guienne, stating the whole of the transaction between the bankrupt 
and the owners and captain; that, in order to procure a landing at 
Bordeaux, their original destination being to Rochelle, false bills of 
lading were made out by the captain, at the instigation of Le Grand ; 
the petition concluded with a prayer for relief. In consequence of 
this petition, a decree was passed, declaring Rene Guine (captain) 
guilty of the crime of barratry of the master, for having signed false 
bills oflading, &c. For reparation whereof, it senlenced him to per¬ 
petual service in the galleys. I’t also declared Dominique Le Grand 
guilty, and convicted of having been an instigator and accomplice of 
the said barratry of the master, and adjudged him to five years’ ser¬ 
vice in the galleys ; and also decreed that the said Ren6 Guin6 and 
Le Grand should pay to the plaintiffs the amount of their loss and all 
charges and costs. The question on this case is, whether the plain¬ 
tiffs were entitled to recover against the assurer ? 

Lord Mansfield delivered the opinion of the Court.—“ The general 
question here is on the construction of the word barratry in a policy 
of assurance. It is somewhat extraordinary that it should have crept 
into assurances, and still more, that it should have continued in them 
so long; for, the underwriter assures the conduct of the captain, 
whom he does not appoint, and cannot dismiss, to the owner, who can 
do either. The point to be considered is, whether barratry, in the 
sense in which it is used in our policies of assurance, can be committed 
against any but the owners of the ship. It is clear beyond contra¬ 
diction that it cannot; for, barratry is something contrary to the duty 
of master and mariners, the very terms of which imply, that it must be 
in the relation in which they stand to the owners of the ship. The 
words used are the masters and mariners, which are very particular. 
An owner cannot commit barratry . He may make himself liable by 
his fraudulent conduct to the owners of the goods, but not as fir 


BARRATRY OF THE MASTER OR MARINERS. 849 

barratry. And, besides, barratry cannot be committed against the 
owner, with his consent; for, though the owner may become liable for 
a civil loss by the misbehaviour of the captain, if he consents, yet this 
is not barratry. Barratry must partake of something criminal, and 
must be committed against the owner by the master or mariners. In 
the case of Vallejo v. Wheeler , the Court took it for granted, that 
barratry could only be committed against the owner of the ship. The 
point is too clear to require farther discussion.”— Nutt and others , 
assignees of Hague v. Bourdieu, 1 T. R. 323. 

If the owner be also the master of the ship, any act, which, in an¬ 
other master, would be construed barratry, cannot be so in him ; but, 
where the person, who acts as master, is proved to have carried her 
out of her course for fraudulent purposes of his own, this is primd 
facie evidence of barratry; and it is incumbent on the underwriter, if 
he can, to prove that such person was owner as well as master.— 
Ross v. Hunter , 4 T. R. 33. 

If the parties insert in the policy that the assurance shall be upon 
the ship, in any lawful trade, and the captain commit barratry by 
smuggling, the underwriters are answerable. For, otherwise, the 
word barratry would be struck out of the policy; and most clearly the 
stipulation in the policy, respecting the employment of the ship in a 
lawful trade, must mean, as was said by Lord Kenyon, in delivering 
the unanimous opinion of the Court, the trade on which she is sent by 
the owners. — Havelock v. Hancil, 3 T. R. 277. 

A very accurate definition of one species of barratry has been laid 
down in the case of Ross v. Hunter. This was an assurance on goods 
on board the Live Oak, at and from Jamaica to New Orleans. She 
sailed on the voyage assured in May, 1783 ; and arrived in June fol¬ 
lowing, at the mouth of the river Mississippi. When the captain had 
got thus far, he dropped anchor; and went in his boat up the river to 
New Orleans; and, on his return, without carrying the ship to her 
port of destination, stood away for the Havanna; after his departure 
whence, he was never afterwards heard of. A verdict was found for 
the plaintiff against the underwriter. Mr. Justice Buller said, in one 
sense of the word, barratry is a deviation by the captain for fraudu¬ 
lent purposes of his own. Then the question in this case is, whether 
the captain did deviate with a fraudulent view ? The jury have 
thought that he had a fraudulent intention, and therefore the verdict 
is right.—4 T. R. 33. 

A master endowed with a discretionary power of making the best 
purchases with despatch, will not be warranted in trading with an 
enemy’s settlement (although with their permission) unauthorized by 
his owners, in consequence of which the ship was seized and confis¬ 
cated. Nor does it make any difference that the benefit of his owners 
was intended; but the act is barratry.— Earle v. Rowcroft, 8 E. R. 
127. 

So also, if the master of a ship, contrary to the instructions of his 
owner, cruise for and take a prize, and the vessel is afterwards lost, he 
is guilty of barratry, even though he prosecute the prize in the court 
of admiralty in the name of himself and his owner, and though tht 
owner had procured a letter of marque solely with a view to encourage 
seamen to enter, and without any intention of using it for the pur¬ 
poses of cruising; for, whatever is done by the captain to defeat or 
delay the performance of the voyage, is barratry in him, it being to the 
prejudice of the owners ; and, though the captain might conceive what 

3 i 


c:,0 MARINE ASSURANCES. 

he did was for their benefit, yet, if he acted contrary to his duty to 
them, it is barratry.— Mossy. Byron, 6 T. R. 379. 

It has been, however, contended, that if a vessel deviated from the 
voyage assured, through the ignorance of the captain, it amounted to 
barratry. But the court of King’s Bench, after considerable argument, 
were unanimously of opinion, that there must be fraud to constitute 
barratry. —Plyn v. R. Exch. Ass. Co. 7 T. R. 505. 

If the owner of a ship let to freight takes the command of her, and 
wilfully runs her ashore, this is barratry against the freighter.— Soares 
v. Thornton , 7 Taunt. 627. 

6. PARTIAL LOSSES AND ADJUSTMENT. 

A total loss is a technical term, which does not always mean that 
the property assured is irrecoverably lost or gone; but that, by some of 
the perils mentioned in the policy, it is lost for the particular voyage 
ensured, or that it is so much injured as to justify him in abandoning 
it to the assurer, and in calling upon him to pay the whole amount of 
his assurance, as if a total loss had actually happened. But a total 
loss is so intimately blended with the doctrine of abandonment, that 
we shall refer what may be said on the subject till we come to the 
head of Abandonment. Here, it will be sufficient to remark, that, in 
case of a total loss, literally so called, the prime cost of the property 
assured, or the value mentioned in the policy, must be paid by the 
underwriter, at least as far as his proportion of assurance extends. 
The assurer has nothing to do with the market: he has no concern in 
any profit or loss which may arise to the merchant from the sale of the 
goods. If they be totally lost, he must pay the value of the thing he 
assured at the outset ; he has no concern in any subsequent value. So, 
if part of the cargo, capable of a several and distinct valuation at the 
outset, be totally lost, as, if there be one hundred hogsheads of sugar, 
and ten happen to be lost, the assurer must pay the prime cost of 
those ten hogsheads, without any regard to the price for which the 
other ninety may be sold. 

The word average, in policies, has two significations; it means “ a 
contribution to a general loss:” and,it is also used to signify “ a par¬ 
ticular partial loss.” That which means “ a contribution to a general 
loss ” will be treated of in the next division. 

Partial loss (the subject of our present inquiry) implies a damage 
which the ship may have sustained, in the course of her voyage, from 
any of the perils mentioned in the policy ; or, when applied to the 
cargo, it means the damage which the goods may have received, with¬ 
out any fault of the master, by storm, capture, stranding, or shipwreck ; 
although the whole, or the greater part thereof, may arrive in port. 
These partial losses fall upon the owners of the property so damaged, 
who, if insured, must be indemnified by the underwriter; for, as it 
was expressed by Sir William Scott in one case, “ damage incurred by, 
or for, one particular part of the concern, be it ship or cargo, that part 
must bear alone.” 1 Rob. 293. In cases when the average arises fro^i re¬ 
pairs done to the ship, the expenses to be placed to the account of general 
contribution, must be strictly confined to the repairs absolutely neces¬ 
sary for enabling the ship to prosecute her voyage, and to the unload¬ 
ing, if that were necessary, in order to make such repairs. Plummer 
v. Wildman , 4 M. & S. 482. The underwriters of London expressly 
declare, as appears from a memorandum at the foot of the policy, that 
they will not answer for partial losses, not amounting to £3 per cent. 


851 


PARTIAL LOSSES AND ADJUSTMENT. 

This clause was intended to prevent the underwriters from being con¬ 
tinually harassed by trifling demands. But, at the same time that they 
provide against trifling claims for partial losses, they undertake to 
indemnify against losses, however inconsiderable, that arise from a 
general average. 

When we speak of the underwriters being liable to pay, whether for 
total, or partial, losses, it must always be understood, that they are 
liable only in proportion to the sums which they have underwritten. 
Thus if a man underwrites £100 upon property valued at £500, and a 
total loss happen, he shall be answerable for £100, and no more : 
that being the amount of his subscription ; if only a partial loss, 
amounting to £60 or £70 per cent, upon the whole value, he shall 
pay £60 or ,£70, being his proportion of the loss. 

As to the question of how the proportion of damage is to be ascer¬ 
tained, the great leading case is that of Lewis and another v. Rucker , 
2 Burr. 1167, from which we give copious extt*acts. 

A rule having been obtained by the plaintiffs, who were assured, for 
the defendant, (the assurer,) to show cause why a verdict, obtained by 
him, should not be set aside, and a new trial had : 

The Court, after hearing the matter duly debated, took time to 
advise, and their unanimous opinion was delivered, to the following 
effect, by 

Lord Mansfield.—“ This was an action brought upon a policy, by 
the plaintiffs, for Mr. James Bourdieu, upon the goods on board a 
ship, called the Yrow Martha, at and from St. Thomas’s Island to 
Hamburgh, from the loading at St. Thomas’s Island till the ship should 
arrive and land the goods at Hamburgh. The goods, which consisted 
of sugars, coffee, and indigo, were valued ; the clayed sugar at £30 
per hogshead; the Muscovado sugars at £20 per hogshead; and the 
coffee and indigo were likewise respectively valued. The sugars were 
warranted free from average, (that is, partial loss,) under £5 per cent., 
and all other goods free from average under £3 per cent., unless 
general, or the ship be stranded. 

In the course of the voyage, the sea-water got in; and when the 
ship arrived at Hamburgh, it appeared that every hogshead of sugar 
was damaged. The damage the sugars had sustained made it neces¬ 
sary to sell them immediately; and they were accordingly sold ; but 
the difference between the price which they brought, on account of 
the damage, and that which they might then have been sold for at 
Hamburgh, if they had been sound, was as £20. 0s. 8 d. per hogshead 
is to £23. 7s. 3d. per hogshead : that is, if sound, they would have 
been £23. 7s. 8 d. per hogshead: as damaged, they were only worth 
£20. Os. 8 d. per hogshead. 

The defendant paid money into court, by the following rule of esti¬ 
mating the damages : he paid the like proportion of the sum , at which 
the sugars were valued in the policy , as the price of the damaged 
sugars bore to sound sugars at Hamburgh , the port of delivery. And 
the only question was, by what measure or rule the damage, upon all 
the circumstances of the case, ought to be estimated ? 

The special jury found the defendant’s rule of estimation to be right, 
and gave their verdict for him. 

And it is now the duty of the court to say, whether the jury have 
estimated the damage by a proper measure. This is the rule by 
which it was estimated. 

“ The defendant takes the proportion of the difference between sound 
and damaged, at the port of delivery, and pays that proportion upon 

3 I 2 


852 


MARINE ASSURANCES. 


the value of the goods specified in the policy ; and has no regard to 
the price in money, which either the sound, or the damaged, goods, 
bore in the port of delivery. He says, the proportion of the difference 
is equally the rule, whether the goods come to a rising, or a falling 
market. For instance, suppose the value in the policy to be £30 ; the 
goods are damaged, but sell for <£40,—if they had been sound they 
would have sold for £50 ; the difference then between the sound, and 
damaged, is a fifth, consequently the assurer must pay a fifth of the 
prime cost, or value in the policy, that is £6,— e converso , if they come 
to a losing market, and sell for £10, being damaged, but would have 
sold for £20, if sound, the difference is one half: the assurer must pay 
half the prime cost, or of the value of the policy, that is £15. 

“ To this rule an objection has been made : that it is going by a 
different measure in case of a partial loss, from that which governs in 
case of a total : for, upon a total loss, the prime cost or value in the 
policy must be paid. The answer of such objection is, that the distinc¬ 
tion is founded on the nature of the thing. Assurance is a contract of 
indemnity, against the perils of the voyage, to the amount of the value 
in the policy ; arid, therefore, if the thing be totally lost, the assurer 
must pay the whole value which he assured at the outset. But where 
a part of the commodity is spoiled, no measure can be taken from the 
prime cost to ascertain the quantity of the damage sustained. The 
only way is, to fix whether the thing be a third, or a fourth, worse than 
the sound commodity ; and then you pay a third, or a fourth, of the 
prime cost, or value of the goods so damaged. 

“We are of opinion that, the rule by which the jury have gone is the 
right measure.” 

Wherever there is a specific description of casks or goods, the rule 
of estimating the average is as above stated ; but, in a subsequent 
case, the property, which consisted in various goods taken from an 
enemy, was valued at the sum assured, and part was lost by perils of 
the sea ; consequently the same rule could not be adopted, on account 
of the nature of the thing assured. The only mode was, to go into an 
account of the whole value of the goods, and to take a proportion of 
that sum to the amount of the goods lost.— Le Cras v. Hughes , Easter 
Term, 22 Geo. III. 

Since the 10th Geo. II. the constant usage has been to let the valua¬ 
tion fixed in the policy remain, in case of a total loss ; unless the 
defendant can show that the plaintiff had a colourable interest only, or 
that he has greatly overvalued the goods ; but a partial loss opens the 
policy, so that the value of the goods must be proved. 

Some goods are in their nature perishable ; and therefore the under¬ 
writers have, by express words inserted in their policy, declared, that 
they will not be answerable for any partial loss happening to com, 
Jish , salt , fiour, and seed, unless it arise by way of a general average, 
or unless the ship be stranded. Upon this clause it is necessary to 
observe, that corn is a general term, and includes many particulars ; 
peas and beans have been held to come within the meaning of the 
word.— Mason v. Skurray, Sittings after Hilary, 1780. 

But in a trial, at Guildhall, in the Common Pleas, Mr. Justice 
Wilson was of opinion, that the term salt did not include saltpetre. — 
Journu v. Bourdieu, Sitt. after Easter Term, 27 Geo. III. 

There cannot be a total loss of corn, fish, salt, fruit, flour, or seed, 
but by the absolute destruction of the thing assured ; for, while it speci¬ 
fically remains, though wholly unfit for use, and though the loss of it 


853 


PARTIAL LOSSES AND ADJUSTMENT. 

exceed the sum to be paid for the freight of it, this is not such a loss 
as is to be borne by the underwriters. JVilsonx. Smith, 3 Burr. 1550. 
—Mason v. Shurray. Sittings after Hilary Term, 1780.— Cocking v. 
Fraser , K. B. *25 Geo. III. 

The case of M i Andrews v. Vaughan, (Sittings at Guildhall, after 
Mich. 1793,) was an assurance on fruit from Lisbon to London. The 
ship was captured and recaptured, brought into Portsmouth, and 
afterwards arrived at London: but the cargo, by the capture, recap¬ 
ture, and consequent length of the voyage, had sustained a damage ot 
£80 per cent. The assured never heard of the capture till the ship 
was safe at Portsmouth, and then he offered to abandon. Lord 
Kenyon said, “ as there had been no stranding, there cannot be a 
recovery for a partial loss. Had the plaintiff heard of the capture 
only, he might have abandoned ; but he heard nothing of the accident 
till the ship was in safety. The cargo arrives at the port of destina¬ 
tion, and though it is good for very little, yet it has been invariably 
holden, that either the voyage must be lost, or the cargo (if it be one 
of those mentioned in the memorandum) must be wholly and actually 
destroyed to entitle the insured to recover.” The plaintiff was 
accordingly nonsuited. 

For, as to these articles, the underwriters are liable for partial losses 
in two cases only, viz. that of a general average, or if the ship be 
stranded.— Nesbitt v. Lushington , 4 T. R. 783. 

But, in the long disputed case of Burnett v. Kensington, (7 Term 
Rep. 210,) two questions on this subject came under consideration: 
the first was, What should be deemed to be a stranding ? and the 
second was, Whether the loss must actually arise from the stranding ? 
It was on a policy of assurance on fruit, on board the Commerce, at 
and from Malaga, to Plymouth and Portsmouth. On the 30th of 
November, 1794, the ship sailed from Malaga with a cargo of lemons 
and oranges; on the 29th of January, 1795, she arrived off Scilly; 
and, between seven and nine in the morning of that day, struck on a 
sunken rock ; she did not remain on the rock ; but, in consequence of 
her striking thereon, several of her planks were started, and the water 
immediately after flowed into the hold and over the cargo, and con¬ 
tinued to increase in the hold for about three hours and a half. About 
twelve o’clock on the same day, the ship was stranded, on the beach at 
Scilly, by the captain, under direction of a pilot, who had come on 
board her from the shore, in order to save the ship and cargo. The 
ship continued some time upon the beach, during which time the water 
again flowed in, and over part of the cargo, at the return of the tide. 
The ship afterwards proceeded on her voyage, and arrived at Plymouth 
on the 24th of February following. The cargo of fruit was very much 
damaged ; and a small part thereof left at Scilly, being entirely unfit 
for use. The ship received no damage in consequence of the strand¬ 
ing ; the damage she received was entirely from the rock on which she 
struck: part of the damage the cargo received was occasioned by the 
water flowing into the ship previous to her being laid on the beach, 
find part was occasioned by the water that flowed in subsequent to the 
time of her being laid on the beach : but the cause of the water flowing 
in arose entirely from the ship striking on the rock, and not from any 
mischief done to the ship by the stranding. These were the facts of 
the case, which, however, had been tried four times before they could 
be so agreed on. The jury at length detemiined, that although the 
ship was gotten off without any damage, yet it was a .stranding, and the 


554 MARINE ASSURANCES. 

court declared the law to be, that, as a stranding had happened bond 
fide , and without any fraudulent design, the condition had occurred 
which rendered Jhe underwriter liable for a partial loss, although the 
damage sustained was not occasioned by the stranding. 

In a later case at Guildhall, Lord Kenyon told the jury, that a 
ship’s running on some wooden piles, four feet under water, erected 
on Wisbeach river, to keep up the banks of the shore, and laying on 
such piles till they were cut away, was a stranding , within the policy. 
Dobson v. Bolton; sittings after Easter, 1799.—Where a ship was 
stranded , and the cargo, consisting of hogsheads of sugar, was all got 
ashore, each hogshead containing some, though but little, sugar, and 
nearly all damaged, it was holden that the jury were well warranted 
in finding this to have been an average loss only.—Hedburgh v. 
Pearson , 7 Taunt. 154. 

The damage sustained by a partial loss must be ascertained by the 
difference between the respective gross proceeds of the same goods 
when sound and when damaged, and not the net proceeds.— Johnson 
v. Sheddon , T. R. Trin. T. 42 Geo. III. ; Harry v. Exch. Ass. Co. 
3 Bos. & Pul. 308. 

When the quantity of damage sustained in the course of the voyage 
is known, and the amount, which each underwriter of the policy is 
liable to pay, is settled, it is usual for the underwriter to endorse on 
the policy, “ adjusted this loss at so much per cent .” or some words to 
the same effect.—This is called “ an adjustment .” 

After an adjustment is signed by the underwriter, if he refuse to 
pay, the owner has no occasion to go into a proof of his loss, or any 
of the circumstances respecting it, unless fraud were used in obtaining 
the adjustment: or unless there had been some misconception of the 
law or fact upon which it was made.— Rogers v. Maylor t Sitt. after 
Trin. 1790, and Dc Garron v. Galbraith , Mich. T. 36 Geo. III. 

If any assurer pay money for a total loss, and in fact it be so at the 
time of adjustment; if it afterwards turn out to be only a partial loss, 
he shall not recover back the money so paid to the assured; for, sub¬ 
stantial justice is done by putting him in the place of the assured, and 
giving him all the advantages that arise from the salvage.— Da Costa 
v. Frith , 4 Burr. 1766.—But where a ship was insured warranted free 
of capture in port, a letter announcing her capture, stated it to be in 
port, on which the underwriter and insured adjusted. It afterwards 
appeared the capture was not in port. Held that the assured was not 
precluded by the adjustment aud repayment from recovering on the 
policy.— Reyner v. Hall , 4 Taunt. 725. 


7. GENERAL AVERAGE. 

Whatever the master of a ship does in distress for the preservation 
of the whole, in cutting away masts or cables, or in throwing goods 
overboard to lighten his vessel, which is what is meant by jettison or 
jetson, is permitted to be brought into a general average : in which all 
who are concerned in ship, freight, and cargo, are to bear an equal or 
proportionable part of the loss of what was so sacrificed for the com¬ 
mon welfare; and it must be made good by the assurers in such 
proportions as they have underwritten.—1 Magens, 55. See a?ite t 
commencement of the preceding division. 

In order to make the act of throwing the goods overboard legal, the 


GENERAL AVERAGE. 855 

ship must be in distress, and the sacrificing a part must be necessary 
to preserve the rest. 

If a ship ride out the storm, and arrive in safety at the port of destina¬ 
tion, the captain must make regular protests, and must swear, in which 
some of the crew must join, that the goods were cast overboard for 
no other cause but for the safety of the ship and the rest of the cargo, 
—Beawes, 148. Molloy, 1,2. c. 6, s. 2. 

There can be no contribution (which is another word used frequently 
for this species of average) without the ejection of some goods, and the 
saving of others: but it is not always necessary for the purpose of 
contribution, that the ship should arrive at the port of destination. 

If the jettison does not save the ship, but she perish in the storm, 
there shall be no contribution of such goods as may happen to be saved ; 
because the object for which the goods were thrown overboard was 
not attained. But if the ship, being once preserved by such means, 
and continuing her course, should afterwards be lost, the property 
saved from the second accident shall contribute to the loss sustained 
by those whose goods were cast out upon the former occasion.— 
2 Magens, 98. 240. 

It is hardly necessary to state, with minuteness, the various acci¬ 
dents and charges that will entitle the party suffering to call upon the 
rest for a contribution ; because we may refer them all to this principle, 
that all losses sustained, and expenses incurred, voluntarily and deli¬ 
berately, with a view to prevent a total loss of the ship and cargo, ought 
to be equally borne by the ship and her remaining lading.—Magens, 
86. 183. 

It is not only the value of the goods thrown overboard that must be 
considered in a general average, but also the value of such as receive 
any damage by wet, &e., from the jettison of the rest.—Beawes, 148. 
Molloy, 1, 2. c. 6, s. 8. 

If a ship be taken by force, carried into some port, and the crew 
remain on board to take care of and reclaim her, not only the charges 
of reclaiming shall be brought into a general average, but the wages 
and expense of the ship’s company during her arrest, from the time of 
her capture, and being disturbed in her voyage.—Beawes, 150. fo. 

But sailors’ wages and victuals, when they are under the necessity 
of performing quarantine, (in which case the master would have been 
obliged to maintain and pay them, though his vessel had arrived 
only in ballast,) do not come into general average, yet charges, occur¬ 
ring by an extraordinary quarantine, shall be brought into a general 
average. 

So, likewise, where a ship is obliged to go into port for the benefit 
of the whole concern, the charges of loading and unloading the cargo, 
and taking care of it, and the wages and provisions of the workmen 
hired for the repairs , become general average .—Da Costa v. Newnham , 

2 T. R. 407. 

By the ancient laws of Rhodes, Oleron, and Wisbuy, the ship and 
all the remaining goods shall contribute to the loss sustained. The 
most valuable goods, though their weight should have been incapable 
of putting the ship in the least hazard, as diamonds or precious stones, 
must be valued at their just price in this contribution, because they 
could not have been saved to the owners but by the ejection of the 
other goods. Neither the persons of those in the ship, nor the ship 
provisions, nor the respondentia bonds, suffer any estimation ; nor 
does wearing apparel in chests and boxes, nor do such jewels as belong 


856 MARINE ASSURANCES. 

to the person merely; but if the jewels are a part of the cargo, they 
must contribute. 

Those who carry jewels by sea ought to communicate that circum¬ 
stance to the master; because the care of them will be increased in 
proportion to their worth, to prevent them being thrown overboard 
pxomiscuously with other things ; and hence their preservation will be 
a common benefit.—1 Magens, 63. 

The wages of sailors are not to contribute to the general loss; a 
provision intended to make this description of men more easily consent 
to a jettison, as they do not then risk them at all, being still assured 
that their wages will be paid.—1 Magens, 71. 

The way of fixing a right sum, by which the average ought to be 
computed, can only be by examining what the whole ship, freight, and 
cargo, if no jettison had been made, would have produced net, if they 
all had belonged to one person, and been sold for ready money. And 
this is the sum whereon the contribution should be made, all the 
particular goods bearing the net proportion.—1 Magens, 69. 

Gold, silver, and jewels, contribute to general average, according to 
their full value, and in the same manner as any other species of merchan¬ 
dise.—1 Magens, 62 ; and Peters v. Milligan , Sittings at Guildhall, 
after Michaelmas, 1787. 

The contribution is in general not made till the ship arrive at the 
place of delivery; but accidents may happen, which may cause a con¬ 
tribution before she reach her destined port. Thus, when a vessel has 
been obliged to make a jettison, or by the damages suffered, soon after 
sailing, is obliged to return to her port of discharge, the necessary 
charges of her repairs, and replacing the goods thrown overboard, may 
then be settled by a general average.—1 Magens, 60. 

From the result of the adjoined action, this conclusion is deducible. 

If A. let his ship to B., and engages to keep it in repair during the 
whole time of the voyage ; for which A. is to receive freight at the 
return of the ship ; and if, for safety, it be necessary to refit at some 
pbrt, the expense of refitting must be borne by A. ; nor is B. liable, 
if he have an interest in the cargo, to contribute his proportion as in 
a general average. 

The plaintiff Jackson, owner of the Britannia, let her to hire, in 
1796, to the defendant, for a voyage from London to India and back 
again. The ship arrived safely at Bengal. On her return, a partial 
jettison being necessary for the general safety, it was performed by 
throwing overboard some spare materials and part of the cargo. Thus 
lightened, she arrived at Table Bay, at the Cape of Good Hope, 
16 Feb. 1797. In pursuance of the opinion expressed by the agents 
for all parties, the ship was surveyed and repaired. The amount 
of the repairs, and other incidental charges thence accruing, was 
.£4395. 4s. Qd. Qu. Is the defendant liable to such general average 
as arises from the goods thrown overboard, or also, to general average 
on the repairs, &c., at the Cape of Good Hope ? 

The defendant not to bear any part of the expense incurred at the 
Cape.— Jackson and another , v. Charnock, 6 E. R. 509. 

It is necessary here to add, that, as all sums which are paid on 
account of general average may be recovered by action from the under¬ 
writers, so any person, whose goods have been thrown overboard, or 
who had expended money, for the general preservation of ship and 
cargo, may obtain repayment by application to a court of equity 


GENERAL AVERAGE. 85$ 

for a general contribution. (See the case of Dobson v. Wilsoiu 
3 Campb. 480.) 

An action will not lie in this country to recover back money paid 
upon an average loss adjusted at St. Petersburg, according to the 
laws of Russia, (the consignor and consignee of the goods, and the 
owner of the vessel being British subjects,) although by the law of 
England an average loss would not be payable under the circum¬ 
stances.— Simonds v. White , 4 Dowl. & Ryland, 375. 


The following Examples of adjusted Averages are here subjoined. 


The Seahorse, Captain Dix, laden with hemp, flax, and iron, bound 
from Riga to London, ran on shore, coming through the Grounds at 
Elsinure ; the captain hired a great number of men and several lighters 
to lighten the ship and get her afloat again ; which was soon done, 
but he was obliged to pay <£120 for their assistance. This expense 
being incurred to preserve both ship and cargo, the average must 
consequently be general. When the ship arrived at London, the 
captain immediately made a protest and an average-bill: he then went 
to the merchant, to whom his goods were addressed, to have it signed, 
and to know the value of each man’s property. 


Average accruing to the ship Seahorse, from Riga to London , in 1782, 
for assistance in getting off the strand of Elsinure. 


assistance in getting the ship off. 
Protests and postages. 


£700 freight. 

Wages for all the people, 3 months and 

10 days.£139 10 

Victuals for ditto. 110 10 


Ship Seahorse valued at. 

Freight valued at. 

F. J. for value of hemp, as per invoice 

D. N. for value of flax. 

T. R. for value of iron.. .. . 


£ 

s. 

d. 

[ X 120 

J 

0 

0 

2 

0 

0 

£122 

0 

0 

j- £700 

0 

0 

j- 250 

0 

0 

. .. 450 

0 

0 

.. 4000 

0 

0 

.. 450 

0 

0 

.. 6000 

0 

0 

.. 1000 

0 

0 


0 

0 

£11,800 

0 

0 


If £11,800 loss give £122, what will £100 loss give ? 

Answer —£1. 0s. 8 d. per cent. 



















858 


MARINE ASSURANCES. 


The ship must bear £4000 at £l. Os. 8 d. (which the") ? g 

assurers return).. j 

Freight £450 at £l. Os. Sd. per cent . 4 13 0 

F. J. pays the captain for ,£6000 at the same rate .... 62 0 6 

D. N. pays the same for £1000. 10 7 0 

T. R. pays the same for £350. 3 12 4 

£122 0 0 


The Mary, Capt. T., partly laden with goods, sailed in May, 1782, 
from London, bound to St. Petersburg. She sailed the 3d of that 
month, and, after an agreeable passage, arrived at Elsinure on the 
10th, whence she sailed the same day, with a fair wind, for St. Peters¬ 
burg : the next day a heavy gale of wind arose, contrary, insomuch 
that it obliged the captain to bear away for Elsinure again ; but, 
night coming on, and the gale increasing, it being so dark that it was 
unsafe to continue running in such a dangerous place, thickly beset 
with many sands, and having a strong current, the captain judged it 
best to bring the ship to an anchor, which he accordingly did in 
15 fathoms’ water. Before the ship had been at anchor half an hour 
she began to drive ; and, as she still kept driving, with both anchors 
ahead, and the wind blowing stronger and stronger, they found it 
impossible to purchase their anchors: then the captain and ship’s 
company judged it safest to cut the cable in order to save their 
own lives and the ship and cargo, and take their chance in running 
for the roads ; luckily they got safe in, and the weather abating, they 
brought up with a small anchor. 

The Mary then wanted cables and anchors before she could proceed 
to St. Petersburg ; the master, therefore, went directly on shore, boughv 
them, and paid the following sums : 



£ 

s. 

d. 

Protest. 

. 0 

10 

0 

Two new cables and buoy ropes.. 

....£89 10 O') 

.... 29 16 8J 

13 

A 

One-third always deducted for new .... 

4 

Two anchors and two buoys. 

. 37 

15 

0 

Charges in getting them on board, &c.. . 


1 

8 


£100 

0 

0 


As the cables were cut away for preservation of ship and cargo, it 
must be a general average, and both must contribute to pay the 
damages sustained. The captain made the following average bill, on 
his arrival at Petersburg, in order to recover the damages. 

Average accrued to the Mary, for the loss of her anchors and cables , in 
prosecuting her voyage from London to St. Petersburg , 1782. 


£ s. d. 

Ship Mary, valued at. 800 0 0 

Freight (after wages and victuals deducted) valued at... 50 0 0 

O. P.’s value of goods. 700 o 0 

V. R.’s value of goods. 225 0 0 

T. T.’s value of goods. 25 0 0 


£1800 0 0 





















GENERAL AVERAGE. 


859 


If <£1800 loss gives £100, what will £100 loss give ? 

Answer. —£5. 11s. Id. per cent. 


The ship must bear £800 at £5. 11s. Id. per cent .£44 8 8 

The freight must bear £50 at the same. 2 15 b 

O. P. must pay the captain at St. Petersburg 


for £700 at the same.£38 17 9 

V. R. must pay for £225 at the same. 12 10 0 

T. T. must pay for £25 at the same time.... 1 711 

-- 52 15 8 


£100 0 0 


Having received £52 15s. 8d. of the owners of the goods, at Peters¬ 
burg, the captain sends his protest and average-bill to his owner 
to receive of the underwriters their shares of the loss upon the ship 
and freight. 


Captain T. of the Sea Adventure, bound from London to Virginia, 
in ballast, was riding at anchor in the Downs, with a large fleet of 
ships in a gale of wind. She had not been at anchor long before she 
began to drive, and the captain, perceiving her to be in great danger 
of being on shore, or else foul of the other vessels, judged it safest to 
cut his cables, as he must have been driven on shore if he had not. 
After the gale was over, he went to Dover, bought new anchors and 
cables, and drew upon his owner for the amount of them as follows : 


£ s. d. 

Two anchors and buoys. 34 18 0 

Rope-maker's-bill for new cables, &c. 54 2 0 

Protest. 0 10 0 

Charges of getting them on board. 2 15 0 


£92 5 0 


The captain then sent the charges of reinstating the cables and 
anchors cut away, and of the protest, to his owner, that he might 
recover of the assurers the damage sustained. 

State of the Sea Adventure's Average . 

Two anchors and buoys. 

Rope-maker’s bill. £54 2 O') 

One-third always deducted for new. 18 0 8 y 

Protest . 

Charges in getting the anchors, &c. 

£74 4 0 


Ship valued at £2000. 

If £2000 loss give £74. 4s. 4 d. what will £100 loss give? 

Answer. —£3. 14s. 2 \d. per cent . 

Observe, if a ship had been riding in a gale of wind, and the cables 
had parted, that loss would have fallen upon the owners j for, the 
underwriters are not liable to pay for wear and tear. 


£. s. d. 
34 18 0 

36 1 0 

0 10 0 
2 15 0 






















MARINE ASSURANCES. 


860 

This may serve as a similar case for all ships in ballast that have 
cut away their masts, cables, &c. for preservation. 


A loaded ship met with such exceeding* bad weather, that the 
master and mariners found it impossible to save her without throwing 
part of her cargo overboard, which they are authorized to do for 
preservation. Being thus necessitated, they threw such goods over¬ 
board as lay nearest at hand, and lightened the ship of ten casks of 
hardware and thirty hogsheads of sugar, which they judged sufficient 
to keep her from sinking. Soon after that, the ship arrived at her 
destined place, and then an average-bill was immediately made, in 
order to adjust the loss, and to pay the proprietor of those goods 
which were thrown over for the good of the whole. 


Average accrued to the ship - for goods thrown overboard , for 


preservation of the ship , freight ,• and cargo. 

£ s. d. 

Ship valued at. 2000 0 0 

Freight (wages and victuals deducted). 200 0 0 

J. R.’s value of goods . 6000 0 0 

J. P.’s value of goods .<. 300 0 0 

R. F.’s value of goods > ... 1500 0 0 

A. W. for 30 hogsheads of sugar .... ,. 800 0 0 

L. L. for 10 casks of hardware. 1200 0 0 


<£ 12,000 0 0 


If £12,000 loss give £2000, what will £100 loss give ? 

Answer. —£16. 13s. 4 d. percent. 


£. s. d. 

Mr. A. W.’s goods, thrown overboard, were valued at.. 800 0 0 

Mr. L. L.’s goods, ditto .. ... 1200 0 0 

£2000 0 0 


£. s. d. 

The ship must pay to A. W. and L. L. for £2000 aQ „„„ 


£16. 13s. 4 d. per cent . j 000 u ° 

The freight £200, at £16. 13s. 4 d. per cent . 33 6 8 

J. R. for £6000, at the same. 1000 0 0 

J. P. for £300, at the same. 50 0 0 

R. F. for £1500, at the same. 250 0 0 


£1666 13 4 


A. W. and L. L. receive, of the owners of the goods saved, and of 
the ship’s owners or captain, £1666. 13s. Ad. for the value of their 
goods thrown overboard ; which they divide thus: 
























GENERAL AVERAGE. 861 

If £2000 receive £1666. 1 3s. 4 d. what will £800 ? 

Answer .£666 13 4 

Assurers pay for £800, at £16. 13s. Ad. per cent .. 133 6 8 


£800 0 0 


A. W. receives of the underwriters <£16. 135. 4c?. percent, for the sum 
that he assured, and of the owners of what was saved £666. 13s. Ad., 
which is equal to the loss he sustained by his property being thrown 
overboard. £. a. 

L. L. receives of the owners of the ship and goods preserved.. 1000 0 0 

And of the assurers,for the£1200, which he had assured at £16. 13*. 4d.\ onn n n 
per cent ./ zuu u u 

Value of L. L.’s property.£1200 0 0 

It is usual for the owners of goods preserved, and also for the owner 
of the ship, to pay their average to the sufferers on receipt of their goods 
and on delivery of the ship ; their redress being upon the assurers, who 
must return the same. 


The Mary, Captain Thompson, at Leghorn, bound to London, sailed 
with a fair wind, which continued for some days, when she was boarded 
by pirates, who forcibly took away six large guns, two cables, two an¬ 
chors, much cabin furniture, and one compass, leaving the ship without 
other damage. A violent storm afterwards arose, which disabled the 
ship so much, that the men, who laboured hard at the pumps, could 
scarcely keep her from sinking. This continued so long, that the men, 
wearied out, gave themselves up for lost, and discontinued their labour. 
The captain supplied them with wine, and, to animate them, promised 
a gratuity of twenty guineas to each man if they brought the ship safe 
into port. This gave the men such spirits, that, though they lost all 
their masts, they brought the ship safe to London under jury-masts, &c. 

Here was a general and a particular average. But, although the 
gratuity given to the seamen was to preserve both ship and cargo, and 
was admitted into a general average, it was done so only as a matter of 
favour, and not of right. What the pirates stole, and other damages 
done to the ship, must make a particular average. 


The sloop Christian-and-Betsey, Captain Watson, on her passage from 
St. Ubes to Bristol, met with a very heavy gale of wind, the sea break¬ 
ing over her, and the vessel making much water ; the captain determined 
on cutting away the jib, as he could not take it in ; but, before that 
could be done, a sea struck the vessel, and broke the bowsprit. The 
wreck of the bowsprit, jib, &c. broke the lashing of the larboard anchor, 
and carried it and the cable overboard. In order to preserve ship and 
cargo, he cut the whole of this wreck away. During the said gale of 
wind, the masts having lost great part of their support in the loss of the 
bowsprit, he prevailed on one of his men, for a gratuity of five guineas, 
to go aloft, and cut away the topsail, top-gallant-sail, yards, mast, and 
rigging; and, at last the vessel reached her port of delivery. 

Had the jib been cut away , it would have been general average ; 
and it was only under the particular circumstances of being carried away, 
while that was in contemplation, it was allowed as a particular average 
on the ship, as was likewise the bowsprit. The entangling with the 
anchor and cable, though a consequence of the above, yet being cut 
away , came into general average, as did the topmast, &c. The gra- 













862 MARINE ASSURANCES. 

tuity to the seamen was not allowed, on the principle that a seaman is 
bound, by his duty and wages, to do all in his power for the good of the 
ship, and he can therefore earn no more. 

General Average. £. s. d. 

Blocks for topmast-rigging. 2 12 3 

Running-rigging. 10 7 2 

Topsail-yard. 1 12 0 

Topsail. 8 5 3 

Top-gallant-sail. 5 16 0 

Cable. 23 2 6 


51 15 2 

One-third off. 17 5 0 


34 10 2 

Surveyors £3. 3s. protest £2 . 5 3 0 

Anchor. 9 5 0 

Anchor-stock. 0 10 0 

Postage...^ 0 1 10 

£49 10 0 


N. B. No deduction is made from the value of an anchor. 

Ship ...£500 

Cargo. 352 

Net freight. 100 


£952, at £5. 4s. per cent, is £49. 10*. 

Particular average on the Ship £. s. d. 

Block-maker’s bill. 1 2 9 

Rope-maker’s account for stays, &c. 6 3 6 

Bowsprit, &c. 6 13 0 

Jib. 10 19 6 

Carpenter’s and smith’s bill. 5 15 7 

Postage. 0 0 7 


30 14 11 

One-third. 10 4 11 


20 10 0 


Ship £500, at £4. 2s. per cent, is ... .£20 10 0 


N. B. The above average comes above £3. per cent.; had it been below, the under¬ 
writers would not have been liable to pay it. 

The rule for calculating these contributions is as follows:—As the 
whole stock is to the whole loss, so is each man’s particular stock to the 
particular share of the loss. 

Example. — The Average for the Seahorse. 

If £11800 : £122 : : £100 

100 


11800) 12200 (1 
11800 


400 

20 


11800) 8000 (0 

12 


11800) 96000 (8 
94400 

1600 


Answer £1. 0*. 8 d. per cent. 





































SALVAGE. 863 

N. B. The above average comes above <£3 per cent.; had it been 
below, the underwriters would not have been liable to pay it. 

8. SALVAGE. 

Salvage is an allowance made for saving a ship, or goods, or both, 
from the dangers of the seas, fire, pirates, or enemies. What that 
allowance, is, may be collected from a review of the following acts of 
parliament. 

It appears, from the act of 12 Anne, stat. 2, c. 18.* that, if a ship 
was in danger of being stranded, or run ashore, the sheriffs, justices, 
mayors, constables, or officers of the customs, nearest the place of 
danger, should, upon application made to them, summon and call 
together as many men as should be thought necessary to the assist¬ 
ance, and for the preservation of such ship in distress and her cargo; 
and that, if any ship,, man of war, or merchantman, should be riding 
at anchor near the place of danger, the constables and officers of the 
customs might demand, of the superior officer of such ship, the 
assistance of his boats, and such hands as could be spared; and that, 
if the superior officer should refuse to grant such assistance, he should 
forfeit iTOO. 

It then proceeds: “ And, for the encouragement of such persons 
as shall give their assistance to such ships or vessels so in distress as 
aforesaid, be it enacted, that the said collectors of the customs and 
the master and commanding officer of any ship or vessel, and all 
others who shall act or be employed in the preserving of any such 
ship or vessel in distress, or their cargoes, shall, within thirty days 
after the service is performed, be paid reasonable reward for the same, 
by the commander, master, or other superior officer, mariners, or 
owners, of the ship or vessel so in distress, as aforesaid, by any mer¬ 
chant whose vessel or goods shall be so saved ; and, in default thereof, 
the said ship or vessel, so saved, shall remain in the custody of the 
officers of the customs, until all charges are paid, and until the officers 
of the customs, and the master or other officers of the ship or vessel, 
and all others employed in the preservation of the ship, shall be rea¬ 
sonably gratified for their assistance and trouble, or good security 
given for that purpose, to the satisfaction of the parties that are to 
receive the same : and, if any disagreement shall take place between 
the persons, whose ships or goods have been saved, and the officer of 
the customs, touching the monies deserved by any of the persons so 
employed, it shall be lawful for the commander of the ship or vessel 
so saved, or the owner of the goods, or the merchant interested therein, 
and also for the officer of the customs, or his deputy, to nominate 
three of the neighbouring justices of the peace, who shall thereupon 
adjust the quantum of the monies or gratuities to be paid to the several 
persons acting or being employed in the salvage of the said ship, 
vessel, or goods; and such adjustment shall be binding upon all 
parties, and shall be recoverable in an action at law ; and, in case it 
shall so happen, that no person shall appear to make his claim to all or 
any of the goods that may be saved, that then the chief officer of the 
customs, of the nearest port to the place where the said ship or vessel 
was so in distress, shall apply to three of the nearest justices of the 


* By the 6 Geo. IV. c. 105, so much of this act, and of the following act of 
26 Geo. II. c. 19, as relates to the revenue of customs, is repealed. 



864 


MARINE ASSURANCES. 


peace, who shall put him or some other responsible person in pos¬ 
session of the said goods, such justices taking an account in writing 
of the said goods, to be signed by the said officer of the customs : 
and, if the said goods shall not be legally claimed, within the space 
of twelve months next ensuing, by the rightful owner thereof, then 
public sale shall be made thereof; and, if perishable goods, forth¬ 
with to be sold, and, after all charges deducted, the residue of the 
monies arising from such sale, with a fair and just account of the 
whole, shall be transmitted to her Majesty’s exchequer, there to 
remain for the benefit of the rightful owner, when appearing; who, 
upon affidavit, or other proof made of his or their right or property 
thereto, to the satisfaction of one of the barons of the coif of the 
exchequer, shall, upon his order, receive the same out of the ex¬ 
chequer.” 

In case of wreck , therefore, the rate of salvage is not fixed, but 
must be reasonable; and this to be ascertained by three justices of the 
peace. 

By the 26 Geo. II. c. 19. § 5, it is further enacted, “ that, in case 
any person or persons, not employed by the master, mariners, or 
owners, or other person or persons lawfully authorized, in the salvage 
of any ship or vessel, or the cargo or provision thereof, shall, in the 
absence of the persons so employed and authorized, save any such 
ship, vessel, goods, or effects, and cause the same to be carried, for 
the benefit of the owners or proprietors, into port, or to any near 
adjoining custom-house, or other place of safe custody, immediately 
giving notice thereof to some justice of the peace, magistrate, or 
custom-house or excise officer; or shall discover to such magistrate 
or officer, where any such goods or effects are wrongfully bought, 
sold, or concealed; then such person or persons shall be entitled to a 
reasonable reward for such services , to be paid by the masters or 
owners of such vessels or goods, and to be adjusted, in case of dis¬ 
agreement about the quantum , in like manner as the salvage is to be 
adjusted and paid, by virtue of a statute made in the 12th of Queen 
Anne.”* 

§ 6. “ And be it further enacted, that, for the better ascertaining 
the salvage to be paid in pursuance of the present act , and the act 
before ?nentioned, and for the more effectually putting the said act in 
execution, the justice of the peace, mayor, bailiff, collector of the 
customs, or chief constable, who shall be nearest to the place where 
any ship, goods, or effects, shall be stranded or cast away, shall 
forthwith give public notice for a meeting to be held as soon as pos¬ 
sible of the sheriff or his deputy, the justices of the peace, mayors, 
or other chief magistrates of towns corporate, coroners, or commis¬ 
sioners of the land-tax, or any five or more of them, who are hereby 
empowered and required to give aid in the execution of this and the 
said former act, and to employ proper persons for the saving of ships 
in distress, and such ships, vessels, and effects, as shall be stranded 
or cast away ; and also to examine persons upon oath, touching or 
concerning the same, or the salvage thereof, and to adjust the quan¬ 
tum of such salvage, and distribute the same among the persons con¬ 
cerned in such salvage, in case of disagreement among the parties or 
said persons ; and that every such magistrate, &c. attending and acting 


* The act before mentioned, which has been amended, and certain deficiencies 
therein supplied by 1 & 2 Geo. IV. c. 75, after cited ; see p. 867. 




SALVAGE. 865 

at such meeting shall be paid four shillings a day for his expenses 
in such attendance out of the goods and effects saved by their care or 
direction.” 

§ 7. Provided always, that, if the charges and rewards for 
sah age directed to be paid by the former statute, and by this act, 
shall not be fully paid, or sufficient security given for the same, within 
forty days next after the said services performed, then it shall be 
lawful for the officer of the customs, concerned in such salvage, to 
borrow or raise so much money as shall be sufficient to satisfy and 
pay such charges and rewards, or any part thereof, then remaining 
unpaid, or not secured as aforesaid, by or upon one or more bill or 
bills of sale under his hand and seal, of the ship or vessel, or cargo, 
saved, or such part thereof as shall be sufficient, redeemable upon pay¬ 
ment of the principal sum borrowed, and interest upon the same, at 
the rate of £4 per cent, per annum. 

By § 9. The commissioners of the land-tax, the deputy sheriff, the 
coroner, and the officers of excise, in each county, are declared to be 
proper officers for putting the acts into execution, together with those 
persons respectively named in the act of Queen Anne. 

By § 10. In the cinque ports the execution of these acts is in¬ 
trusted to the lord-warden of the cinque ports, the lieutenant of 
Dover-castle, &c, &c. 

§ 11 and 12. Persons convicted of assaulting any magistrate or 
officer, when in the exercise of his duty respecting the preservation 
of any ship, vessel, goods, or effects, shall be transported for seven 
years. 

§ 15. The officer of the customs who shall act in preserving any 
ship or vessel in distress, or the cargo thereof, shall cause all persons 
belonging to the said ship, or vessel, and others who can give any 
account thereof, or of the cargo thereof, to be examined upon oath, 
before some justice of the peace, as to the name or description of the 
said ship or vessel, and the names of the master, commander, or 
chief officer, and owners thereof, and of the owners of the said 
cargo, and of the ports or places from or to which the said ship or 
vessel was bound, and the occasion of the said ship’s distress; which 
examination the justices are to take down in writing, and they shall 
deliver a true copy thereof, together with a copy of the account of 
the goods, to the officer of the customs, who shall transmit the same 
to the secretary of the admiralty for the time being, that he may 
publish the same, or so much thereof, in the London Gazette, as 
shall be necessary for the information of persons interested therein. 
This act is not to extend to Scotland. These are the regulations for 
salvage in case of wreck. 

The salvage payable upon recapture has, from time to time, been 
anxiously regulated by acts of parliament. By 45 Geo. III. c. 72. § 7. 
it is enacted, that, “ if any ship, vessel, or boat, taken as prize, or 
any goods therein, shall appear and be proved in the court of ad¬ 
miralty to have belonged to ajiy of his Majesty’s subjects of Great 
Britain or Ireland, or any of the dominions and territories continuing 
under his Majesty’s protection and obedience, which were before taken 
by any of his Majesty’s enemies, and, at any time afterwards , retaken 
by any of his Majesty’s ships of war, or any private man of war, or 
other ship, vessel, or boat, under his Majesty’s protection or obedience, 
that then such ships, vessels, boats, and goods, and every such part 
and parts thereof as aforesaid, belonging to such his Majesty’s subjects, 

3 K 


866 


MARINE ASSURANCES. 


shall be adjudged to be restored, and shall be, by decree of the said court 
of admiralty, accordingly restored to such former owner orproprietor or 
proprietors, he or they paying, for and in lieu of salvage, if retaken by 
any of his Majesty’s ships of war, an eighth part of the true value 
of the ships , vessels, boats, and goods, respectively so to be restored; 
which salvage shall be answered and paid to the captains, officers, 
and seamen, in the said men of war, to be divided as before in this 
act is directed ; and, if retaken by any privateer, or other ship, vessel, 
or boat, one-sixth part of the true value of the said ships, vessels, 
boats, and goods ; all which payments, to be made to any privateer, 
or other ship, vessel, or boat, shall be without any deductions. 
And, in case of recapture, by the joint operations of any of his 
Majesty’s ships, and any private ship of war, then the judge of the 
court of admiralty shall order such salvage to be paid to the recaptors 
as he shall deem fit and reasonable, which salvage shall be paid to 
the agents of the recaptors, in such proportions as the said court shall 
adjudge. But if such ship, so retaken, shall appear to have been, 
after the taking by the enemy, by them set forth as a vessel of war, 
the same shall not be restored to the former owners, but shall be 
adjudged lawful prize for the benefit of the captors.” 

The wearing apparel of the master and seamen is always excepted 
from the allowance of salvage.— Lex Mercatoria, 147. fo. 

The valuation of a ship, in order to ascertain the rate of salvage, 
may be determined by the policy of assurance, if there is no reason 
to suspect she is undervalued ; and the same rule may be observed 
as to goods, where there are policies upon them : if that, however, 
should not be the case, the salvors may insist upon proof of the real 
value, which may be done by the merchant’s invoices, and they must 
be paid for accordingly.— Lex Mercatoria, 147. fo. 

The assured may recover from the assurer the expenses of salvage; 
yet he cannot receive a double satisfaction for the same loss. Thus, 
if the assurer should have paid to the assured the expenses arising 
from salvage, and afterwards, on account of some particular cir¬ 
cumstance, the loss should be repaired by some unexpected means, 
the assurer shall stand in the place of the assured, and receive the 
sum thus paid, to atone for the loss.— Randall v. Cochran , 1 Vez. 
198. 

Cases frequently arise, in which the salvage is so high, the other 
expenses so great, and the object of the voyage so far defeated, that 
the assured is allowed to abandon his interest in the property saved 
to the assurer, and to call upon him to contribute, as if a total loss 
had actually happened. This will be treated of under the succeeding 
head or division. 


The following Order in Council, relative to Compensation for 
Salvage, was issued in 1813. 

“ Whereas it has been represented to his Royal Highness the 
Prince Regent, that, on the recapture of ships and goods belonging 
to his Majesty’s subjects, whereof the owners and proprietors are 
entitled to the restitution on salvage as by the law established, losses 
have been occasioned by the sale of ships and cargoes, on the un- 
livery thereof by authority of the courts of vice-admiralty, for the 
purpose of settling the salvage due thereon, in cases wherein the 


SALVAGE. 867 

owners and proprietors, or their agents specially authorized, are nof 
present to claim: 

“ His Royal Highness the Prince Regent, in the name, and on the 
behalf of his Majesty, is pleased, by and with the advice of his 
Majesty’s privy council, to order, and it is hereby ordered, that, in 
the cases aforesaid, on a claim being given for the ship by the master, 
or in his absence by the mate ; and for the cargo, by the supercargo 
or master, or by the mate in the absence of the master, the court 
shall direct a valuation of the ship and cargo to be made by appraise¬ 
ment without sale or unlivery, as far as the same shall be practicable ; 
and on such valuation, to be approved and confirmed by the court, 
shall direct the ship and cargo to be restored to the person or persons 
aforesaid claiming the same, on payment of the proportion decreed 
to be paid to the captors, in lieu of salvage, and of such costs and 
expenses as shall be directed by the court; and in default of such 
payment, the court shall order and direct so much of the cargo to 
be sold as shall be sufficient for the payment of the salvage and ex¬ 
penses due thereon: and further, so much of the said cargo as shall 
be sufficient to pay the salvage and expenses due on the ship, if the 
person or persons to whom the cargo shall be restored, by decree of 
the court, shall consent thereto. 

“ And it is farther ordered, that, in no case shall the court proceed 
to order the ship or goods to be sold or unlivered, save as aforesaid, 
unless such sale or unlivery shall, owing to special circumstances, 
become necessary; in which case the reasons on which the judge shall 
proceed to make such order, shall be noted summarily in the minutes 
of court: and the right honourable the lords commissioners of the 
admiralty, the judge of the high court of admiralty, and the judges of 
the courts of vice-admiralty, are to take the necessary measures herein 
as to them may respectively appertain. 

(Signed) “ James Duller.” 

The 48.h and 49th of Geo. III. being only passed for seven years, 
were enlarged and continued for seven years longer by 53 Geo. III. 
c. 87 ; and the latter act is further continued and enlarged by the 
1 & 2 Geo. IV. c. 75. and c. 76. 

By the 1 & 2 Geo. IV. c. 75, intituled “An act to continue and amend 
certain acts for preventing frauds and depredations committed on mer¬ 
chants, ship-owners , and underwriters, by boatmen and others; and for 
remedying certain defects relative to the adjustment of salvage, in 
England, under an act made in the 12 th year of Queen Anne” it is 
enacted, that pilots, or other persons, who shall take up anchors, or 
materials, or goods which may have been parted with by any ship, 
shall send a report in writing of the articles so found to a deputy vice- 
admiral, or his agent, within forty-eight hours after his arrival; and 
shall also, within such period, deliver such articles into a warehouse, 
or such other place as the vice-admiral shall appoint; and every such 
pilot, or other person, who shall fraudulently keep possession of an¬ 
chors, or materials, and shall not report and deliver the same, shall 
forfeit all claim to salvage, and shall, on conviction, be adjudged 
guilty of receiving stolen goods. § 1. 

Every deputy vice-admiral or his agent, to whom any such report 
shall be sent, shall within two days forward the same to the secretary 
of the Trinity-house : provided that no report shall be forwarded until 
the articles deposited amount to ,£20. § 2. 

3 k 2 


868 


MARINE ASSURANCES. 


Any deputy vice-admiral may seize any articles not reported, and 
deposit the same, and within two days thereafter send a report in 
writing of the articles seized, to the Trinity-house ; and every deputy 
vice-admiral who shall not make such report within two days after 
seizure, shall, on conviction before any justice of the peace, upon the 
oath of one witness, or on confession, forfeit £ 20, with double the 
value of the goods, one half to the informer, and the other half to the 
poor of the parish ; and every deputy vice-admiral who shall make any 
seizure, without previous information, shall be entitled to one-third of 
the value. § 3. 

If the owner and deputy vice-admiral cannot agree on the value, 
such value shall be ascertained as hereinafter directed with regard to 
salvage, or be referred to the decision of the high court of admiralty. 
§ 4 - 

If any seizure be made in consequence of any information the 
deputy vice-admiral shall receive from the owner’s agents, one-sixth of 
the value, and one other sixth shall be paid to the person giving the 
information. § 5. 

Articles delivered into the warehouse, not claimed within a year 
and a day after report to the Trinity-house, shall be sold, in manner 
directed by the acts passed in 12 Anne ; and the deputy vice-admiral 
or agent seizing, and the person who shall have given information, 
shall be equally entitled to the salvage. § 6. 

If the salvors and owners cannot agree, the matter shall be deter¬ 
mined by three justices ; and if they cannot agree, then it shall be 
lawful for them to nominate any third person conversant in maritime 
affairs, who shall ascertain the amount of the salvage : and the justices, 
and such third person, shall have power to examine parties, or wit¬ 
nesses, upon oath. § 7. 

It shall be lawful for the said justices to decide, in like manner, on 
all claims made by persons for service of any description (except 
pilotage) rendered to any vessel in distress or not, and they shall have 
like power of examining the parties or witnesses upon oath, and the 
decision shall be final, except an appeal shall be interposed to the high 
court of admiralty, within thirty days after the award. § 8. 

Either party dissatisfied with such award, may, within ten days 
after, declare their desire of obtaining the judgment of the high court 
of admiralty ; but in such case the justices are to deliver to the 
owners, or their agents, any such articles, respecting which any claim 
for salvage shall be made, upon the owners or their agent giving good 
bail in the amount of the sum awarded for salvage or compensation 
§ 9 . 

The person named by the justices, who shall decide on the amount 
of salvage, or on the remuneration to be made to persons rendering 
assistance to ships or vessels, shall receive from the owners or their 
agent, <£2. 2s. § 10. 

If any person shall cut away or destroy, or shall commit any act 
with intent to cut away or destroy, or injure or conceal, any buoy, 
buoy-rope, or mark belonging to any vessel, or attached to any anchor 
or cable, belonging to any vessel, such person shall be guilty of felony. 

If any person shall, with intent to defraud the owner, purchase or 
receive any anchors, cables, &c., which may have been taken up, 
such person shall, on conviction, be deemed guilty of receiving stolen 
goods. § 12. 


SALVAGE. 


869 


The master of any ship bound to parts beyond the seas, shall make 
a true entry in the log-book, of all articles found or taken on board, 
and the time, and also shall transmit a report in writing to the Trinity- 
house ; and on return to any port in England or Wales, or Berwick- 
upon-Tweed, he shall deliver the same articles into the possession of 
a deputy vice-admiral or his agent, in such port, and in default thereof 
he shall forfeit all claim to salvage, forfeit not exceeding ,£100, nor 
less than £30, and shall also forfeit and pay double value to the 
owners. § 13. 

Every pilot, &c. who shall convey any anchor or cable, found as 
aforesaid, to any foreign port, and there sell the same, shall be guilty 
of felony. § 15. 

All persons who trade in buying and selling marine stores of any 
kind, shall have their names, with the words “dealer in marine stores,” 
painted distinctly, in letters of not less than six inches in length, upon 
the front of all their storehouses ; and in default, shall forfeit not ex¬ 
ceeding £20, nor less than £10 : and it shall not be lawful for such 
dealers or traders to cut up any cable exceeding five fathoms in 
length, without first obtaining a permit from some justice, on pain of 
forfeiting for the first offence, not exceeding £20, nor less than £10 ; 
and for every second or further offence, not exceeding £50, nor less 
than £20. § 16. 

All such dealers in marine stores, shall keep books, in which entries 
shall be made of all such old marine stores as shall be by them bought, 
containing a true account and description of the'times when the same 
were bought, and of the names and places of abode of the sellers; 
and before any person who shall obtain a permit for the cutting up of 
any such cable shall proceed to cut up the same, there shall be pub¬ 
lished, one week before the cutting up the same, one or more adver¬ 
tisements in some public newspaper printed nearest to the storehouse 
where' the articles shall be deposited, notifying that such party had 
obtained such permit, and specifying the place where such articles 
shall be deposited ; whereupon 'every person who shall have verified 
upon oath the fact of his suspicion, may inspect and examine the 
cables described in such permit; and any dealer who shall neglect or 
refuse to permit such inspection or examination shall forfeit and pay 
for every first offence, not exceeding £20 nor less than £10 ; and for 
every second or further offence, not exceeding £50 nor less than £20. 
§ 17 . 

All manufacturers shall place their names, a progressive number, 
and the weight of the anchor, in legible characters, upon the crown, 
and upon the shank under the stock of each anchor and kedge-anchor ; 
or forfeit llnd pay not exceeding £5, nor less than 405. § 18. 

No certiorari, for the removal of such conviction, shall be allowed. 

§ 19 - 

But any person convicted may, within three calendar months, appeal 
to the general quarter sessions, giving ten days’ notice of the matter 
thereof, and entering into a recognisance with two sureties, to try 
such appeal. § 20. 

The inhabitants of any parish shall be deemed competent witnesses. 

§ 2L 

Nothing in this act shall extend to the limits specified in the 48th 
Geo. III. c. 130, for preventing frauds and depredations committed 
on merchants, within the jurisdiction of the cinque ports ; nor to re¬ 
peal any of the clauses contained in 48 Geo. III. c. 104, for the better 


870 


MARINE ASSURANCES. 


regulation of pilots, and of the pilotage of ships and vessels navigating 
the British seas.* § 23. 

Nor to the taking away the jurisdiction of the high court of admi¬ 
ralty of England, or the jurisdiction of the admiralty court of the cinque 
ports, and other local jurisdictions. § 24. 

Nor to prejudice the rights of his Majesty, or any patentee or grantee 
of the crown, or any lord of any manor. § 25. 

But no lord of any manor, or other person entitled to wreck of the 
sea, shall appropriate such wreck, until a report thereof in writing be 
given to the deputy vice-admiral of that part of the coast; or if there 
shall be no such deputy vice-admiral within fifty miles, then to the cor¬ 
poration of the Trinity-house : provided that nothing herein shall extend 
to repeal the provisions of an act, 52 Geo. III. c. 159,t intituled “ An 
Act for charging Foreign Liquors and Tobacco, derelict, jetsam, flot¬ 
sam, ligan, or wreck, brought or coming into Great Britain, with the 
Duties payable on importation of such Liquors and Tobacco.” § 26. J 

Any goods taken possession of by any lord of any manor, or person 
entitled to wreck of the sea, or by any vice-admiral, or other person act¬ 
ing under this act, or of an act passed in the present session of parlia¬ 
ment, c. 76, which shall be of a perishable nature, shall be sold by public 
auction or private contract; and the money raised by such sale shall be 
deposited in the hands of the lord of the manor, or other person, to abide 
the claims of all persons, as the goods would, if remaining unsold. § 27. 

The commissioners of customs and excise shall permit all goods, saved 
from vessels on their homeward voyage, to be forwarded to the port of 
their original destination ; and snail permit goods, saved from any vessels 
wrecked on their outward voyage, to be returned to the port at which 
the same were shipped; but commissioners are to take security for the 
protection of the revenue, § 28. 

Any deputy vice-admiral, officer, master, or owner, may pass and re¬ 
pass with their horses, carts, carriages, or servants, over any lands near 
to the part of the sea-coast where any vessel shall be so wrecked, with¬ 
out interruption by the owner or occupier, for the purpose of preserving 
any such vessel or goods, or for saving the crew, or any persons on 
board, or for the taking possession of any wreck or goods, provided 
there shall be no road by which the parties may pass and repass, making 
compensation to the occupier, which compensation shall be a charge 
upon the wreck or goods in like manner as salvage ; and in case the 
parties cannot agree, then the same shall be settled by two justices, or 
by a third person named by them, as is directed by 49 Geo. III. § 29. 

If any owner or occupier shall impede any person from passing over 
his premises, with horses, &c., for the purposes before mentioned, he 
shall forfeit to any person who will sue for the same, ,£100. § 30. 

Any question in relation to salvage of any vessel or goods, performed 
between high and low water mark, shall be within the jurisdiction o<f 
the high court of admiralty, or of his Majesty’s courts of record at West¬ 
minster. § 31. 

In every case in which any damage shall be done by any foreign 
vessel to any British vessel or other craft, or any buoy, or beacon, in any 
harbour, and it shall appear on a summary application made to any 
judge of any court of record at Westminster, or to the judge of the high 

* This act is repealed and superseded by the general pilot act 6 Geo. IV. c. 125. 
See ante. 

f Since repealed by 6 Geo. IV. c. 105. 

J But see 6 Geo. IV. c. 107. § 48, page 455. 




SALVAGE. 


S71 


court of admiralty, that such damage has probably arisen by the miscon¬ 
duct or negligence of the master or mariners, it shall be lawful for such 
judge to cause such foreign vessel to be arrested until the master, or 
owner or consignee, or some agent, shall undertake to appear in any 
action which may be brought for such damage, and give security, by 
bail, for all costs and damages, if it shall upon the trial appear that such 
damage shall have arisen from negligence or misconduct; and in such 
action the person giving security shall be defendant, and shall be stated 
to be the owner; and it shall not be necessary in such action to give 
any other evidence of the liability of such person, than the production of 
the order of the judge. § 32. 

All penalties above £20 may be recovered in any court of record at 
Westminster. § 33. 

This act shall not extend to the taking away any privileges hereto¬ 
fore vested in the corporation of the Trinity-house of Kingston-upon- 
Hull, relating to the Trinity-houses of Newcastle-upon-Tyne and Scar¬ 
borough. § 34. 

Nor to prejudice or take away any right of the mayor of the city of 
London, or of the mayor and commonalty and citizens of London, in 
the rivers of Thames and Medway. § 35. 

Not to extend to Scotland and Ireland. § 36. 

All the means which in virtue of the act 12 Ann. c. 18. subsist for 
the adjusting and recovering of the monies or gratuities to be paid to 
the persons acting in the salvage of any vessel, or the materials belong¬ 
ing thereto, or goods, in cases where application shall have been first 
made, pursuant to the said act, to officers of the customs, shall be appli¬ 
cable in cases where the salvors shall have acted under any magistrate, 
or officers, mariners, or owners of any vessel in distress, although no 
such application shall have been made to any officer of the customs, or 
other officers in the said statute mentioned ; and thereupon upon pay¬ 
ment or tender and refusal of the monies or gratuities to be paid to the 
persons who have acted in such salvage, or in case payment or tender 
cannot be made, on security being given for the payment thereof, to the 
satisfaction of the justices who shall have adjusted such gratuities, it 
shall not be lawful for any officer of customs, or other person having pos¬ 
session of such vessel, materials, or goods, any longer to retain the 
same, by reason of any claim to a compensation or gratuity of such 
salvage. § 37. 

By the 6 Geo. IV. c. 105, so much of this act as relates to the sale of 
goods, duty free, to pay the expenses of salvage and other charges, is 
repealed, and provisions to that effect are reenacted by 6 Geo. IV. 
c. 107. (See Customs.) 

The cinque ports are excluded from the operation of the last ab¬ 
stracted act. Their limits were defined by 48 Geo. III. c. 130, which 
was continued by 53 Geo. III. c. 87, and further continued and 
amended by 1 and 2 Geo. IV. c. 76, intituled, An act to continue and 
amend certain acts for preventing the various frauds and depredations 
committed on merchants , ship-owners , and underwriters , by boatmen and 
others , within the jurisdiction of the cinque ports ; and also for remedy¬ 
ing certain defects relative to the adjustment of salvage , under a statute, 
made in the twelfth year of the reign of her late Majesty Queen A ime, 
which enacts, that it shall be lawful for the lord-warden of the cinque 
ports* to appoint three or more substantial persons in each of the cinque 

* Deputy of the cinque ports and lieutenant of Dover Castle for the time being, 
9 Geo. IV. c. 37. 




872 MARINE ASSURANCES. 

ports, two ancient towns, and their members, to determine any differ¬ 
ence relative to salvage between the master of any vessel and persons 
bringing cables and anchors ashore, and in case any vessel shall be 
either forced or cut from her cables and anchors by extremity of wea¬ 
ther, or other accident, and leave the same in any roadstead, or other 
place within the jurisdiction of the cinque ports, two ancient towns, 
and their members, and the salvage cannot be adjusted between the 
persons concerned, then the same shall be determined by three or more 
of the said persons so to be appointed, within the space of tw r enty-four 
hours after such difference shall be referred to them for their determi¬ 
nation : provided that such commissioners shall, immediately after 
their nomination, proceed to elect some fit person as their secretary or 
register; and which secretary or register shall enter proceedings as 
therein mentioned. § 1. 

And such commissioners shall have power to settle all differences 
which may arise within the limits therein mentioned. § 2. 

The commissioners and their secretary or register, shall receive 
from the owners of such vessels, or the proprietors of goods, against 
whom any person shall make any claim or demand for services, such 
fee for deciding on every such claim as shall be adjudged by the lord- 
warden : provided that no commissioner shall have power to act in 
any other port than that in which he is resident, or from which his 
place of residence is not distant more than one mile ; and commis¬ 
sioners shall severally take oath to decide according to the best of 
his judgment, on the evidence brought before him, without favour or 
affection to either party. § 3. 

Either party, dissatisfied with such award, shall, within eight days 
after, but not afterwards, declare to the commissioners their desire of 
obtaining the judgment of some competent court of admiralty, and 
thereupon such parties shall be required to declare whether they will 
proceed in the court of admiralty of the cinque ports, or the high 
court of admiralty of England, and they shall so proceed within 
twenty days from the date of such award ; but in such case the com¬ 
missioners are empowered to permit the ship and cargo, notwithstand¬ 
ing such declaration, to depart on her voyage, or to deliver to the 
owners or agents, any goods respecting which any claims for salvage 
shall be made, giving bail in double the amount; and to transmit the 
same to the court of admiralty in which the intention of proceeding 
shall be so declared, together with a certificate in writing of the gross 
value of the whole ship and cargo, and also an official copy of such 
proceedings and awards, certified by the secretary or register; and 
the same shall be admitted by such court of admiralty as evidence. § 4. 

And on an appeal so made to the court of admiralty of the cinque 
ports, or to the high court of admiralty, the same shall be final, and 
no ulterior appeal shall lie to the King in chancery. § 5. 

And for the more speedy administration of justice, as often as his 
Majesty shall direct a commission, according to the provisions of 
28 Hen. VIII. c. 15, to the admiral or lieutenant-deputy, it shall be 
lawful for his Majesty, on the application of the lord-warden, to direct 
such commission jointly to the admiral, or his lieutenant-deputy and 
deputies, and also to the lord-warden, of the cinque ports, and to his 
deputy ; and the commissioners shall have full power to try all offences 
named in the said act, or in any other act relating to proceedings 
under such commission, by the oaths of twelve inhabitants in the shire 
'*-filed in the said commission. § 16. 


ABANDONMENT. 


873 


This act not to extend to the taking away of the jurisdiction of the 
high court t)f admiralty, or of the cinque ports, or of any privileges 
heretofore vested in the corporation of the Trinity-house. § 17. 

There are many provisions in this act for the prevention of frauds, 
&c., which correspond with those in the last mentioned act; and which 
it is therefore unnecessary here to repeat. 

See also, for regulations as to salvage, the 6 Geo. IV. c. 107. § 47 
and 48, in Chapter on Customs, pages 454 and 455 

9. ABANDONMENT. 

The assured, before he can demand a recompense from the under¬ 
writer for a total loss, must cede or abandon to him his right to all the 
property that may chance to be recovered from shipwreck, capture, or 
any other peril stated in the policy. 

The right to abandon must arise upon the object of the assured 
being so far defeated that it is not worth his while to pursue it: such 
a loss is equally inconvenient to him as if it had been total. For 
instance, if the voyage be absolutely lost, or not worth pursuing ; if 
the salvage be very high, suppose a half; if farther expense be ne¬ 
cessary ; if the assurer will not engage at all events to bear that 
expense, though it should exceed the value, or fail of success ; under 
these and many other like circumstances, the assured may disentangle 
himself, and abandon, notwithstanding there has been a recapture. 
2 Burr. 1209. 

There may be circumstances in which it would be unjust to suffer 
the assured to abandon ; for a ship might be taken and escape imme¬ 
diately, which would be no hinderance at all to the voyage; or she 
might be taken and instantly ransomed, which would amount only to 
a partial loss; in which cases the assured shall not be allowed to 
demand a recompense for a total loss. 2 Burr. 697. 1213. 

The right to abandon must depend upon the nature of the case at 
the time of the action brought, or at the time of the offer to abandon. 
Burr. 1214. It must be remembered, however, that an ineffectual 
notice of abandonment will not preclude the assured recovering for a 
total loss, where the loss was really total. Mellish v. Andrews , 15 
E. R. 13. 

The owner cannot abandon, unless at some period or other of the 
voyage there has been a total loss ; and, therefore, if neither the thing 
assured, nor the voyage, be lost, and the damage sustained shall be 
found, upon computation, not to amount to a moiety of the value, the 
owner shall not be allowed to abandon. 1 T. R. 191. 

These principles are confirmed by numerous judgments; among others, 
the following, by way of example :— 

In Pringle v. Hartley , in chancery, 1744, 3 Atk. 125. The de¬ 
fendant had assured the ship Success from London to Bermuda, and 
so to Carolina; the ship was taken by a Spanish privateer, and after¬ 
wards retaken by an English privateer, and carried into Boston, in 
New England, where no person appearing to give security, or to 
answer the moiety the recaptors were entitled to for salvage, she was 
condemned, and sold in the court of Admiralty there ; the recaptors 
had their moiety, and the overplus money remained in the hands of 
the officers of that court. 

It was contended for the underwriter that the assured ought not 


874 


MARINE ASSURANCES. 


to recover more of the policy than a moiety of the loss, as the act of 
the 13th Geo. II. c. 4, § 18, gives the thing saved to the owner, as he 
is entitled to receive it from the officers of the admiralty ; and that 
the underwriter ought to be obliged to pay no more than the loss 
actually sustained, which cannot be ascertained till after the assured 
shall have received the part that might have come to him upon the 
salvage. 

The assured was willing to relinquish his interest to the underwriter 
in the benefit of the salvage. 

Upon this, Lord Chancellor Hardwicke said, “ I take it, when the 
assured is willing to relinquish his interest in the salvage, he ought to 
recover the whole money assured. It would be mischievous if it were 
otherwise; for then, upon a recapture, a man would be in a worse 
situation than if the ship were totally lost.” 

Goss and another v. Withers , 2 Burr. 683.—This was a special case 
upon two actions on distinct policies of assurance ; one upon a ship, 
and the other upon the loading. 

The former was an assurance of the David-and-Rebecca , at and 
from Newfoundland, to her port of discharge in Portugal or Spain, 
without the Straits, or England, to commence from the time of her 
beginning to load at Newfoundland for either of the above-named 
places; and to continue till she should be arrived at her said port of 
discharge, and there moored twenty-four hours at anchor in safety. 
The ship was, by agreement, to be valued at the sum subscribed, with¬ 
out farther account. The assurance was to be at ten guineas per cent., 
and in case of loss, to abate two per cent., and, in case of average loss, 
not exceeding £5 per cent, to allow nothing towards such loss. And, 
if the vessel was discharged without the Straits, excepting the Bay of 
Biscay, two guineas per cent, were to be returned; and if she sailed 
with convoy, and arrived, two guineas more per cent, were to be 
returned. The plaintiffs declared upon a total loss, by capture of the 
French. 

The policy, declared upon in the other action, was an assurance 
upon any kinds of lawful goods and merchandises, loaden or to be 
loaden on board the aforesaid ship: and this policy for £7. 7s. assured 
.£70. The declaration alleged that, divers quantities of fish and 
other lawful merchandises, to the value of the money assured, were put 
on board, to be carried from Newfoundland to her port of destination, 
and so continued (except such as were thrown overboard, as is after 
mentioned) till the loss of the ship and goods. This declaration then 
avers, that a part of the said goods were necessarily thrown over¬ 
board in a storm, to preserve the ship and the rest of the cargo; after 
which jetson, the ship and the remainder of the goods were taken by 
the French. 

The case stated, that the ship departed from her proper port, and 
was taken by the French on the 23d of December, 1756: and that the 
master, mate, and all the sailors, except an apprentice and a landman, 
were taken out and carried to France ; that the ship remained in the 
hands of the enemy eight days, and was then retaken by a British pri¬ 
vateer and brought in, on the 18th of January, to Milford Haven, and 
that immediate notice was given by the assured to the assurers, with ai 
offer to abandon the ship to their care. It was also proved, at the 
trial, that, before the taking by the enemy a violent storm arose at 
sea, which first separated the ship from her convoy, and afterwards 
disabled her so far as to render her incapable of proceeding on he# 


ABANDONMENT. 875 

destined voyage, without going into port to refit. It was also proved, 
that part of the cargo was thrown overboard in the storm, and the 
rest of it was spoiled while the ship lay at Milford Haven, after the 
offer to abandon, and before she could be refitted: and the assured 
proved their interest in the ship and cargo to the value assured. 

Several questions arising upon the trial of the first of these causes, 
it was agreed, that the jury should bring in their verdict, in both 
causes, for the plaintiffs, as for a total loss ; subject, however, to the 
opinion of the court on the following question, viz. 

Whether, under the several circumstances of this case, the assured 
had, or had not, a right to abandon the ship to the assurers after she 
was cairied into Milford Haven? 

The court decided unanimously in favour of the plaintiffs, and Lord 
Mansfield, in delivering the opinion of the court, made the following 
observations. 

Lord Mansfield.—“ The single question upon which this case turns 
is, whether the assured had, under all the circumstances, an election 
to abandon, on the 18th of January, 1757? The loss and disability 
were in their nature total at the time they happened. During eight 
days, the plaintiff was certainly entitled to be paid by the assurer as 
for a total loss : and, in case of a recapture, the assurer would have 
stood in his place. The subsequent recapture is, at best, a saving 
only of a small part. The disability to pursue the voyage still con¬ 
tinued. The master and mariners were prisoners. The charter-party 
was dissolved. The freight (except in proportion to the goods saved) 
was lost. The ship was necessarily brought into an English port. 
What could be saved might not be worth the expense necessarily at¬ 
tending it; which is proved by the plaintiff’s offer to abandon. The 
subsequent title to restitution, arising from the recapture, at a great 
expense ; the ship too being disabled from pursuing her voyage, can¬ 
not take away a right vested in the assured, at the time of the capture. 
But, because he cannot recover more than he has suffered, he must 
abandon what may be saved. I cannot find a single book, ancient or 
modern, which does not say, that in case of a ship being taken, the 
assured may demand as for a total loss, and abandon. What proves 
the proposition most strongly is, that, by the general law, he may 
abandon, in the case merely of an arrest, or an embargo, by a prince 
not an enemy. 

“No capture by the enemy can be so total a loss, as to leave no 
possibility of a recovery. If the owner himself should retake at any 
time he will be entitled ; and by the late act of parliament, if an 
English ship retake at any time, before condemnation or after, the 
owner is entitled to restitution upon stated salvage. This chance 
does not suspend the demand for a total loss upon the assurer; but 
justice is done, by putting him in the place of the assured, in case of 
a recapture. Iihere might be circumstances under which a capture 
would be but a small temporary hinderance to the voyage, perhaps none 
at all; as if a ship were taken, and in a day or two, escaped entire, and 
pursued her voyage. There are circumstances under which it would 
be deemed an average loss: if a ship taken be immediately ransomed, 
and pursue her voyage, there the money paid is an average loss; and, 
in all cases, the assured may choose not to abandon. It might as 
reasonably be argued, that, if a ship, sunk, were weighed up again at a 
great expense, the crew having perished, the assured could not aban 
don, nor the assurer be liable, because the body of the ship was saved. 


873 MARINE ASSURANCES. 

We are therefore of opinion, that the loss was total by the capture, 
and the right which the owner had, after the voyage was defeated, to 
obtain restitution of the ship and cargo, paying great salvage to the 
recaptor, might be abandoned to the assurers, after she was brought 
to Milford Haven.” 

The principles laid down in this case have been adhered to in later 
decisions: in one of which (Miller v. Fletcher , Douglas’s Rep. 219.) 
Lord Mansfield said, that from the two cases of Gross v. Withers , just 
quoted, and Hamilton v. Mendes , here following, the whole law be¬ 
tween assurers and assured, as to the consequence of recapture, might 
be collected. 

Hamilton v. Mendes , 2 Burr. 119, and 2 Black. 276.—This was a 
special case reserved at Guildhall, at the sittings there before Lord 
Mansfield, after Michaelmas Term, 1760, in an action brought against 
the defendant, as one of the assurers, upon a policy of assurance from 
Virginia or Maryland to London, of a ship called the Selby, and of 
goods and merchandise therein, until she shall have moored at anchor 
twenty-four hours in good safety. The case stated for the opinion of 
the court was as follows : 

That the ship Selby, mentioned in the policy, being valued at 
£1200, and the plaintiff having interest therein, caused the policy in 
question to be made ; and the same was accordingly made in the name 
of John Mackintosh, on behalf and for the use and benefit of the 
plaintiff, and was subscribed by the defendant as stated, for <£100. 
That the ship was in good safety at Virginia, where she took on board 
192 hogsheads of tobacco, to be delivered at London. That, on the 
28th day of March, she departed and set sail from Virginia for Lon¬ 
don; and, on the 6th day of May following, as she was sailing and 
proceeding on her said voyage, was taken by a French privateer, called 
the Aurora, of Bayonne. That, at the time of her capture, the Selby, 
had nine men on board; and the captain of the said privateer took 
out six, besides the captain, leaving only the mate and one man on 
board. That the French put a prize-master and several men on 
board the ship Selby, to carry her to France. That, as the French 
were carrying her towards France, on the 23d day of the said May, 
she was retaken off Bayonne, by an English man of war, and accord¬ 
ingly sent into Plymouth, where she arrived the 6th day of June fol¬ 
lowing. That the plaintiff, living at Hull, so soon as he was informed 
what had befallen his ship, the Selby, wrote a letter, on the 23d of 
June, to his agent, John Mackintosh, living in London, to acquaint 
the defendant, “ that the plaintiff did from thence abandon to him his 
interest in the said ship, as to the said £100 by the defendant as¬ 
sured.” That the said J. M., on the 26th of June, acquainted the 
defendant with the offer to abandon the ship; to which the defendant 
answered, “ that he did not think himself bound to take the ship; but 
was ready to pay the salvage, and all other losses and charges the 
plaintiff sustained by the capture.” That, upon the 19th day of 
August, the ship Selby was brought into the port of London, by order 
of the owners of the cargo and the recaptors : that the ship Selby 
sustained no damage from the capture. That the whole cargo of the 
said ship was delivered to the freighters, at the port of London, who 
paid the freight to Benjamin Vaughan, without prejudice. The ques¬ 
tion, therefore, submitted to the court is, whether the plaintiff, on the 
said 26th day of June, had a right to abandon, and has a right to 
recover, as for a total loss ? 


ABANDONMENT 


677 


Lord Mansfield.—“ The plaintiff has averred in his declaration, as 
the basis of his demand for a total loss, that by the capture the ship 
became wholly lost to him. The general question is, whether the 
plaintiff, who, at the time of his action brought, at the time of his 
offer to abandon, and at the time of his being first apprized of any 
accident having happened, had only, in truth, sustained a partial loss, 
ought to recover for a total one. 

“ The plaintiff’s demand is for an indemnity. This action then 
must be founded upon the nature of his damnification, as it really is 
at the time the action is brought. It is repugnant, upon a contract 
of indemnity, to recover as for a total loss, when the final event has 
decided that the damnification, in truth, is an average, or perhaps no 
loss at all. Whatever undoes the damnification, in whole or in part, 
must operate upon the indemnity in the same degree. It is a contra¬ 
diction in terms, to bring an action for indemnity, when, upon the 
whole event, no damage has been sustained. 

“ In the present case, the notion of a vested right in the plaintiff to 
sue as for a total loss, before the recapture, is fictitious only, and not 
founded in truth. For, the assured is not obliged to abandon in any 
case; he has an election. No right can vest as for a total loss till he 
has made that election : he cannot elect, before advice is received of 
the loss ; and, if that advice show the peril to be over and the thing in 
safety, he cannot elect at all, because he has no right to abandon when 
the thing is safe. The present attempt is the first that ever was made 
to charge the assurer as for a total loss, upon an interest policy, after 
the thing was recovered. 

“ It has been said, * that there is no book, ancient or modern, which 
does not say, that, in case of the ship being taken, the assured may 
demand for a total loss, and abandon.’ That proposition is certainly 
true, provided the capture, or the total loss occasioned thereby, con¬ 
tinue to the time of abandoning and bringing the action. It is impos¬ 
sible that any man should desire to abandon in a case circumstanced 
like the present, but for one or two reasons, namely, either because 
he has over-valued y or because the market has fallen below the original 
price. The only reasons, that can make it the interest of the party to 
desire, are conclusive against allowing it. It is unjust to turn the fall 
of the market upon the assurer, who has no concern in it, and could 
never gain by the rise. And an over-valuation is contrary to the gene¬ 
ral policy of the marine law ; contrary to the spirit of the act of 
19 Geo. II. a temptation to fraud, and a great abuse; therefore no 
man shall be allowed to avail himself of having over-valued. If the 
valuation be true, the plaintiff is indemnified by being paid the charge 
he was put to by the capture. If he was over-valued, he will be a 
gainer, if he be permitted to abandon ; and he can only desire it be¬ 
cause he has over-valued. We are of opinion that he cannot recover 
for a total, but for a partial loss only, the quantity of which has been 
estimated by the jury at <£10 per cent.” 

The court did not in this case unnecessarily decide whether, after 
payment as for a total loss, the underwriter could oblige the assured 
to refund , if it should afterwards prove to be but partial; yet, in the 
year 1766, this very question came before them. It arose in the case 
of Da Costa v. Frith , 4 Burr. 1966; and the court held, that, as there 
was a solemn abandonment, and the money was paid, and as there 
was also an agreement that the assurers should be content with such 
salvage as the sum assured bore to the whole interest, the assured 


878 


MARINE ASSURANCES. 


should not be obliged to refund, but the assurer should stand in his 
place for the salvage. 

Cazalet and others v. St. Barbe, 1 T. R. 187.—This was an action 
on a policy of assurance upon the ship Friendship, from Wyburg to 
Lynn, subscribed by the defendant for <£100 at two guineas per cent. 
The defendant pleaded a tender, and paid £48 into the court. The 
cause was tried at Guildhall before Mr. Justice Buller, when a case 
was reserved for the opinion of the court, stating, that the damage 
sustained by the ship in the voyage assured, did not exceed £48 per 
cent, which sum the defendant had paid into court upon pleading in 
the action. That when the ship arrived at the port of Lynn, she was 
not w r orth repairing. The question for the opinion of the court was, 
whether the plaintiff had a right to abandon ? 

This case came on to be argued when Lord Mansfield was absent, 
and the three other judges were unanimous in opinion for the defendant. 

Mr. Justice Buller said, “Nothing can be better established than 
that the owner of a ship can only abandon in case of a total loss. 
But there is no instance where the owner can abandon unless, at some 
period or other of the voyage, there has been a total loss. No such 
event has happened here; for the jury have expressly found that the 
loss amounted only to £48 per cent. Even allowing total loss to be a 
technical expression, yet the manner, in which the plaintiff’s counsel 
has stated it, is rather too broad. It has been said, that the assurance 
must be taken to be on the ship as well as on the voyage ; but the true 
way of considering it is this, it is an assurance on the ship for the 
voyage. If either the ship or the voyage be lost, that is a total loss; 
but here neither is lost.”. 

In another case, an action was brought on a policy of assurance on 
the Prince of Wales, in port or at sea, for six months, from the 18th 
of July, 1777 The ship in question was in government-service, 
bound from Cork to Quebec. She arrived there; but the season 
being too far advanced before she was ready to return, she was re¬ 
moved into the basin; but, on the 19th of November, she was driven 
thence by a field of ice, and damaged by running on the rocks. The 
condition of the ship could not be examined till April following, after 
the expiration of the policy. She was then, however, found to be 
bilged, and much injured, but not thought irreparably so. In the 
progress of the repair, difficulties arose from want of materials; and 
the captain, after consulting the merchants and agents in the country, 
sold her. An account was made up, charging the assurers with the 
whole amount, and crediting them with the sums for which the ship 
sold, as salvage. 

Lord Mansfield, at the trial, said, “ The great point in the cause is, 
whether this is a total loss by this accident. It is a new question, 
upon which I shall reserve a case for the opinion of the court.” After 
argument by counsel on both sides, his Lordship said, “ The justness 
of the case seemed to be, that the loss in November should be taken 
as an average, not a total one: and that the whole court were of opi¬ 
nion, that the ship should be considered as damaged on the 19th of 
November, but not totally lost.”—Ferneaux v. Bradley East T 
20 Geo. III. 

In a case before Lord Kenyon, M'Masters v. Shoolbred , sittings 
after Michaelmas, 35 Geo. III. (Esp. Cases, 237.) he held, the action 
being on a policy for six months, and the ship having been captured 
and carried into Charlestown, sold by the captors, by the authority of 


ABANDONMENT. 


879 


the French consul there , and purchased by the captain for account of 
the original owners, that this was only a partial loss, and that the 
owneis could not abandon. His lordship was of opinion, that the 
captain was agent for the owners; and that he, having recovered the 
vessel upon their account, and having paid a kind of salvage, (the 
amount of which would be the loss sustained,) it only constituted an 
average loss. At the time the ship was captured and carried into port, 
in the enemy’s possession, the assured at that time might have aban¬ 
doned. But not having done so till the vessel was recovered, they 
could now go only for an average loss. Upon the trial of this cause, 
it did not occur to the defendant to make objection, that the act of the 
French consul was illegal, and that, consequently, the money paid by 
the original owners was in the nature of a ransom. This objection 
was made, however, and admitted to prevail, in a subsequent case, 

(Havelock v. Rockwood, )which is fully detailed in a former part of this 
work, under the head of losses by “Capture and Detention of 
Princes.” 

Although almost all these cases of abandonment were after a 
capture , yet many of the rules there laid down were general in their 
nature, comprehending cases of wreck and detention , as well as cap¬ 
ture. This will be best explained, by putting the two following pos¬ 
sible cases: 

Suppose a neutral ship be arrested and detained by a foreign prince 
by an embargo , the owner immediately, upon hearing this accident, 
would have a right to abandon ; because no man is bound to wait the 
event of an embargo. But if the same ship, that brings the account 
of the embargo, should also inform him that the embargo was taken 
off, that the ship had only been detained two or three days, that very 
trifling damage had arisen, then it is impossible to say that the mer¬ 
chant may abandon; because, as we have seen, it is a principle of 
good sense, that a man cannot make his election, whether he will 
abandon or not, till he receive advice of the loss; and if, by the same 
conveyance, it appear that the peril is over, and the thing assured be 
in safety, he has lost his election entirely; because he has, and can 
have, no right to abandon when his property is safe. 

The same principle governs in the case of wreck ; for let us suppose 
a trunk of bullion, as in the case of Da Costa v. Frith , to be the pro~ 
perty assured; and that, the ship being wrecked, this trunk, of course, 
goes to the bottom ; the owners would instantly be entitled to abandon 
to the underwriter, and call upon him to contribute as in the case of a 
total loss. But, if it should so happen that, before the action was brought, 
or before the offer was made to abandon, the bullion should be re¬ 
covered and restored to the owner, at the place of destination, upon 
paying a moderate salvage; in that case it would fall within the rule 
of Hamilton v. Mendes; and the assured would only be entitled to 
recover an indemnity, according to the nature of his case, at the time 
when the action was brought; and, consequently, he would not be 
allowed to abandon. 

If, on account of an hostile embargo, the assured abandon both ship 
and freight to the underwriter, and the ship afterwards earn freight on 
the embargo being taken off, the underwriters are not bound to pay 
for a total loss of freight; although they have accepted the previous 
abandonment; since the freight has in fact been earned.-— McCarthy 
and others v. Abel, Term Rep. Trinity, 44 Geo. III. 

It has been settled, by a solemn decision of the court 1 


830 


MARINE ASSURANCES. 


bench, in Manning v. Newnham, Trin. 22 Geo. III., in what cases a 
loss should be deemed to be total, after an accident by perils of the 
sea. A policy was effected in London upon the ship Grace, her “ cargo 
and freight , at and from Tortola to London, warranted to depart on or 
before the 1st of August, 1781. The ship valued at £2470, the freight 
at ,£2250, and the cargo at £12,400, at a premium of 25 guineas per 
cent, to return 10 per cent, if she departed the West Indies with a 
convoy for England, and arrives.” At the head of the subscriptions is 
the following declaration, viz.— On the ship, freight , and goods , war¬ 
ranted free of particular average. This ship, with her cargo, was a 
Dutch prize, taken by a privateer off Tortola, and was condemned ; 
during the whole of her stay at Tortola (four or five months) she 
was never unloaded. On the 1st of August the whole fleet of mer¬ 
chantmen got under weigh, under convoy of the Cyclops, &c.; but, not 
being able to get clear of the islands that day, they cast anchor during 
the night, and the next day got clear of the islands. About ten o’clock 
on the 2d of August, several squalls of wind arose, which occasioned 
the ship to strain and make water so fast, that the crew were obliged 
to work both pumps; and, on the 3d, the captain made a signal 
of distress : in consequence of which she was obliged to return to 
Tortola, under protection of one of his Majesty’s ships. The captain 
made his protest, and a survey wias had, by which the ship was de¬ 
clared unable to proceed with her cargo, and that she could not be 
repaired in any of the English islands in the West Indies ; and that 
many of the sugars in the bilge and lower tier were washed out, and 
several of the casks broke and in bad order. The ship and the whole 
of the cargo were sold at Tortola accordingly. The assured claimed 
a total loss of ship, cargo, and freight, which the jury thought right, 
and found accordingly. A motion was made for a new trial, which, 
upon full consideration, was refused. 

Lord Mansfield, after stating the evidence, and that his prejudices 
at the trial were in favour of the underwriters, proceeded thus : “ But 
notwithstanding this inclination of my opinion, upon full consideration, 
we think the jury have done right. If by a peril assured the voyage is 
lost, it is a total loss: otherwise not. In this case the ship has irre¬ 
parable hurt within the policy. This drives her back to Tortola, and 
there is no ship to be had there which could take the whole cargo on 
board. There were* only two ships at Tortola, and both could not 
take in the cargo. To show how completely the voyage was lost, that 
no ship could be got, the assured have not been able to send that part 
of the goods, which they purchased, forward to London. It is ad¬ 
mitted there was a total loss on the freight, because the ship could not 
perform the voyage. The same argument applies to the ship and 
cargo. It is a contract of indemnity ; and the assurance is, that the 
ship shall come to London. Upon turning it in every view, we are of 
opinion that the voyage was totally lost, and that is the ground of our 
determination.” 

Where a vessel was so damaged by a sea peril that, in order to ren¬ 
der her sea-worthy, it would cost as much as she was originally worth , 
and the captain sold her to a purchaser, who partially repaired her 
and sent her upon a voyage which she never completed, in conse¬ 
quence of her infirmity : it was held, first, that the underwriters were 
liable as for a total loss, though the vessel remained in specie at the 
time she was sold; and second, that notice of abandonment was 
unnecessary to entitle the owner to recover.— Cambridge v. Anderton t 


FRAUD IN POLICIES. 881 

4 Dowl. & Ry. 203, and see Robertson v. Clarke, 1 Bingham, 
445. 

From what has been said in the preceding part of this subject, it 
appears that the assured has a right to call upon the underwriters for 
a total loss, and of course to abandon, as soon as he hears of such a 
calamity having happened, his claim to an indemnity not being at all 
suspended by the chance of a future recovery of part of the property 
lost: because by the abandonment, that chance devolves upon the 
underwriter, by which means the intention of the contracting parties 
is fully answered, and complete justice is done. 

In a modern decision it has been held by the court of king’s bench, 
that as soon as the assured receive account of such a loss as entitles 
them to abandon, they must, in the first instance, make their election 
whether they will abandon, or not; and, if they abandon, they must 
give the underwriters notice in a reasonable time, otherwise they wave 
their right to abandon, and can never afterwards recover for a total 
loss.— Mitchell v. Edie, 1 T. R. 608. 

But the assured is entitled to a reasonable time for examining into 
the state of a damaged cargo, before he makes his election on the ques¬ 
tion of abandonment.— Gernon v. Exch. Ass. Co., 6 Taunt. 383.— 
Mullet v. Shedden, 13 E. R. 304. 

And an insurer who rejects an abandonment must do so within a 
reasonable time. 3 Brod. and Bing. 97. 

But if the assured, hearing that his ship is much disabled, and has 
put into port to repair, express his desire to the underwriters to aban¬ 
don, and be dissuaded from it by them, and they order the repairs to 
be made; they are liable to the owner for all the subsequent damage 
occasioned by that refusal, though it should amount to the whole sum 
assured.— Da Costa v. Newnham, 2 T. R. 407. 

Freight was insured from A. to B.: the ship sailed, but was obliged 
to put back from stress of weather, when she was found to be inca¬ 
pable of complete repair, and the cargo was accordingly unloaded, and 
the ship sold. In an action on the policy for a total loss, it was 
holden, that there was no necessity for an abandonment of the freight, 
but that the insured was bound to use all reasonable endeavours to 
repair the ship so as to have carried the cargo, or part thereof, which 
would have operated as a salvage.— Green v. Exch. Ass. Co. ,6 Taunt. 68. 

10. FRAUD IN POLICIES. 

The assurers and assured are equally bound to disclose circum¬ 
stances that are within their knowledge ; and therefore if the assurer, 
at the time he underwrites, can be proved to have known that the ship 
was safe arrived, the contract will be equally void as if the assured 
had concealed from him some accident which had befallen the ship. 

It is necessary to consider this head in three divisions : First, The 
allegation of any circumstances, as facts, to the underwriter, which the 
person assured knows to be false. Secondly, The suppression of any 
circumstances which the assured knows to exist; and which, if known 
to the underwriter, might prevent him from undertaking the risk at all , 
or, if he did, might entitle him to demand a larger premium: and, 
lastly, a misrepresentation. Of each of these in order. 

First, In a case before Lord Chief Justice Holt, in the reign 
of William and Mary, that learned judge held, that, if tb? goods 
were assured as the goods of a Hamburgher, who was an ally, and 
the goods were, in fact, the goods of a Frenchman, who was an 

3 l 


8S2 MARINE ASSURANCES. 

enemy, it was a fraud, and that the assurance was not good.—SkinneT, 
327. 

In another case, a letter being received, stating that a ship sailed 
from Jamaica to London on the 24th of November, after which an 
assurance was made, and the agent told the assurer, that the ship 
sailed the latter end of December : this was also held, by Lord Chief 
Justice Lee, to be a fraud, and the defendant had a verdict.— Robarts 
v. FonnereaUy Sitings after Trin. Term, 1742. 

And, in another case, where the policy was underwritten thus, 
“ Warranted neutral ship and property :” and the jury found “ that 
the ship and property were not neutral property, as warranted by the 
said policy.” Lord Mansfield and the rest of the court were of 
opinion that it was too clear a case to bear an argument. This was 
no contract; for there was a falsehood in respect to the condition of 
the thing assured; because the plaintiff assured neutral property, and 
this was not neutral property.— fFoobner v. Muilman , 3 Burr. 1419.— 
Fernandez v. Da Costa, Sittings after Hilary, 4 Geo. III. 

From the preceding case we may collect this principle, that a false 
assertion in a policy will vitiate the contract, even though the loss 
happen in a mode not effected by that falsity. 

Secondly , The second species of fraud which affects assurances, is 
the concealment of circumstances known only to one of the parties 
entering into the contract. The facts, upon which the risk is to be 
computed, lie, for the most part, within the knowledge of the assured 
only. The underwriter must therefore rely upon him for all necessary 
information; and must trust to him, that he will conceal nothing, so 
as to make him form a wrong estimate. If a mistake happen, without 
any fraudulent intention, still the contract is annulled, because the 
risk is not the same which the underwriter intended. 

One having a doubtful account of his ship, that was at sea, namely, 
that a ship, described like his, was taken, assured her, without giving 
any notice to the assurers of what he had heard, either as to the hazard 
or the circumstance, which might induce him to believe that his ship 
was in great danger, if not actually lost. Lord Chancellor Maccles¬ 
field.—“ The assured has not dealt fairly with the assurers in this case; 
he ought to have disclosed to them what intelligence he had of the 
ship’s being in danger, and which might induce him, at least, to fear 
that it was lost, though he had no certain account of it. For, if this 
circumstance had been discovered, it is impossible to think that the 
assurers would have assured the ship at so small a premium as they 
have done, but either would not have assured at all, or would have 
insisted on a larger premium, so that the concealment of this intelli¬ 
gence is a fraud.” Whereupon the policy was decreed to be delivered 
up with costs; but the premium to be paid back and allowed out of 
the costs.— Da Costa v. Seanaret, 2 Peere Williams, 170. 

But as to paying back the premium in these cases, the courts now 
hold a contrary doctrine. See Chapman v. Fraser, Trin. 33 Geo. III. 
post, p. 625. 

In another case it appeared, that on the 25th of August, 1740, the 
defendant underwrote a policy from Carolina to Holland. It came 
out in evidence that the agent for the plaintiff had, on the 23d of 
August, (two days before the policy was effected,) received a letter 
from Cowes, dated the 21st of August, wherein it is said : “ On the 
12th of this month I was in company with the ship Davy, (the ship in 
question,) at twelve at night lost sight of her all at once : the captain 


883 


FRAUD IN POLICIES. 

spoke to me the day before that she was leaky; and the next day we 
had a hard gale.” The ship, however, continued her voyage till the 
19th of August, when she was taken by the Spaniards; and there was 
no pretence of any knowledge of the actual loss at the time of the as¬ 
surance ; but it was made in consequence of a letter received that day 
from the plaintiff abroad, dated the 27th of June before. Lord Chief 
Justice Lee declared, that, as these are contracts upon chance, each 
party ought to know all the circumstances. And he thought it not 
material that the loss was not such a one as the letter imported ; for, 
those things are to be considered according to their situation at the 
time of the contract, and not to be judged of by subsequent events. 
He therefore thought it a strong case for the defendant. The jury 
found accordingly.— Seaman v. Fonnereau, 2 Stra. 1183. 

In an action on a policy of assurance, the case was, that the ship 
was assured at and from Genoa, liable to average. The loading was 
put on board at Leghorn the 10th of August, and the vessel had lain 
at Genoa above five months, being originally bound for Dublin : but, 
losing her convoy, she put into Genoa the 13th of August, and lay 
there till the 5th of January, when she sailed. And the assurance was 
made the 20th of January; at which time these circumstances were 
known to the assured, but not communicated to the underwriter. A 
few days after she put to sea she was shattered by a storm, and the 
cargo considerably damaged. The jury found a verdict for the plain¬ 
tiff ; and a new trial was moved for on this ground, that the policy was 
bad, ab initio , from want of a due disclosure of the circumstance. 

Lord Mansfield.—“ The question is, whether here was a sufficient 
disclosure ; that is, whether the fact concealed was material to the risk 
run ? This is a matter of fact, and, if material, the consequence is 
matter of law, that the policy is bad. Now who can say that no risk 
was run during the five months stay at Genoa, or no damage hap¬ 
pened in that period? The policy is founded on’misrepresentation ; 
the ship is assured * at and from Genoa to Dublin; the adventure to 
begin from the loading, to equip for this voyage.’ This plainly im¬ 
plies that Genoa was the port of loading ; and, at the trial, all the 
witnesses said, that, by usage, it was material to acquaint the under¬ 
writer whether the assurance was to be at the commencement or in the 
middle of the voyage.” A new trial was accordingly granted.— Hodg¬ 
son v. Richardson , 1 Blackst. Rep. 463. 

The case of Grieve v. Young , decided by the court of Session in 
Scotland, in 1782, is correspondent in principle with these decisions. 
A letter was sent by the owner of a ship to his correspondent in Edin¬ 
burgh to make an assurance on her. After the letter was put into the 
post, but before the post departed, the ship was lost; and was known 
to be so by the said owner. He did not write to countermand the 
assurance, as he might have done by the same post , in which case the 
assurance could not have been effected. The court were of opinion, 
that it was not incumbent on the owner to countermand it by an ex¬ 
press, but being satisfied that there was time for so doing by the ordi¬ 
nary course of the post, and which was his duty to do, gave judgment 
for the underwriters. 

But although the rule is laid down thus generally, that one of the 
contracting parties is bound to conceal nothing from the other, yet it 
is by no means so general as not to admit of an exception. There are 
many matters as to what the assured may be innocently silent. 

On this topic, the argument of Lord Mansfield, in Carter v. Boehm , 

3 l 2 


884 


MARINE ASSURANCES. 


3 Burr. 1905, is decisive. The facts of that case are not material; but 
the reasoning* of Lord Mansfield upon the g-eneral doctrine of what is 
not necessary to be revealed, is as follows : 

His Lordship said, “ Assurance is a contract upon speculation. 
The special facts, upon which the risk is to be computed, lie most 
commonly in the knowledge of the assured only. The underwriter 
trusts to his statement, and proceeds upon confidence, that he does 
not keep back any circumstances within his knowledge, to mislead the 
underwriter into a belief that the circumstance does not exist, and 
to induce him to estimate the risk as if it did not exist. The keeping 
back such circumstance is a fraud, and therefore the policy is void. 
Although the suppression should happen through mistake, without 
any fraudulent intention, yet still the underwriter is deceived, and the 
policy is void; because the risk run is really different from the risk 
understood and intended to be run, at the time of the agreement. 
The policy would be equally void against the underwriter, if he con¬ 
cealed any thing; as, if he assured a ship on her voyage, which he 
privately knew to be arrived; and an action would lie to recover the 
premium. The governing principle is applicable to all contracts and 
dealings. Good faith forbids either party, by concealing what he pri¬ 
vately knows, to draw the other into a bargain, from his ignorance of 
that fact, arid his believing the contrary. But either party may be in¬ 
nocently silfent as to grounds open to both to exercise their judgment 
upon. There are many matters as to what the assured may be 
innocently silent; he need not mention what the underwriter 
knows. An underwriter cannot insist that the policy is void, because 
the assured did not tell him what he actually knew, what way soever 
he came to the knowledge. The assured needs not mention what the 
underwriter ought to know ; what he takes upon himself the know¬ 
ledge of; or what he waves being informed of. The underwriter needs 
not to be told what lessens the risk agreed, and understood to be run 
by the express terms of the policy. He needs not be told general 
topics of speculation; as, for instance, the underwriter is bound to 
know every cause which may occasion natural perils ; as the difficulty 
of the voyage, the kind of season, the probability of lightning, hurri¬ 
canes, and earthquakes. He is bound to know every cause which may 
occasion political perils, from the rupture of states, from war, and the 
various operations of war. He is bound to know the probability of 
safety, from the continuance and return of peace ; from the imbecility 
of the enemy, through the weakness of their councils, or their want of 
strength. If an underwriter assures private ships of war, by sea and 
on shore, from ports to ports, and from places to places, any where, he 
needs not be told the secret enterprises upon which they are destined ; 
because he knows some expedition must be in view ; and from the 
nature of his contract, he waves the information, without being told. 
If he assure for three years, he need not be told any circumstance to 
show that it might be over in two : or, if he assure a voyage with 
liberty of deviation, he need not be told what tend* „o show there will 
be no deviation. Men argue differently, from natural phenomena and 
political appearances ; they have different capacities, different degrees 
of knowledge, and different intelligence. But the means of inform¬ 
ation and judging are open to both ; each professes to act from his 
own skill and sagacity, and therefore neither needs to communicate to 
the other. The reason of the rule, which obliges the parties to dis¬ 
close, is to prevent a fraud, and encourage good faith; it is adapted 
to such facts as vary the nature of the contract, which one privately 


FRAUD IN TOLICIES. 


865 


knows, and the other is ignorant of, and has no reason to suspect. 
The question, therefore, must always be, “ Whether there was, under 
all the circumstances, at the time the policy was underwritten, a fair 
statement, or concealment; fraudulent, if designed ; or, though not 
designed, varying materially the object of the policy, and changing 
the risk understood to be run ” 5 T. R. 580. 

If the assured be bound to disclose fairly all circumstances that may 
affect the risk, still more strongly is he called upon not to change the 
condition of his ship against the consent of the underwriter. Thus, 
in an assurance upon a ship and cargo, from Liverpool to Oporto, the 
ship sailed, but was driven back by contrary winds; and, before she 
could sail again, an embargo was laid. The assured applied to the 
underwriters for leave to put guns on board, and to take out a letter 
of marque. The underwriters consented to the guns for her defence, 
hut refused the letter of marque. Notwithstanding which, a general 
letter of marque was obtained, and put on board; the ship sailed, and 
was taken on her voyage out. The jury thought that the letter of 
marque was intended to be used only in the voyage home. The 
court, however, determined that this vacated the policy.— Dennison 
v. Modigliani , 5 T. R. 586. But to avoid the policy, the letter of 
marque must be valid in all its circumstances. — Moss v. Byron , 
6 T. R. 379. 

If a ship insured be condemned for carrying simulated papers, con¬ 
trary to the law of nations, without having liberty in the policy so to 
do, the ^underwriter is discharged by it.— Horneyer v. Lushington , 
15 E. R. 46. 

But taking out a false custom-house clearance, necessarily and in 
the bond Jide furtherance of a lawful adventure, does not vacate a 
policy.— Atkinson v. Abbott , 11 E. R. 135. 

Thirdly. We now come to the third division, namely, to cases in 
which policies are void by misrepresentation. Before we proceed to 
state the cases under this head, it will be proper to distinguish between 
a warranty and a representation. A warranty or condition is that 
which makes a part of the written policy, and must be more literally 
and strictly performed ; and, being a part of the agreement, nothing 
tantamount will do or answer the purpose. A representation is a 
statement in the case, not a part of the written instrument, but col¬ 
lateral to it, and entirely independent of it, and it is sufficient, that a 
representation be substantially performed. Warranties will be no¬ 
ticed hereafter. If there be a misrepresentation, it will avoid the 
policy, as a fraud, but not as a part of the agreement. Even written 
instructions, if they are not inserted in the policy, are only to be con¬ 
sidered as representations : and, in order to make them valid and 
binding, as a warranty, it is absolutely necessary to make them a part 
of the instrument, by which the contract of indemnity is effected. If 
a representation be false in any material point, it will avoid the policy; 
and if the point be not material the representation can hardly ever be 
fraudulent. A few of the decisions will elucidate these principles. 

Pawsonw. Watson, Cowper 785.—Upon a rule to show cause why 
a new trial should not be granted in this case, Lord Mansfield reported 
as follows : This was an action upon a policy of assurance, and verdict 
for plaintiff. At the trial it appeared in evidence, that the first under¬ 
writer had these instructions shown to him : ‘ <£3500 upon the ship 
Julius Caesar, for Halifax, to touch at Plymouth, and any port in 
America; she mounts twelve guns and twenty men.' 1 These instructions 
were not asked for, nor communicated to the defendant; but the ship 


886 


MARINE ASSURANCES. 


was only represented generally to him as a ship of force: and <£1000 
had been done, before the defendant underwrote any thing- upon her. 
The instructions were dated the 29th of June, 1776, and the ship 
sailed on the 23d of July, 1776; and was taken by an American 
privateer. That, at the time of her being taken, she had on board six 
four-pounders, four three-pounders, three one-pounders, six half- 
pounders, which are called swivels, and twenty-seven men and boys 
ill all, for the crew, b\it of them sixteen only were men , (not twenty, 
as the instructions mentioned,) and the rest boys. But the witness 
said, he considered her as being stronger with this force, than if she 
had twelve carriage-guns and twenty men : he also said, (which is a 
material circumstance,) that there were neither men nor guns on board 
at the time of the assurance. That he himself assured at the same 
premium without regard or inquiry into the force of the ship, Other 
underwriters also assured at the same premium, without any other 
representation than that she was a ship of force. That to every four- 
pounder there should be five men and a boy. That, in merchant 
ships, boys always go under the denomination of men. This was met 
by evidence on the part of the defendant, saying, that guns mean 
carriage-guns , not swivels; and men mean able men , exclusive of boys. 
The defence was, that, these instructions were to be considered as a 
warranty, the same as if they had been inserted in the policy, though 
they were not proved to have been shown to any but the first 
underwriter. 

Lord Mansfield.—“ There is no distinction better known to those 
who are at all conversant in the law of assurance, than that which 
exists between warranty , or condition, which makes a part of a written 
policy, and a representation of the state of the case. Where it is a 
part of the written policy, it must be performed. As, if there be a 
warranty of convoys, there must be a convoy; for, in case of the 
convoy, it might be said, the party would not have assured without 
convoy. Therefore, if there be a fraud in a representation, it will avoid 
the policy on account of the noncompliance with any part of the 
agreement. So that there cannot be a clearer distinction, than that 
which exists between a warranty, which makes part of the written 
policy, and a collateral representation, which, if false in a point of 
materiality , makes the policy void, but, if not material, it can hardly 
ever be fraudulent. The question then, is, whether, in this policy, 
the person assuring has warranted that the ship would positively and 
literally have twelve carriage-guns and twenty men ? that is, whether 
the instructions given in evidence are a part of the policy ? The answer 
to this is, read your argument; read your policy. There is no such 
thing to be found there. It is replied, yes, but in fact there is, for the 
instructions upon which this policy is made, contain that express stipu¬ 
lation. The answer again is, there never were any instructions shown 
to the defendant, nor were any asked for by him. 

“ What colour, then, has he to say that those instructions are any 
part of his agreement? It is said, he assured upon the credit of the 
first underwriter. A representation to the first underwriter has nothin** 
to do with that, which is the agreement, or terms of the policy. The 
representation amounts to no more than this : I tell you what the force 
will be, because it is so much the better for you. There is no fraud in 
it, because it is a representation only of what, in the then state of the 
ship, they thought would be the truth. And, in real truth, the ship 
sailed with a larger force ; for, she had nine carriage-guns and six 


887 


FRAUD IN POLICIES. 

swivels. The underwriters, therefore, had the advantage by the 
difference. There was no stipulation about what the weight of metal 
would be. It was a matter proper for the jury to say, whether the 
representation was false, or whether it was in fact an assurance as of 
a ship without force. They have determined, and I think very rightly, 
that it was an assurance without force, and therefore there can be no 
new trial. If, indeed, a man warrant that a ship should depart with 
twelve guns, and it depart with ten only, it is contrary to the condition 
of the policy .” 

If a representation be made to the underwriter of any circumstance 
which was false, this, if it be a material point, shall vacate the policy, 
and annul the contract, although it happen by mistake and without any 
fraudulent intention, or improper motive, on the part of the assured. 
The principle on which, in such a case, the contract is held to be void, 
is, that the assured is led into error, and computes his risk upon 
circumstances not founded in fact; by which means the risk actually 
run is different from that intended to be run, at the time the contract 
is made. 

Macdowall v. Fraser , Doug. 247.—This was an action on a policy 
of assurance on the ship “ the Mary and Hannah, from New York to 
Philadelphia. At the time when the assurance was made, which was 
in London, the 30th of January, the broker represented the situation 
of the ship to the underwriters as follows : “ The Mary and Hannah, 
a tight vessel, sailed with several armed ships, and was seen safe in 
the Delaware on the 11 th of December, by a ship which arrived at New 
York.” In fact, the ship was lost on the 9th of December, by running 
against a chevaux de frise, placed across the river. The cause came on 
to be tried before Lord Mansfield, at Guildhall. This was held to be 
a material misrepresentation as to the time when the ship was seen ; 
and the representation and the day of the loss being proved, the jury 
found for the defendant. 

In a subsequent case, Lord Mansfield and the rest of the court were 
clearly of opinion, that, if the broker, at the time when the policy is 
effected, in representing to the underwritei the state of the ship, and 
the last intelligence concerning her, does not disclose the whole, and 
what he conceals shall appear material to the jury, they ought to find 
for the underwriter, the contract in such case being void; although 
the concealment should have been innocent, the facts not mentioned 
having appeared immaterial to the broker, and having not been 
communicated merely on that account.— Shirley v. Wilkinson, Doug. 
293.— Bridges v. Hunter , 1 M. & S. 15, and Willis v. Glover, 1 N. 
Rep. 14. 

In order to vitiate the contract, the thing concealed must be material, 
it must be some fact, and not merely a supposition or speculation of 
the assured ; and the underwriter must take advantage of any misre¬ 
presentation the first opportunity, otherwise he will not be allowed to 
claim any benefit from it at a future period. If, therefore, the assured 
merely represent that he expects a thing to. be done, the contract will 
not be void, although the event should turn out very different from his 
expectation.— Barber v. Fletcher, Doug. 292, and Taylor v. Wilson, 
15 E. R. 324. 

Wherever there has been an allegation of a falsehood, a conceal¬ 
ment of circumstances, or a misrepresentation, it is immaterial whether 
such allegation or concealment be the act of the person himself, who 
is interested, or of his agent, or whether it arise from inattention or 


888 


MARINE ASSURANCES. 


negligence: for, in either case, the contract is founded in deception, 
and the policy is consequently void.— Fitzherbert v. Mather , 1 T. R. 
12. A. abroad, having two warehouses, writes to this country to effect 
an insurance upon one of them only, without stating, as was the fact, 
that an adjoining house had been on fire that evening, and was in 
danger of breaking out again ; and sent his letter after the regular post 
time. The fire broke out again the next day but one following, and 
consumed A.’s warehouse. It was holden, that, though the conceal¬ 
ment might not be fraudulent, it was material.— Bufe v. Turner , 
6 Taunt. 338. 

Where the assured, knowing that his ship had sailed from the coast 
of Africa on a certain day, only states that she was on the coast on that 
day, this is a material concealment.— Ratcliffe v. Shoolbred , 1 Marshall, 
466. 

If the assured was supposed to be guilty of a fraud, the proof of it 
falls upon the underwriter; direct and positive proof is not necessary ; 
but circumstantial evidence is all that can be expected, and, indeed, 
all that is necessary to substantiate such a charge. 

It remains to be considered, how far the assurer may retain the 
premium, or is bound to return it, in cases where the policy is void, on 
account of the frauds which have been treated of in this division. This 
question was decided in the case of Chapman and others , assignees of 
Kennet v. Fraser , where it was expressly determined, that, in case of 
actual fraud on the part of the assured or his agent, the underwriter 
might retain the premium. Hence, too, it would seem that the under¬ 
writer is bound to return the premium, where fraud is rather by the 
construction of the law, than by the actual conduct of the assured.— 
Trinity Term, K. B. 33 Geo. III. 

So, if an underwriter be guilty of concealment or fraud, he is liable 
to return the premium ; as if he assure a ship on her voyage, which he 
privately knew to be arrived.—3 Burr. 1909. 

11. SEA-WORTHINESS. 

Every s.hip assured must, at the time of the assurance, be able to 
perform the voyage, unless some external accident should happen : and, 
if she have a latent defect, though wholly unknown to the parties, that 
will vacate the contract; and the assurers are discharged. This 
doctrine is founded upon that general principle of assurance law, that 
the assurers shall not be responsible for any loss arising from the 
insufficient or defective quality or condition of the thing assured. 

But, although the assured ought to knew whether the ship was sea¬ 
worthy or not at the time she set out upon her voyage, yet he may not 
be able to know the condition she may be in after she is out a twelve¬ 
month ; and, therefore, whenever it can be made appear, the decay, to 
which the loss is attributable, did not commence till a period subsequent 
to the assurance, as she was sea-worthy at the time, the underwriter 
would be liable. In a late case, Eden v. Parkinson, Doug. 708, the 
same principle was much relied upon. Lord Mansfield said, “ By an 
implied warranty, every ship assured must be tight, staunch, and 
strong; but, it is sufficient if she be so at the time of her sailing. She 
may cease to be so in twenty-four hours after departure, and yet the 
underwriter will continue liable.” But if a ship sail upon a voyage, 
and in a day or two become leaky, and founder ; or be obliged to return 
to^ri, without any storm, or visible or adequate cause to produce such 


ILLEGAL VOYAGES. 


SS9 


an effect; the presumption is, that she was not sea-worthy when she 
sailed ; and the jury, without any evidence on the part of the defendant, 
may draw such a conclusion.— Munro v. Vandam , Sitting's before Lord 
Kenyon, Mich. 1794.—Every case of this kind must depend upon its 
own circumstances: but, when they are once ascertained, the rule of 
law is clear and decisive. 

Sea-worthiness being an implied condition, in the contract of assur¬ 
ance, it is not necessary there should be any previous representation 
of the condition of the ship, unless particularly called for, because, 
unless it be fit for the performance of the voyage assured, there is 
no binding contract.— Shulbred v. Nutt , Sittings at Guildhall after 
Hilary, 1782.— Haywood and another v. Rodger , T. R. Hilary, 44 
Geo. III. 

If it be necessary that the ship itself should be sufficient for the 
voyage, it is also an implied condition, that she should be furnished 
with every thing necessary for the purpose of safe and careful navi¬ 
gation. Not only must the ship herself be sea-worthy, but she must 
have a sufficient crew, a captain of competent skill, and a pilot on 
board, wherever a pilot is customarily employed.— Law v. Hollings¬ 
worth, 7 T. R. 160. 

A vessel defective in sails necessary to facilitate her escape from an 
enemy, and to enable her to proceed with expedition, has been held 
not to be sea-worthy.—1 Campb. 1. 

12. ILLEGAL VOYAGES. 

Whenever an assurance is made upon a voyage expressly prohibited 
by the common, statute, or maritime law of the country, the policy is 
of no effect, being void from the beginning. 

Even if it be told to the underwriter, that the voyage is illicit, he 
shall not be bound, because the contract is null and void.—Bynk. 
Quaest. Jur. Pub. 1. i. c. 21. 

If a ship, though neutral, be assured on a voyage prohibited by an 
embargo, laid on in time of war, by the prince of the country in whose 
ports the ship happens to be, such an assurance is also void.—1 Black. 
Com. 270. 

It follows, of course, that any act done in contravention of a procla¬ 
mation of this nature, is illegal and criminal; because it is equally 
binding as an act of parliament, and a contract founded on such illicit 
proceedings is consequently void.— Delamada v. Motteaux , Mich. 25, 
Geo. III. 

Though an assurance upon a smuggling voyage, prohibited by the 
revenue laws of this country, would be void under the principle above 
stated; yet the rule has never been supposed to extend to those cases 
where the ships have traded or intended to trade, contrary to the 
revenue laws of foreign countries, because no country takes notice of 
the revenue laws of another; in such cases, therefore, the policy is 
good and valid; and, if a loss happens, the underwriter will be 
answerable.— Planche v. Fletcher, Doug. 238. 

The case of Camden and others v. Anderson , was that of an assurance 
made in direct contravention of the exclusive right of trading granted 
to the East India Company by various acts of parliament. The 
underwriters were deemed not to be liable.—6 T. R. 725. 

Soon afterwards, a ^case occurred, in which the rights of the East 
India Company, as far as they were affected by the treaty between this 


890 


MARINE ASSURANCES. 


country and America, came to be discussed in an action on a policy of 
assurance. By the 13th article of that treaty, confirmed by 37 Geo. 
III. c. 97, § 22, the United States of America are permitted to trade 
to and from the British territories in India. This was an assurance, 
“ at and from Bourdeaux to Madeira and the East Indies, and back 
to America.” 

It was contended, 1st, That the trade which the treaty meant to 
tolerate was a direct one between America and the East Indies; and 
2dly, that the persons for whose benefit this assurance was effected 
were not entitled to the benefit of the treaty, they being 1 natural-born 
subjects of Great Britain, but had been domiciliated in America, and 
received there as citizens of those states. The court were of opinion 
that the trade, allowed by the treaty, need not be direct, but might be 
carried on circuitously through any country of Europe, including Great 
Britain; and farther that, though a natural-born subject cannot throw 
off his allegiance, yet he may be a citizen of America for the purpose 
of commerce, and entitled, in the latter character, to all the benefits of 
the treaty. The plaintiffs therefore recovered.— JVilson v. Marry at y 
8 T. R. 31. and 1 Bos. and Pull. 430. 

Though a ship may have committed some act in a former voyage, 
for which she is liable to seizure, yet an assurance on her for a par¬ 
ticular voyage is legal; as, if it were otherwise, the consequence 
might be extended ad infinitum,.—Bird and others v. Appleton , 8 
East, 562. 

If a ship be assured at and from A. to B. and there be any illegality 
in her traffic during her stay at A. the assured cannot recover on a policy 
for a loss happening between A. to B. 

Trading with an enemy without the king’s licence is illegal; as also, 
in time of war, to bring, even in a neutral ship, goods purchased by an 
agent in the enemy’s country, after the eruption of hostilities; even 
though they were not purchased of the enemy; and the benefit of an 
assurance, effected for the commission of these acts, is forfeited.— 
Potts v. Bell and others , in error, 8 T. R. 548.—Previous judgment for 
the defendants in the common pleas reversed. 

We may conclude the present subject with this principle ; that all 
assurances upon a voyage generally prohibited, such as to an enemy’s 
garrison, or upon a voyage directly contrary to an express act of 
parliament, or to royal proclamation in time of war, are absolutely 
null and void. 


13. PROHIBITED GOODS. 

See the 6 Geo. IV. c. 107. for lists of prohibited goods inwards 
and outwards, pages 457 and 471. All assurances upon goods, for¬ 
bidden to be exported, or imported, by positive statutes, or by the 
king’s proclamation in time of war ; or which from the nature of the 
commodity, and by the laws of nations, must necessarily be contraband, 
are absolutely null and void. Under the first division may be ranked, 
all offences against the revenue laws of this country: and, therefore, 
if an assurance were made in order to protect smuggled goods, such 
assurance would doubtless be of no effect, and the insurer may take 


WAGER POLICIES. 


891 


advantage of the objection though he knew the trade to be illegal. 
To this head, also, may be referred any breach of the regulations 
established for the protection, encouragement, and advancement of our 
commercial and naval interests. 

There are likewise some commodities which, from their nature, as 
well as by the law of nations, are contraband ; and, upon this subject, 
all writers agree in establishing this as a settled, undisputed rule, that 
whoever conveys any necessaries to a besieged town, camp, or port, 
is guilty of a breach of the law of nations. This being the case, an 
assurance upon such commodities must necessarily be void and of no 
effect, agreeably to the principles which have been advanced. 

But assurances upon goods, the exportation or importation of which 
are forbidden by the laws of other countries, are valid ; because one 
nation never takes notice of the revenue laws of another.—Doug. 238. 

14. WAGER POLICIES. 

We now proceed to treat of those policies which, by the positive 
statute laws of the country, are declared to Be absolutely null and void. 
Of these the largest class are wager policies, or policies, as they are 
called, “ upon interest or no interest .” 

While policies upon interest or no interest were legal, there was this 
difference between them and the assurance upon interest: namely, in 
the latter the loss actually sustained, whether total or partial, was 
recovered ; and in the former there could be no recovery but for a total 
loss. The former of these kinds having given rise to wagering specu¬ 
lations of considerable and detrimental extent, an act of parliament 
passed in the 19th year of the reign of King George II. c. 37, intituled, 
“An act to regulate assurance on ships belonging to the subjects of 
Great Britain, and on merchandises or effects laden thereon.” We 
here cite so much of it as relates to the immediate subject of inquiry. 

The preamble states : “ Whereas it hath been found, by experience, 
that making assurances interest or no interest , or without farther proof 
of interest than the policy, hath been productive of many pernicious 
practices, whereby a great number of ships, with their cargoes, have 
either been fraudulently lost and destroyed, or taken by the enemy in 
time of war: and such assurances have encouraged the exportation of 
wool, and the carrying on many other prohibited and clandestine trades, 
which, by means of such assurances, have been concealed, and the 
parties concerned secured from loss, as well to the diminution of the 
public revenue as to the great detriment of fair traders ; and, by intro¬ 
ducing a mischievous kind of gaming or wagering, under pretence of 
assuring the risk on shipping and fair trade, the institution and laudable 
design of making assurances hath been perverted ; and that which was 
intended for the encouragement of trade and navigation, has, in many 
instances, become hurtful of and destructive to the same.” 

§ 1. “ For remedy whereof it is enacted, that no assurance or assur¬ 
ances shall be made by any person or persons, bodies corporate or 
politic, or any ship or ships belonging to his Majesty, or any of his 
subjects, on any goods, merchandises, or effects, laden or to be laden on 
board of any ship or ships, interest or no interest, or without farther 
proof of interest than the policy, or by way of gaming or wagering, or 
without benefit of salvage to the assurer : and that every such assurance 
.shall be null and void to all intents and purposes. 

§ 2. “ Provided always that assurances on private shij)s of war, 


892 MARINE ASSURANCES. 

fitted out by any of his Majesty’s subjects solely to cruise against his 
Majesty’s enemies, may be made by, or for, the owners thereof, interest 
or no interest, free of average, or without benefit of salvage to the 
assurer ; any thing’ herein contained to the contrary thereof in anywise 
notwithstanding.” 

§ 3. “ Provided also, that any merchandise or effects, from any port 
or place in Europe or America, in the possession of the crowns of Spain 
or Portugal, may be assured in such way and manner, as if this act had 
not been made.” 

By the first section of the act, it is clear, that, at this day, all assur¬ 
ances made contrary to it, are absolutely void, and of no effect. It 
may now be material to consider, first, what cases have been held not 
to fall within its description : and, secondly, those in which the policies 
have consequently been holden to be void. 

This act does not extend to assurances of foreign property , and on 
foreign ships.— Thelluson v. Fletcher , Doug. 301.— Craufurd v. Hunter , 
2 T. R. 

It was formerly thought, that a valued policy was a wager policy, 
like interest or no interest; but this idea is now exploded. Of the 
difference between open and valued policies much has been already 
said ; and the origin of the latter was derived from this source: it being 
sometimes troublesome to the trader to prove the value of his interest, 
or to ascertain the quantity of his loss, he gave the assurer a higher 
premium to agree to estimate his interest at a precise sum. To recover 
upon this kind of policy, the assured need only prove, that he had an 
interest, without showing the value. If, indeed, it appeared, or could 
be made to appear, that the interest proved was mereiy a cover to a 
wager, in order to evade the statute, there is no doubt such a policy 
would be void.— Kent v. Bird, Cowp. 583. 

In an assurance on the profits expected to arise on a cargo of mo¬ 
lasses belonging to the plaintiff, who had a contract with government 
to supply the army with spruce-beer, Lord Mansfield thought it an 
assurable interest, and not contrary to the act of parliament, although 
a clause in the policy declared, “ that, in case of loss, it was agreed 
that the profits should be valued at <£1000, without any other voucher 
than the policy.” He added, “ the meaning of this policy is not to 
evade the act of parliament, but to avoid the difficulty of going into 
an exact account of the quantum. I cannot distinguish it from a 
valued policy ; and there is no pretence for saying it is a wagering 
one.”— Grant v. Parkinson, Mich. 22 Geo. III. 

So likewise, in a latter case, where the interest was declared by the 
policy to be on the commissions of the plaintiff as consignee of the cargo , 
valued at £1500, Lord Kenyon expressed a very strong opinion, that 
this was a good assurable interest; but, the matter being compromised, 
it did not come to any decision. Flint v. Le Mesurier , Sittings after 
Hilary Term, 1796, at Guildhall. 

In another case it appeared, that an assurance had been made upon 
any of the packet-boats that should sail from Lisbon to Falmouth, or 
such other port in England as his Majesty should direct, for one year, 
upon any kind of goods and merchandises whatsoever. And it was 
agreed that the goods and merchandises should be valued at the sum 
assured on such packet-boat, without further proof of interest than the 
policy, and to make no return of premium from want of interest, being 
on bullion or goods. The assured had an interest in bullion on board 


REASSURANCE, AND DOUBLE ASSURANCE. 893 

the Hanover packet, which was lost within the time mentioned in the 
policy. The court held that this was an action of a peculiar sort; 
and was an exception out of the statute of the 19th Geo. II. c. 37, 
coming within the proviso in the third section (just quoted.) It is a 
mixed policy; partly a wager policy, partly an open one ; and it is a, 
valued policy, and fairly so without fraud or misrepresentation. 
Therefore the loss, having happened, the assured is entitled as for a 
total loss. 

It has also been solemnly settled, that, upon a joint capture by the 
army and navy, the officers and crews of the ships, before condemn¬ 
ation, have an assurable interest, by virtue of the prize-act, which 
usually passes at the commencement of a war.— Le Cras v. Hughes , 
B. R. 22 Geo. III. 

So, in a modern case, it had been holden, that the captors of ships 
seized by them as prize, have an assurable interest in them, in the 
voyage home, for the purpose of bringing them to adjudication in the 
admiralty.— Boehm v. Beil, 8 T. R. 154. 

In a case, where a house in Spain, who were indebted to the plain 
tiffs, had consigned goods to Messrs. Dubois, and endorsed the bill of 
lading to them, with a letter annexed, directing them to hold a part 
of the said goods for the use of the 'plaintiffs: it was held, that the 
plaintiffs, although they had not ordered the goods, had yet an assur¬ 
able interest , being creditors of the house in Spain.— Hill and another 
v. Secretan , 1 Bos. and Pull. 315. 

In the construction of the act it has been holden, that all assur¬ 
ances, made by persons having no interest in the event about which 
they assure, or without reference to any property on board, are merely 
wagers, destructive of the true end for which this contract was intro¬ 
duced into the mercantile world ; and therefore are to be considered 
as absolutely null and void.— Kent v, Bird, Cowp. 583. 

Where a man assures ,£2000, and it turns out in proof that he has 
an interest to the value of a cable only, such an interest will never be 
allowed to operate so as to evade the statute. Indeed, wherever the 
court can see, upon the face of the policy, that it is merely a contract 
of gaming, where indemnity is not the object in view, they are bound 
to declare such policy void. — Lowry and another v. Bourdieu , 
Doug. 451. 

The second section of the act in question, which allows of assur¬ 
ances being made on private ships of war, interest or no interest, 
seems sufficiently clear, and requires no explanation. 

15. REASSURANCE, AND DOUBLE ASSURANCE. 

Reassurance may be said to be a contract, which the first assurer 
enters into, in order to relieve himself from those risks which he has 
incautiously undertaken, by throwing them upon other underwriters, 
who are called reassurers. 

The reassurer is wholly unconnected with the original owner of the 
property assured ; and as there is no obligation between them origin¬ 
ally, so none is raised by the subsequent act of the first underwriter. 

Although such, a contract seems perfectly fair and reasonable in 
itself; yet, the practice was so much abused, and turned to purposes 
so pernicious to a commercial nation, and so destructive of those very 
benefits it was originally intended to promote and encourage, that the 


894 


MARINE ASSURANCES. 


legislature interposed, and by a positive law, to cut off all opportunity 
of practising those frauds in future, which were become glaring and 
enormous. 

Accordingly, by the fourth section of the 19th Geo. II. c. 37, it is 
enacted, “ that it should not be lawful to make reassurance , unless the 
assurer should be insolvent , become a bankrupt * or die ; in either of 
which cases, such assurer, his executors, administrators, or assigns, 
might make reassurance, to the amount before by him assured, provided 
it should be expressed in the policy to be reassurance.” 

This act is worded in such express terms, excluding every species - 
of reassurance, except in the three instances of death, bankruptcy, or 
insolvency, that a doubt, as it would seem, could hardly be founded 
upon it. But as it was held that the first clause of the statute, pro¬ 
hibiting assurances interest or no interest , did not extend to foreign 
ships: so it was argued that reassurances made here on ships of 
foreigners did not fall within the act. This point came on to be con¬ 
sidered in the court of king’s bench, in the year 1787, in the form of 
a special case, stating, that a reassurance was made by the defendant 
on a French vessel, first assured by a French underwriter at Marseilles, 
who was living, and who, at the time of subscribing the second policy, 
was solvent. 

The court were of opinion that this policy of reassurance was void : 
and that every reassurance in this country, either by British subjects 
or foreigners, on British or foreign ships, is void by the statute, unless 
the first assurer be insolvent , become a bankrupt, or die.—Andree v. 
Fletcher, 2 T. R. 161. 

But, it seems, an agreement between two underwriters, that the sub¬ 
scription to a policy by one shall be considered as transferred to the 
other, is not a reassurance within the statute, unless the premium 
paid to the second underwriter be less than what the first received.— 
Delver v. Barnes , 1 Taunt. 48. 

A double assurance is where the same man is to receive two sums 
instead of one, or the same sum twice over, for the same loss, by 
reason of his having made two assurances upon the same goods or the 
same ship. The first distinction between these two contracts is, that a 
reassurance is a contract made by the first underwriter, his executor, 
or assigns, to secure himself or his estate; a double assurance is 
entered into by the assured. A reassurance, except in the cases pro¬ 
vided for by the statute, is absolutely void ; a double assurance is not 
void ; but still the assured shall recover only one satisfaction for his 
loss. Where a man has made a double assurance, he may recover his 
loss against which of the underwriters he pleases, but he can recover 
no more than the amount of his loss. It being thus settled, that the 
assured shall recover but one satisfaction, and that, in case of double 
assurance, he may fix upon which of the underwriters he will for the 
payment of his loss, it is a principle of natural justice, that the several 
assurers should all of them contribute in their several proportions, to 
satisfy that loss, against which they have all assured. 


* By the 19th Geo. II. c. 32, § 2, it is enacted that, when any obligor in a re¬ 
spondentia or bottomry bond, or any underwriter of a policy of assurance, become 
bankrupt before the loss of a ship or goods mentioned in such bonds or policies, the 
obligee of any such bond, or the assured in such policy, may, incases of subsequent 
loss, pro re their claims under such commission of bankruptcy, and be entitled to divi¬ 
dends as other creditors. 



895 


DEVIATION. 

Thus it has been ruled, and seems the course of practice, that, upon 
a double assurance, though the assured is not entitled to two satis¬ 
factions, yet, upon the first action, he may recover the whole sum 
assured, and may leave the defendant therein to recover a rateable 
satisfaction from the other assurers. — Newby v. Reed, 1 Black 
R. 416. 

Thus also it was determined in a subsequent case at Guildhall.— 
Rogers v. Davis, Sittings in Michaelmas vacation, 17 Geo. III. before 
Lord Mansfield. 

Although a .man, by making a double assurance, should not be 
allowed to recover a double satisfaction for the same loss, yet various 
persons may assure various interests on the same thing, and each to 
the whole value, (as the master for wages, the owner for freight, one 
person for goods, another person for bottomry,) and such a contract 
does not fall within the idea of a double assurance.—1 Burr. 496. 

16. CHANGING THE SHIP. 

Changing the ship, or, as it is commonly called, changing the bot¬ 
tom, will operate as a bar to the assured’s recovering upon a policy of 
assurance against the underwriter. Except in some special cases of 
assurances upon ship or ships, or other words in the policy admitting 
extraordinary latitude ; (see Le Mesurier v. Vaughan, 2 Smith, 492; 
and Lynch v. Hamilton, 3 Taunt. 37 ;) it is essentially requisite, to 
render a policy of assurance effectual, that the name of the ship, on 
which the risk was to be run, should be inserted. This being done, it 
follows, that the assured shall neither substitute another ship for that 
mentioned in the policy, before the voyage commences, nor, during 
the course of the voyage, remove the property assured to another ship, 
without consent of the underwriter, or without being impelled by a 
case of unavoidable necessity. 

17. DEVIATION. 

Deviation means a voluntary departure, without necessity, or any 
reasonable cause, from the regular and usual course of the specific 
voyage assured. Whenever a deviation of this kind takes place, the 
voyage is determined ; and the underwriters are discharged from any 
responsibility. It is necessary to insert, in every policy of assurance, 
the place of the ship’s departure, and also of her destination. Hence 
it is a condition, on the part of the assured, that the ship shall pursue 
the most direct course, of which the nature of things will admit, to 
arrive at the destined port. If this be not done, if there be no special 
agreement to allow the ship to go to certain places out of the usual 
track, or if there be no just cause assigned for such a deviation, the 
underwriter is no longer bound by his contract. Nor is it at all ma¬ 
terial, whether the loss be or be not an actual consequence of the 
deviation; for, the assurers are in no case answerable for a subsequent 
loss, in whatever place it happens, or to whatever cause it may be 
attributed. Neither does it make any difference, whether the assured 
was or was not consenting to the deviation. 

The plaintiff was a shipper of goods in a vessel bound from Dart¬ 
mouth to Liverpool. The ship sailed from Dartmouth and put into 
Looe ; a place she must of necessity pass by in the course of the assured 
voyage. But, as she had no liberty given her by the policy to go into 


696 


MARINE ASSURANCES. 


Looe , and although no accident, befell her in going to or coming out 
of Looe, (for she was lost after she got out to sea again,) yet Mr. Jus¬ 
tice Yates held that this was a deviation, and a verdict was accordingly 
found for the underwriters.— Fox v. Black , Exeter Assizes, 1767, 
before Mr. Justice Yates. 

In another case, an action was brought upon a policy upon goods 
and other merchandises, loaded on board the ship called the Charming 
Nancy, from Dunkirk to Leghorn. The ship came to Dover in her 
way to procure a Mediterranean pass, and was afterwards lost. Lord 
Mansfield was of opinion, that the calling at Dover was a deviation : 
and the plaintiff was nonsuited.— Townson v. Guyon , before Lord 
Mansfield. 

It was held, by Lord Chief Justice Lee, that, if the master of a 
vessel put into a port not usual, or stay an unusual time, it is a devia¬ 
tion, and discharges the assurer. 

It has also been held, that, even where there is a permission given 
to touch and, stay at a place, that confers no privilege on the assured 
to break bulk, or to unload any part of the cargo.— Stitt v. JVardcll , 
Mich. 1797. 

But this strictness is now relaxed, In a subsequent case, Mr. 
Justice Lawrence seemed to question the authority of Stitt v. Wardell , 
and Mr. Justice Leblanc said, “ That the reason why a liberty was some¬ 
times expressly reserved for a ship to touch, stay, and trade , was, not 
because this was impliedly excluded in every policy in which no such 
liberty was reserved, but to justify the delay in trading ; and when 
there was no delay, he could see no reason to imply a condition which 
the parties had not made.” 

In a case upon a policy of assurance on a ship at and from Fisherow 
to Gottenburg, and back to Leith and Cockenzie, it appeared that, in 
the homeward voyage, she went first to Cockenzie, which lay nearer 
to Gottenburg than Leith, and was stranded in the harbour of Cock¬ 
enzie. The court were of opinion, that, unless there be some usage 
proved, or some special facts, to vary the general rule, the party as¬ 
sured must go to the several places mentioned in the policy, in the 
order in which they are named; and that, to depart from that course 
is a deviation.— Beatson v. Haworth, 6 T. R. 531. 

So, where a ship was assured, “ at and from Lisbon to a port in 
England, with liberty to call at any one port in Portugal for any 
purpose whatever.” The ship sailed from Lisbon to Ferro, to com¬ 
plete her loading. Ferro being a port to the southward of Lisbon, and 
lying directly out of the course of the voyage to England, Lord Ken¬ 
yon was of opinion that it was a deviation ; as the liberty given must 
be restrained to mean some port lying in the fair course of the voyage. 
—Hogg v. Horner , Mich. T. 1797. It has even been holden that, 
where an insurance was effected on a ship to a particular port of 
destination, to which were two distinct courses, each of which had 
some advantages and some disadvantages, and it was usual to leave it 
to the judgment of the captain to select either: the depriving the 
captain of that election, without apprizing the underwriter, was 
a deviation from the common course, and avoided the policy.— 
Underwood v. Blake, 7 T. R. 162. 

These principles being once established, it follows, as a necessary 
consequence, that, however short the time of deviation may be, if 
only for a single night, or even for an hour, the underwriter is equally 
discharged as if there had been a deviation for weeks or months; 


DEVIATION. 897 

for the condition, being once broken, no subsequent act can ever 
make it good. 

The ship George was bound from Cork to Jamaica, with a convoy, 
in the course of a war. The captain, in concert with two other ves¬ 
sels, took advantage of the night, and, being ships of force, cruised, 
and thereby deviated out of the direct course of their voyage, in 
hopes of meeting with a prize. Lord Camden clearly held, and a 
special jury of merchants, agreeably to his directions, determined that, 
from the moment the George deserted or deviated from the direct 
voyage to Jamaica, the policy was discharged.— Cock v. Townson , 
C. P. before Lord Camden. 

In a modern case, however, it seemed to be the general opinion of 
Lord Mansfield and a special jury, and was sworn to be the usage by 
several witnesses, that, if a merchant ship carry letters of marque, she 
may chase an enemy, though she may not cruise , without being deemed 
guilty of a deviation. 

On an assurance of the Mary, at and from London to Cork and 
the West Indies, the question was, whether a ship, having letters of 
marque, could chase an enemy’s ship, without being said to have 
deviated. The facts were, that in the night the Mary had descried a 
Spanish sail; and, after chasing, lost sight of her six hours, till the 
morning, when they engaged. The Mary did not make a prize of the 
Spanish sail, but she proceeded on her voyage, and was afterwards 
captured. It was agreed on all hands, that a ship, in such circum¬ 
stances, might not cruise; and several witnesses spoke to the usage 
and practice of ships, which carried letters of marque, chasing an 
enemy. It was admitted, on the part of the assurers, that, if an 
enemy came in the way, the ship must defend or engage ; but con¬ 
tended, that, if the letter of marque lost sight of an enemy, then it 
was no longer chasing but cruising. Lord Mansfield left it upon the 
evidence, to the jury, who found for the plaintiffs ; thereby deciding 
the question in the affirmative.— Jolly v. Walker , at Guildhall, 
Easter Vacation, 1781. 

But, in a later case, the judges were unanimously of opinion, that, 
if the assured, without the knowledge of the underwriters , take out a 
letter of marque, (but without a certificate, which, by the prize-act, 
is necessary to its validity,) for the purpose of inducing the seamen 
to enter, and without any intention of cruising , this does not so 
essentially vary the risk as to vacate the policy.— Moss v Byrom , 
6 T. Pv. 379. 

A voluntary deviation from the voyage assured vitiates a policy 
upon freight , as well as upon ships and goods. Thus on an assurance 
on freight of the ship Bethiah, at and from Bourdeaux to Virginia , it 
appearing that the goods were to be carried in the ship from Bour¬ 
deaux to St. Domingo, and that she was only to call at Norfolk, in 
Virginia, for orders; Lord Kenyon was of opinion, that the under¬ 
writers had a right to expect that the goods, upon which the freight 
was payable, were consigned to Virginia, and not to another place, 
and that the calling at Norfolk for orders was a deviation.— Murdock 
v. Potts, Sittings at Guildhall after Trinity, 1795. 

This decision, however, seems to be overruled by Taylor v. Wilson , 
15 East, 324, which decides that freight may be insured, as well as 
ship and goods, for part of a voyage only, and the underwriters need 
not be informed of the ship’s ultimate destination. 

If a ship have the liberty of visiting two or more places by the 

3 M 


898 


MARINE ASSURANCES. 


policy, if she visit more than one, she must proceed according to the 
order in which the said places are mentioned in her policy; but must 
not sail to one place, and then depart retrogressively towards another. 
—Marsden v. Reid , 3 E. R. 572. 

A vessel which is permitted by her policy to chase, capture, and 
man prizes, is not warranted in shortening sail and lying to , in order 
to let the prize keep up with her for the purpose of being protected 
or convoyed into port, although such port be within the limits of the 
voyage assured.— Lawrence v. Sidebotham, 6 E. R. 

But, whenever the deviation arises from necessity and a just cause , 
the underwriter still remains liable, although the course of the voyage 
is altered.—Rocus, n. 52. 

The ship Mediterranean went out in the merchant service with a 
letter of marque, and bound from Bristol to Newfoundland, assured 
by the defendant. In her voyage she took a prize, and returned with 
it to Bristol, and received back a proportionable part of the premium. 
Then another policy was made, and the ship set out, with express 
orders from the owners, that, if another prize was taken, the captain 
should put some hands on board such prize, and send her to Bristol; 
but that the ship in question should proceed with the merchants’ goods. 
Another prize was taken in the due course of the voyage, and the 
captain gave orders to some of the crew to carry her to Bristol, and 
designed to go on to Newfoundland ; but the crew opposed him, and 
insisted he should go back, though he acquainted them with his 
orders ; upon which he was forced to submit; and, on his return, his 
own ship was taken, but the prize got in safe. And now, in an 
action against the underwriters, it was insisted, that this was such a 
deviation as discharged them. But the court and jury held, that this 
was excused by the force upon the master, which he could not resist, 
and therefore fell within the excuse of necessity, which had always 
been allowed. So the plaintiff had a verdict for the sum assured.— 
Elton v. Brogden, 2 Stra. 1264. 

The first ground of necessity, which justifies a deviation, is that of 
going into port to repair. If a ship be decayed, or receives material 
and imminent danger in her voyage, which cannot be repaired at sea, 
and goes to the nearest place to refit, it is no deviation, because it is 
for the general interest of all concerned, and consequently for that of 
the underwriters, that the ship should be put in a proper condition 
capable of performing the voyage.— Motteux v. the London Assurance 
Company , 1 Atk. 545; and Guibert v. Redshaw, Sittings in London, 
Hilary Vacation, 1781. 

The next excuse for leaving the direct course is stress of weather. 
Upon this point the rule is this, that, whenever a ship, in order to 
escape a storm, goes out of the direct course, or when, in the due 
course of the voyage, she is driven out of it by stress of weather, this 
is no deviation. It has also been held, that, if a storm drive a ship 
out of the course of her voyage, and she do the best she can to get 
to her port of destination, she is not obliged to return to the point 
from which she was driven.— Harrington v. Holkeld, Sittings in Lon¬ 
don, Mich. Vac. 1778. 

If a ship be driven out of her port of loading by stress of weather, 
into another, and then does the best she can to get to her port of 
destination, it shall not be deemed a deviation, though she do not 
return to the port whence she was driven.— Delaney v. Stoddart , 


DEVIATION. 


899 


A deviation may also be justified, if done to avoid an enemy, or 
seek for convoy : because it is in truth no deviation to go out of the 
course of a voyage, in order to avoid danger, or to obtain protection 
against it.— Bond v. Gonsales, 2 Salk. 445.— Gorden v. Morley ,— 
Campbell v. Bordieu, 2 Stra. 1265. 

In the case of Bond against Nutt, in which the material question 
was, whether a warranty had or had not been complied with, the point 
of deviation for the purpose of procuring convoy also came under 
consideration of the court. Upon that occasion Lord Mansfield 
and the whole court held, that, if a ship go to the usual place of ren¬ 
dezvous, for the sake of joining convoy there ready, though such place 
be out of the direct course of the voyage, it is no deviation.—Cowp. 
601. 

And, in a more modern case, the only question was, whether there 
was a deviation or not ? Lord Mansfield there directed the jury to 
find for the plaintiffs, if they believed that the captain fairly and bond 
fide acted according to the best of his judgment; that he had no 
other view or motive but to come the safest way home, and to meet 
with convoy; for, that it was no deviation to go out of the way to 
avoid danger.— Enderby and another v. Fletcher, Sittings in London, 
Trin. Vac. 1780. 

If, by the usage of any particular trade, it is customary to stop at 
certain places lying out of the direct course from A. to B., it is not 
a deviation to stop there, because it is a part of the voyage ; but, in 
order to justify the captain of a ship in quitting the straight and direct 
line from the port of loading to that of delivery, there must be a precise, 
clear, and established usage upon the subject, not depending merely 
upon one or two loose and vague instances. 

Where a ship was assured from Liverpool to Jamaica, and had put 
into the Isle of Man, it appeared that there were some instances of the 
Liverpool ships putting in there, but it was not the settled, common, 
established, and direct usage of the voyage and trade; it was there¬ 
fore held a deviation, and the underwriters were discharged from any 
loss that happened subsequent to the deviation.— Salisbury v. Townson. 

So also if a ship be assured upon a trading voyage, it is incumbent 
on the parties assured to carry on that trade with the usual and rea¬ 
sonable expedition; otherwise their conduct will amount to a devi¬ 
ation, and discharge the policy.— Hartly v. Buggin , K. B. Mich. 
22 Geo. III. 

But though an actual deviation from the voyage assured is thus 
fatal to the contract of assurance, yet a deviation merely intended , 
but never carried into effect, is considered as no deviation, and the 
assurer continues liable. Thus, in the case of an assurance from 
Carolina to Lisbon, and at and thence to Bristol, it appeared that the 
captain had taken in salt, which he was to deliver at Falmouth, before 
he went to Bristol; but the ship was taken in the direct route to both, 
and before she came to the point where she would have turned off to 
Falmouth. Lord Chief Justice Lee held, that the assurer was liable ; 
for it was but an intention to deviate, and that was held not sufficient 
to discharge the underwriters.— Foster v. Wilmer, 2 Stra. 1249. 

In the case of Carter v. the Royal Exchange Assurance Company , 
where the assurance was from Honduras to London, and a consign¬ 
ment to Amsterdam, a loss happened before she came to the dividing 
point between the two voyages, for which the assurers were held liable 
to pay.—2 Stra. 1249. 


3 w 2 


900 MARINE ASSURANCES. 

If, however, it can be made appear, by evidence, that it never was 
intended or came within the contemplation of the parties to sail upon 
the voyage assured; if all the ship’s papers and documents be made 
out for a different place from that described in the policy, the assurer 
is discharged from all degree of responsibility, even though the loss 
should happen before the dividing point of the two voyages. This 
distinction was taken by the court of king’s bench, in Wooldridge v. 
Boydell , Dougl. 16. 

In a still later case the same doctrine was advanced, namely, that 
if a ship be assured from a day certain, from A. to B., and, before the 
day, sail on a different voyage from that assured, the assured cannot 
recover; even though the ship afterwards fall into the course of the 
voyage assured, and be lost after the day on which the policy was to 
have attached.— Way v. Modigliani, 2 T. R. 30. 

In a modern case in the common pleas, in which there was occa¬ 
sion to reconsider the two preceding cases, it was unanimously deter¬ 
mined, that where the commencement and the end of the intended 
voyage continue the same as those described in the policy, an intention. 
to go to an intermediate port, though that intention should be formed 
previous to the ship’s sailing, will not vitiate the assurance till actual 
deviation.— Kewley v. Ryan , 2 H. Blackst. R. 343. 

From this proposition, that a mere intention to deviate will not vacate 
the policy, it follows, as an immediate consequence, that whatever 
damage is sustained before actual deviation, will fall upon the under¬ 
writers.— Green v. Young, 2 Lord Raymond, 840. Salk. 444. 

Policy of insurance from Para to New York, with leave to call at 
any of the windward and leeward islands on the passage, without being 
deemed any deviation : held, that the ship having proceeded to two of 
the leeward islands for a purpose wholly unconnected with the voyage, 
it was a deviation, and vitiated the insurance.— Hammond v. Reid , 
4 Barn, and Aid. 72. 

In cases of deviation, the premium is not to be returned ; because 
the risk being commenced, the underwriter is entitled to retain it. 

18. NON-COMPLIANCE WITH WARRANTIES. 

A warranty in a policy of assurance is a condition undertaking for 
the truth of a positive allegation, or that a certain thing shall be done, 
or happen; and, unless that is performed, there is no valid contract. 
It is perfectly immaterial for what view the warranty is introduced ; 
but being once inserted, it becomes a binding condition on the as¬ 
sured ; and unless he can show that U was literally true, or that it was 
strictly performed, the contract is the same as if it had never existed — 
1 T. R. p. 345. 

But as a warranty must be strictly complied with in favour of the 
underwriter, and against the assured, equal justice demands, that, if a 
strict and literal compliance with the warranty will support the demand 
of the assured, the decision ought to be in his favour : especially 
when, by such a decision, all the words in the policy will have their 
full operation. 

In an action on a policy of goods, dated the 9th of December, 
1784 ; lost or not lost, warranted well this 9th of December, 1784 ; it 
appeared, that the warranty was at the foot of the policy 5 ; that the 
policy was underwritten between the hours of one and three in the 
afternoon of the 9th of December, that the ship was well at six o’clock 


riiiw ODiiiul' 


NON-COMPLIANCE WITH WARRANTIES. 901 

in the morning 1 , but was lost at eight o’clock the same morning, 
t) pon a motion to set aside a nonsuit, which has been entered, Lord 
Kenyon and the other judges were clearly of opinion, that the war¬ 
ranty was sufficiently complied with, if the ship were well at any time 
that day : that the nature of a warranty goes to determine the ques¬ 
tion ; for, as it is a matter of indifference whether the thing warranted 
be, or be not, material, and yet must be literally complied with, still, 
if it be complied with, that is enough : and there was good reason 
for inserting these words, because they protected the underwriter from, 
losses before that day, to which he would otherwise have been liable, 
as the policy was on the goods from the lading; and thus, too, the 
words lost , or not lost, have also their operation.— Blackhurst v. Cockell, 

3 T. R. 360. 

If a ship be warranted to sail on or before the 1st of August, and 
she be prevented by any accident from sailing till the 2d of August, 
as by the sudden want of any necessary repair, or by the appearance 
of an enemy at the mouth of the port, the captain would do right not 
to sail; but there would be an end of the policy.—Cowper, 607. 

In order to make written instructions valid and binding as a war¬ 
ranty, they must appear on the face of the policy itself; even though a 
written paper be ivrapt up in the policy , when it is brought to the 
'V'derwriter to subscribe, and shown to them at that time: or even 
isnot* in' eit(if/ ere ^ M ie policy , at the time of subscribing ; still it 
policy v-oif 1 b ut offiv a ° s warranty, or to be considered as part of the 
occurred beloiw T m ™*F2Vd ltation - Both these instances have 

and in Bize v. Fletcher, ^ ^ v. Bornevelt, Dough 12 ; 

But, if a policy of assurance . f OT to cer t a in prints 
proposals will be considered as part 01 nolicy.— Wooley^w Is, the 

6T. R. 710. ' 

It being thus settled, that a warranty must appear on the face of 
the instrument, it has likewise been determined that a warranty, writ¬ 
ten in the margin of the policy, was to be considered equally binding, 
and subject to the same strict rule of construction, as if inserted in 
the body of the policy itself.—Doug. 10, and 271. 1 T. R. 343; 2 

T. R. 186. 

The warranties which most frequently occur, and upon which the 
greatest questions have arisen, may be reduced to three classes. war¬ 
ranty as to the time of sailing , warranty as to convoy, and warranty as 
to neutrality. 

First. As to the time of sailing. —It has been held, that when a ship 
has been warranted to sail on a particular day ; though the ship be 
delayed for the best and wisest reasons, or even though she be 
detained by force, the warranty has not been complied with, and the 
assurer is discharged from his contract.— Hare v. Whitmore, Cowp. 

784. . i- 

If the warranty be to sail after a specific day, and the ship sail 
before, the policy is equally avoided as in the former case; because 
the terms of the warranty are as much departed from in one case as 
in the other.— Vezian v. Grant, before Mr. Justice Buller, Guildhall, 

East. Vac. 1799. „ . . , , 

But, when a ship is warranted to sail on or before a particular day, 
if she sail from her port of loading, with all her cargo and clearances 
on board, to the usual place of rendezvous at another part of the same 
island, merely for the sake of joining convoy, it is a compliance with 


902 


MARINE ASSURANCES. 


the warranty, though she be afterwards detained there by an embargo 
beyond the day. The ground is, that when the ship leaves her port of 
loading, when she has a full-and complete cargo on board, and has no 
other object in view, but the safest mode of sailing to her port of delivery, 
her voyao-e must be said to commence from her departure from that 
port. If indeed, her cargo was not complete, it would not have been 
a commencement of the voyage.— Bondv. Nutt, Cowp. 601. 

A ship warranted “ to sail before a particular day,’ means completely 


equipped for the voyage,” and if she 


leave the place before the day, 
without her complement of men and clearances, meaning to get them at 
a port lying in her track, and the day appointed pass by without her 
having procured them, the warranty has not been complied with. 
Ridsdale v. Newnham , 3 M. & S. 456. 

A distinction is taken between a warranty to sail , and a warranty to 
depart , on a policy of assurance. The former is satisfied by the ship s 
getting under weigh on her voyage however short a distance she may 
proceed ; the latter means that the ship shall be actually out of port . 

3M. &S. 461. T . . ,. 

Goods were insured at and from Demerara to London in a ship war¬ 
ranted to sail from Demerara on or before the 1st of August, 1823. 
Small ships take in and discharge the whole of their cargoes in the 
river of Demerara, but there is a shoal off the coast about ^n i ^ rff ' es 
at sea, and large ships usually discharge and take ^le'^policy were l^en 
— the outside of the shoal. mvp.-p' 5 . -<• on the 


on 


Goods coverp' in the river „ 


vj ii t‘he 1st of August within the meaning of the 


on board a small vessel that complete^ ’ '* * -sail proceeded 

1st of August the captaip^^ wo r> r ^jjgg I Q^ then anchored, the 

down the riye^. On the 3d of Auer..- crossed the shoal, and on the 
tbUffe Vessel was lost by pe»-n the sea - II was hel(l that the vessel 
sailed from Demero*— 0,1 the 1 

warranty.— Lang\. Anderdon , 3 Barn, and Cress. 495. 

In assurances at, and from London, warranted to depart on or before 
a particular day, it has long been a question, what shall be a departure 
from the port of London ? Or rather, what is the port of London ? And, 
it seems, this point has never yet been judicially determined. 

On the one hand it is said, that the moment a ship is cleared out at 
the custom-house, and has all her cargo on board, if she quit her moor¬ 
ings in the river on or before the day warranted, that the warranty is 
complied with. On the other side, it is contended, that a ship is not 
ready for sea till she has got her custom-house cocket on board, which 
is the final clearance, and which she cannot have till she arrive at 
Gravesend ;* that, till this cocket is received, the ship dares not proceed 
to sea under a penalty, and till then she is not entitled to the drawbacks ; 
and that Gravesend is always considered as the limits of the port of 
London. This view is supported by the decision that a ship is not to 
be considered as having exported from the port of London, on clearing 
at the custom-house, nor until she has cleared at Gravesend.— Williams 
v. Marshall, 6 Taunt. 390. 

The second species of warranty, which most frequently occurs in 
assurances, is that of sailing under the protection of convoy. Upon this 
subject, something has been already offered in an anterior page. We 


* It is now the practice for ships to receive the cockets at the custom-house, and 
to stop at Gravesend only to land the officers. See 6 Geo. IV. c. 107. 74 and 80. 

pages 4G5 and 466. 



NON-COMPLIANCE WITH WARRANTIES. 


903 


shall only say in addition, that it has been settled, by the court of king’s 
bench, that it is not every single man of war, which chooses to take a 
merchant ship under its protection, that will constitute such a convoy as 
a warranty means ; but it must be a naval force under the command of 
a person appointed by the government of the country to which they be¬ 
long. Hibbert v. Pigou, B. R. Easter, 23 Geo. III. 1783. 

From the same case, we likewise collect, that a convoy appointed by 
the admiral commanding in chief upon a station abroad, is a convoy ap¬ 
pointed by government. , 

Having seen what shall be deemed a convoy, let us proceed to con¬ 
sider what shall be a departure with convoy, within the meaning of a 
warranty to depart with convoy. The rule on this point is short and 
clear, that such a warranty implies, the ship shall go with convoy 
from the usual place of rendezvous, at which the ships have been 
accustomed to assemble ; at Spithead, or the Downs, for the port of 
London ; and Blue fields, for all the ports in Jamaica. And, from the 
particular port to such usual place of convoy, the ship is protected by 
the policy.— Lethulier's case, 2 Salk. 443, and Gordon v. Morley , 
2 Stra. 1265. 

Although the words commonly used are, “ to depart with convoy,” 
or, “ to sail with convoy,” yet, they extend to sailing with convoy 
throughout the whole of the voyage, as much as if those words were 
inserted. If, therefore, the convoy is only to go part of the way, that is 
not a compliance with the warranty ; and the assurer is discharged from 
his engagements.— Lilly v. Ewer , Doug. 72. 

But, although it has been thus settled, that a ship must depart with 
convoy for the whole of the voyage ; yet an unforeseen separation is an 
accident to which the underwriter is liable.— Jeffery v. Legendre , 3 Lev. 
320. 

Even where the ship has, by tempestuous weather, been prevented 
from joining the convoy at all, at least, from receiving the orders of the 
commander of the ships of war, if she do every thing in her power to 
efFect it, it shall be deemed a sailing with convoy, within the terms of the 
warranty.— Victoria v. Cleeve , 2 Stra. 1250. 

But, if there be an opportunity of convoy ; if the convoy throw out 
repeated signals to join, and by the negligence and delay of the cap¬ 
tain of the assured ship, the opportunity be lost, the warranty to 
depart with convoy is not complied with, and the underwriter is dis¬ 
charged.— Taylor v. Woodness , Sittings at Guildhall, Hilary Vac. 
4 Geo. III. 

Although a ship must not voluntarily depart from convoy during the 
voyage, yet this species of warranty must always be construed with re¬ 
ference to the usage of trade, and to the orders of government. For, if 
the course upon a particular voyage has been to have a relay of convoy, 
protecting the trade from one port to another ; or if government appoint 
a convoy to escort the trade of a place to a given latitude and no farther; 
and there be no other convoy on that station; a vessel taking the advan¬ 
tage of such a convoy, has complied with the warranty to sail with con¬ 
voy, for the voyage.— Smith v. Readshaw, London Sitt. after East. 1781. 
—De Garey v. Clagget, London Sitt. after Mich. 1795.— De Guino v. 
Bewick , C. P. Mich. 36 Geo. III. 

It has been questioned whether it was necessary to have sailing in¬ 
structions from the commander of the convoy. Mr. Justice Buller, in 
the case of Webb v. Thompson , (1 Bos. and Pull. 5.) said, “ In point 
oflaw, the general proposition is, that sailing instructions are neces- 


904 MARINE ASSURANCES. 

sary. Rut if the captain, from any misfortune, from stress of weather, 
or other circumstances, be absolutely prevented from obtaining his in¬ 
structions, still it is a departure with convoy; but then he must take 
the earliest opportunity to obtain them.” 

The third species of warranty is that of neutrality , or that the ship 
or goods assured are neutral property. If the ship and property are 
neutral at the time when the risk commences, this is a sufficient com¬ 
pliance with a warrant of neutral property : because it is impossible 
for the assured to be answerable for the consequences of a war break¬ 
ing out during the voyage. Eden v. Parkison , Dougl. 705. And this 
doctrine has been since confirmed, in the case of Tyson v. Gurney , 
3 T. R. 477. 

However, if property belonging to a neutral country be assured 
in one of two belligerent powers, and be condemned by the other 
belligerent power, on capture, as belonging to the country in which it is 
assured, such condemnation is valid; since this sentence is to be re¬ 
garded as a proof that the warranty of the property being neutral is 
not complied with .—Oddy v. Bovill , T. R. Trin. 42 Geo. III. 

If a warranty of property belonging to any neutral power be ren¬ 
dered void by any act of the master, &c. of a ship, after the commence¬ 
ment of the voyage, and the ship be in consequence condemned by a 
belligerent power, the assured cannot recover .—Garrets v. Kensington , 
8 T. R. 230. 


19. RETURN OF PREMIUM. 

The next object of our inquiry is, in what cases, and under what 
circumstances, there shall be a return of premium ? 

The principle upon which the whole of this doctrine depends, is 
simple and plain. The risk of peril is the consideration for which the 
premium is to be paid: if the risk be not run, the consideration for the 
premium fails; and equity implies a condition, that the assurer shall 

not receive the price for running a risk, if, in fact, he runs none_ 

3 Burr. 1240. 

Accordingly, in an action brought by the plaintiff for £5, received 
Dy the defendant to the plaintiff s use, where it appeared in evidence, 
that one Barkdale had made a policy of assurance upon account for 
£ r o premium, in the plaintiffs name, and that he had paid the same 
premium to the defendant, and that Barkdale had no goods then on 
board, and so the policy was void: Lord Chief Justice Holt said, 
“ The money is not only to be returned by the custom, but the policy 
is made originally void, the party for whose use it was made having 
no goods on board; so that, by this discovery, the money was re¬ 
ceived without any reason , occasion , or consideration , and conse¬ 
quently it was received, originally, to the plaintiffs use. And so 
judgment was given for the plaintiff .—Martin v. Sitwell , 1 Shower 
156. * 

Premiums on illegal assurances are not recoverable. 

Clauses are frequently inserted in policies of assurance, containing 
conditions, on the performance or non-performance of which the me- 
mium is returnable. 1 

An action was brought against an underwriter for a return of pre 
mmm. The material part of the policy was in these words • “ At 
and from any port or ports in Grenada to Londoner any 'ship or 
ships that shall sail on or between the 1st of May and the 1st of 


905 


RETURN OF PREMIUM. 

August* 1778, at 18 guineas per cent, to return <£8 per cent, if she sails 
from any of the West India Islands with convoy for the voyage, and 
arrives.” At the bottom there was a written declaration that ihe 
policy was on sugars (the muscovado valued at £20 per hogshead.) 
The ship, the Hankey, sailed with convoy, within the time limited : 
she arrived in the Downs, where the convoy left her : convoy never 
coming farther, and indeed seldom beyond Portsmouth. After she 
had parted with the convoy, she struck on a bank, called the Pan- 
Sand, near Margate, and eleven of fifty-one casks of sugar were 
washed overboard, and the rest damaged. The ship was afterwards 
got oft' the bank, and proceeded up the river, arrived safe in the port 
of London, and was reported at the custom-house. The sugars saved, 
being sold, produced <£340, instead of £800, which was a valuation in 
the policy. The plaintiffs insisted that they were entitled to have £8 
per cent, also returned on the valued price of the eleven hogsheads of 
sugar which were lost, and on the difference between what the remain¬ 
ing forty hogsheads produced, and their valued price. At the trial 
before Lord Mansfield, the plaintiffs had a verdict to the full amount 
of their demand. The chief question, upon a motion for a new trial, 
was, to what the word “ arrives” was intended to apply. 

Lord Mansfield said, if the assured will not warrant a departure 
with convoy, he pays the full premium, and in that case the under¬ 
writer says, “ If it turn out that the ship departs with convoy, I will 
return part of the premium.” But a ship may sail with convoy, and 
be separated from it by a storm, or other accident., in a day or two, 
and lose its protection. On a warranty to sail with convoy, that 
would be a breach of the condition; but to guard against that risk, 
the assurer adds, in policies of the present sort, “the ship must not 
only sail with convoy, but she must arrive, to entitle me to the return. 
The words, and arrives, do not mean that the ship shall arrive in the 
company of the convoy, but only that she herself shall arrive. If she 
does, that shows, either that she had convoy the whole way, or did 
not. want it. But in the stipulation for the return of the premium, no 
regard is had by the parties to the condition of the goods on the ar¬ 
rival of the ship. If it had been meant that no return should be made, 
unless all the goods arrived safe, they would have said, “ if the ship 
arrive with all the goods,” or “ safely with all the goods” The total 
or partial loss of the goods was the subject of the indemnity, and must 
be paid for by the underwriter. But, as to the return of the additional 
premium, whether the goods arrive safe or not, makes no part of the 
question. The rule for a new trial was accordingly discharged.— 
Si.mond v. Boydell, Doug. 255. See also Audley v. Duff, 2 Bos. & 
Pull. 111. 

When the policy is avoided by an alteration by the assured, the 
premium cannot be recovered back. — Langhorn v. Cadogan, 4 
Taunt. 330. 

When a policy is void, being made without interest, contrary to the 
statute of the 19 Geo. II., if the ship arrive safe, the court will not 
allow the assured to recover the premium; but if a loss happen, and 
the underwriters refuse to pay, on the ground of want of interest, they 
will not be allowed to retain the premium. 

There are two general rules established, which govern almost all 
cases. The first is, that where the risk has not been run, whether that 
circumstance was owing to the fault, the pleasure, or will of the 
assured, or to any other cause, except fraud, the premium shall be 


906 MARINE ASSURANCES. 

returned. Another rule is, that, if the risk has once commenced there 
shall be no apportionment or return of premium afterwards. Hence, 
in cases of deviation, though the underwriter is discharged from his 
engagement; yet, the risk being once commenced, he is entitled to 
retain the premium. Cowp. 668. 

When, however, from the nature of the agreement between the 
parties, or the nature of the voyage, the contract becomes divisible, 

“ a part of the premium shall be retained for the risk run, and part 
shall be returned, as the risk has never commenced.” 

The first time in which this doctrine was considered at any length, 
was in a case which came before the court of king’s bench in the 
year 1761. It was an assurance upon a ship, at five guineas per cent, 
lost or not lost, at and from London to Halifax , in Nova Scotia, war¬ 
ranted to depart with convoy from Portsmouth , for the voyage, that is 
to say, the Halifax or Louisburg convoy. Before the ship arrived at 
Portsmouth the convoy was gone. Notice of this was immediately 
given by the assured to the underwriter; and at the same time he was 
also desired either to make the long assurance or to return part of the 
premium. The jury found that the usual settled premium, from Lon¬ 
don to Portsmouth, was one and a half per cent. They also found 
that it is usual for the underwriter, in such cases, to return part of the 
premium; but the quantum is uncertain; and the quantum must, in 
its nature, be uncertain, because it depends upon uncertain circum¬ 
stances. It was stated, that the plaintiff made an offer to the de¬ 
fendant of allowing him to retain one and a half per cent, for the risk 
he had run on such part of the voyage as was performed under the 
policy, viz. from London to Portsmouth. 

Lord Mansfield.—“ I had not at the trial, nor have now, the least 
doubt about this question myself. These contracts are to be taken 
with great latitude ; the strict letter of the contract is not so much 
regarded as the object and intention of it. Equity implies a condition, 
“ that the assurer shall not receive the price of running a risk, if he 
runs none.” This is a contract without any consideration as to the 
voyage from Portsmouth to Halifax; for he intended to assure that 
part of the voyage as well as the former part of it, and has not. Con¬ 
sequently, the assured received no consideration for this proportion of 
his premium ; and then this case is within the general principle of 
actions for money had and received to the plaintilf’s use. I do not 
go upon the usage: for the usage found is only that, in like cases, it 
is usual to return a part of the premium, without ascertaining what 
part. If the risk is not run, though it is by the neglect, or even the 
fault, of the party assuring, yet the assurer shall not retain the pre¬ 
mium. It has been objected, that the voyage being begun, and part 
of the risk being already run, the premium cannot be apportioned. 
But I can see no force in this objection. This is not a contract so 
entire, that there can be no apportionment; for, there are two parts 
in this contract, and the premium may be divided into two distinct 
parts, relative, as it were, to two distinct voyages. The practice 
shows that it has been usual, in such like cases, to return a part of the 
premium, though the quantum be not ascertained. And, indeed, the 
quantum must vary as circumstances vary; so that it never can have 
been fixed with any precise exactness. But though the quantum has 
not been ascertained, yet the principle is agreeable to the general 
sense of mankind.”— Steq>henson v. Snow , 3 Burr. 1237. Rothwell w, 
Cooke, 1 Bos. & Pul. 172. 


RETURN OF PREMIUM. 


907 


Some years afterwards, the principle established in the foregoing 
case was attempted to be applied to one which it did not at all re¬ 
semble. That was in an assurance for twelve months at <£9 per cent.; 
and, because the ship was captured within two months after the con¬ 
tract was made, a return of premium was demanded. But the con¬ 
tract in this case was entire ; the premium was a gross sum stipulated, 
and paid for twelve months ; and the parties, when they made the 
contract, had no intention or thought of a subsequent division, or 
apportionment, and therefore there could be no return of premium.— 
Tyne v. Fletcher , Cowp. 666. 

In a subsequent case, the court of king’s bench adopted the same 
rule of decision, where the ship was assured for twelve months, and 
the risk ceased at the end of two. A distinction was attempted to be 
made, because, in this case, the whole premium, a J k ,7° w ~ 

ledffed to be received from the assured at of fifteen shillings 

ver mouth: and this, it wasd ? --. evidently showed the parties m- 
I , . sl& , JsAiuinue from month to month. This objection 

tended overruled; the court being of opinion, that the case 

list mentioned decided this: and that the fifteen shillings per month 
was only a mode of computing the gross sum.— Loraine v. Thom- 
linson, Doug. 585. 

The two last cases were assurances upon time; but it seems per¬ 
fectly clear, that, when the contract is entire, whether it be for a spe¬ 
cified time or for a voyage, there shall be no apportionment or return, 
if the risk has once commenced. And, therefore, when the premium is 
entire in a policy on a voyage, where there is no contingency at any 
period, out or home, upon the happening or not happening of which - 
the risk is to end, nor any usage established upon such voyages, al¬ 
though there be several distinct ports at which the ship is to stop, yet 
the voyage is one, and no part of the premium shall be recoverable.— 
Bermon v. Woodbridge , Doug. 781. 

In an action for a return of premium, the policy was “ at and from 
Jamaica to London, warranted to depart with convoy for the voyage, 
and to sail on or before the 1st of August, at a premium of twelve 
guineas per cent.” The ship sailed from Jamaica to London on the 
81st of July, 1782, but without any convoy for the voyage. At the 
trial before Lord Mansfield, the jury found a verdict for the plain¬ 
tiff, subject to the opinion of the court, upon a case, stating the 
facts already mentioned. In addition to which, they expressly find, 
“ that it is the constant and invariable usage in an assurance, at and 
from Jamaica to London, warranted to depart with convoy, or to sail 
on or before the 1st of August, when the ship does not depart with 
convoy, or sails after the 1st of August, to return the premium, 
deducting one half per cent.” 

Lord Mansfield.—“ The law is clear, that if the risk be commenced, 
there shall be no return. Hence questions arise of distinct risks assured 
by one policy or instrument. My opinion has been to divide the risks. 
I am aware that there are great difficulties in the way of apportion¬ 
ment, and therefore, the court has sometimes leaned against them. 
But where an express usage is found by the jury, the difficulty is cured. 
They offered to prove the same usage as to the West Indies in general; 
but I stopt them, and confined the evidence to Jamaica.” The court, 
therefore, decided for the plaintiff.— Long v. Allen, Easter Term, 
25 Geo. III. 

From the tenour of all these cases, it should seem, as Lord Mansfield 


908 MARINE ASSURANCES. 

said, that so many difficulties occur in apportioning’ the premium, the 
courts are often obliged to decide against it, unless there be some 
usage upon the subject. 

20. BOTTOMRY AND RESPONDENTIA. 

Bottomry is in the nature of a mortgage of a ship, when the owner 
of it borrows money to enable him to carry on the voyage, and pledges 
the keel, or bottom of the ship, as a security for the repayment; and 
it is understood that, if the ship be lost, the lender also loses his whole 
money; but, if it return in safety, then he shall receive back his prin¬ 
cipal, and also the premium or interest stipulated to be paid, however 
it may exceed the usual or legal rate of interest. When the ship and 
tackle are brought home, they are liable, as well as the person of the 
borrower, money lent. But when the loan is not made upon 

the vessel, but upon the q -j merchandises laden thereon, which, 

from their nature, must be sold or , m the c0lfl . su of the 

voyage, then the borrower only is personalty dou... , „ the 

contract; who, therefore, in this case, is said to take up mvh.-, 4 
respondentia. In this consists the difference between bottomry and 
respondentia; that the one is a loan upon the ship, the other upon 
the goods ; in the former the ship and tackle are liable, as well as the 
person of the borrower; in the latter, for the most part, recourse must 
be had to the person of the borrower. Another observation is, that, 
in a loan upon bottomry, the lender runs no risk, though the goods 
should be lost; and, upon respondentia, the lender must be paid his 
principal and interest, though the ship perish, provided the goods are 
safe. In all other respects the contract of bottomry and that of 
respondentia are upon the same footing. 

These terms are also applied to another species of contract, which 
does not exactly fall within the description of either; namely, to a 
contract for the repayment of money, not upon the ship and goods 
only, but upon the mere hazard of the voyage itself; as if a man lend 
,£1000 to a merchant to be employed in a beneficial trade, with a 
condition to be repaid with extraordinary interest, in case a specific 
voyage named in the condition shall be safely performed. But, by 
19 Geo. II., it is enacted, “That all sums of money lent on bottomry 
or at respondentia upon any ship or ships belonging to his Majesty’s 
subjects, bound to or from the East Indies, should be lent only on the 
ship, or on the merchandise or effects laden or to be laden on board 
such ship, and should be so expressed in the condition of the said 
bond; and the benefit of salvage should be allowed to the lender, his 
agents, or assigns, who alone should have a right to make assurance 
on the money so lent; and in case it should appear that the value of 
his share in the ship, or in the merchandises or effects laden on board 
of such ship, did not amount to the full sum or sums he had bor¬ 
rowed as aforesaid, such borrower should be responsible to the lender 
for so much of the money borrowed as he had not laid out on the ship 
or merchandises laden thereon, with lawful interest for the same, in 
the proportion the money laid out should bear to the whole money 
lent, notwithstanding the ship and merchandises should be totally lost.” 

The statute, therefore, has entirely put an end to that species of 
contract which was last mentioned, namely, a loan upon the mere 
voyage itself, as far, at least, as relates to India voyages. The statute 
of 7 Geo. I. c. 21, § 2, declares, “That all contracts made or en- 


BOTTOMRY AND RESPONDENTIA. 


909 


tered into by any of his Majesty's subjects, or any person in trust for 
them, for or upon the loan of any monies, by way of the bottomry, or 
any ship or ships in the service of foreigners, and bound or designed 
to trade in the East Indies or parts aforesaid , shall be null and void.” 

This act, however, does not mean to prevent the king’s subjects from 
lending money on bottomry, on foreign ships trading from their own 
country to their settlements in the East Indies. 

It became a question in the court of common pleas, whether an 
American ship, since the declaration of American independence, was 
a freight ship within the statute of the 7 Geo. I. c. 21, § 2. The 
court were much inclined to think the bond was void, the case being 
within the mischief designed to be remedied by the act. But the 
question was not decided.— Sumner v. Green , Mich. 30 Geo. III. 

The contract of bottomry and respondentia seems to deduce its 
origin from the custom of permitting the master of a ship, when in a 
foreign country, to hypothecate the ship, in order to raise money to 
refit. Such a permission is absolutely necessary, and is impliedly 
given him in the act of constituting him master, by the marine law, 
which in this respect is reasonable ; for, if a ship happen to be at sea, 
and spring a leak, or the voyage is likely to be defeated from want of 
necessaries, it is better that the master should have it in his power to 
pledge the ship and goods, or either of them, than that the ship should 
be lost, or the voyage defeated. But he cannot do either for any debt 
of his own, but merely in case of necessity , and for completing the 
voyage . Although the master of the vessel has this power while 
abroad, because it is absolutely necessary for the purposes of commerce 
and navigation, yet the very same authority, which gave that power in 
those cases, has denied it when he happens to be in the same place 
where the owmers reside. All the cases which have been determined 
upon the subject, seem to require, that the ship should be abroad , as 
well as in a state of necessity, to justify the captain or master in taking 
money on bottomry.—Molloy, in express terms, declares, that a 
master has no power to take up money on bottomry in places where 
his owners dwell: otherwise, he and his estate must be liable thereto. 
—Molloy, 1, 2. c. 11, § 11. If, indeed, the owners do not agree in 
sendirg the ship to sea, the majority shall carry it, and then money 
may be taken up by the master on bottomry for their proportion who 
refuse, although they reside on the spot, and it shall bind them all. 

Yet it is said that if money borrowed by the master on bottomry, be 
applied to the necessities of the ship, the owners are liable as on money 
paid for their use, but not on the contract of bottomry. 

It is the essence of a contract of bottomry, that the lender run the 
risk of the voyage, and that both principal and interest be at hazard; 
for, if the risk go only to the interest of premium, and not to the 
principal also, though a real and substantial risk be inserted, it is a 
contract against the statute of usury, and therefore void. This has 
been frequently so determined in our courts of law. 

An action of debt was brought upon an obligation. The defendant 
pleaded the statute of usury, and showed that a ship went to fish in 
Newfoundland, (which voyage might be performed in eight months,) 
and that the plaintiff delivered £50 to the defendant, to pay £60 upon 
the return of the ship off Dartmouth: and, if the said ship, by occa¬ 
sion of leakage or tempest, should not return from Newfoundland to 
Dartmouth, then the defendant should pay ,£‘50 only; and, if the ship 


910 MARINE ASSURANCES. 

never returned, he should pay nothing. And it was held by all the 
court not to be usury within the statute. For, if the ship had staid at 
Newfoundland two or three years, he should have paid at the return 
of the ship <£60, and if the ship never returned, then nothing; so that 
the plaintiff ran hazard of having less than the interest which the laws 
allow : and possibly, neither principal nor interest.— Sharpley v. Hur- 
rell, Cro. Jac. 208. 

The case was, upon another occasion, mentioned in argument by one 
of the judges of the bench ; the principle on which it was decided was 
recognised, and the case itself was allowed to be law.— Roberts v. 
Tremay?ie, Cro. Jac. 508 ; and it has been confirmed by several subse¬ 
quent cases. 

As the hazard to be run is the very basis and foundation of this 
contract, it follows, that if the risk is not run, the lender cannot be 
entitled to the extraordinary premium; for that would be to open a 
door to means by which the statute of usury might be evaded. This 
was so decided by the court of chancery, in a case, where the plain¬ 
tiff was bound, in consideration of £400, as well to perform the voyage 
within the six months, as at the six months’ end to pay £400, and £40 
premium, in case the vessel arrived safe, and was not lost in the 
voyage. It happened that the plaintiff* never went the voyage, where¬ 
by the bond became forfeited, and he now preferred his bill to be 
relieved. Upon the former hearing, as the ship lay all the time in the 
port of London, and there was no hazard of losing the principal, the 
lord-keeper thought fit to decree, that the defendant should lose the 
premium of £40, and be contented with his principal and ordinary 
interest . And now, upon a rehearing, he confirmed his former decree. 
—Deguilder v. Depeister , 1 Vern. 268. 

It remains to be shown, what these risks are to which the lender 
undertakes to expose himself. These are, for the most part, men¬ 
tioned in the condition of the bond, and are nearly the same, against 
which the underwriter, in a policy of assurance, undertakes to in¬ 
demnify. These accidents are, tempests, pirates, fire, capture, and 
every other misfortune, except such as arise either from the defects of 
the thing itself, on which the loan is made, or from the misconduct of 
the borrower. But whatever may be the perils, nothing short of a 
total loss will discharge the borrower. However the goods may be 
damaged, the obligation remains. 

Capture here does not mean a mere temporary taking, but it must 
be such a capture as to occasion a total loss. And, therefore, if a 
ship be taken and detained for a short time, and yet arrive at the port 
of destination within the time limited, (if time be mentioned in the 
condition,) the bond is not forfeited, and the obligee may recover.— 
Joyce v. Williamson , B. R. Mich. Term, 23 Geo. III. 

A lender on bottomry, or at respondentia, is neither entitled to the 
benefit of salvage, nor liable to contribute in case of a general average. 
— Walpole v. Ewer , Sittings after Trinity, 1789. But see Marshall on 
Insurance, vol. ii. p. 766, 3d ed. where the learned editor questions 
these positions. 

It has been said, that, if the accident happen by default of the 
borrower or of the captain, the lender is discharged from the risk, and 
has a right to demand the payment of the bond. If, therefore, the 
ship be lost by a wilful deviation from the track of a voyage, the 
event has not happened upon which the borrower was to be discharged 
from his obligation.— Western v. Wildy , Skin. 152. 

In the place of respondentia, a practice had arisen since 1810, for the 


FORMS OF POLICIES 911 

person borrowing the money to draw bills on an East-Indian house, 
payable a certain number of days after the arrival of the ship at the 
foreign port, the borrower at the same time consigning goods to the 
East-Indian house, as an inducement to the drawees to accept the bills. 
These bills being negotiated in England, the captains and officers of 
East-Indian ships were thus put in cash to pay for their investments. 
It has been held, in a recent case, that persons advancing money on 
the credit of bills of this nature and forwarding them to India for ac¬ 
ceptance, have no insurable interest in such bills, which are void as 
being drawn on a contingency, and cannot recover against the under¬ 
writer on a policy in which they are described as bills of exchange.— 
Palmer v. Pratt , 2 Bingham, 185. 

It frequently happened that the borrowers on bottomry or at respon¬ 
dentia became bankrupts after the loan of the money, and before the 
event happened which entitled the lender to repayment; by which 
means the debt could not be proved under the commission, and the 
lenders were left to such redress as they could obtain from the bank¬ 
rupt, who had previously given up every thing to his creditors. This 
being likely to prove a discouragement to trade, parliament was 
obliged to interpose ; and it accordingly enacted, by the 19 Geo. II. c. 
32, § 2, “ That the obligee in any bottomry or respondentia bond, 
made and entered into upon a good and valuable consideration bond 
Jide, should be admitted to claim, and, after the contingency should 
have happened , to prove his or her debt or demands , in respect to such 
bond , in like manner as if the contingency had happened before the time 
of issuing the commission of bankruptcy against such obligor ,” and by 
the new bankrupt act, consolidating the former laws, (6 Geo. IV. c. 
16, § 43,) it is provided, that the obligee in any bottomry or respon¬ 
dentia bond, and the assured in any policy of insurance, shall be ad¬ 
mitted to claim, and after the loss or contingency shall have happened, 
to prove his debt or demand, and receive dividends as if the loss or 
contingency had happened before the issuing the commission, and the 
person effecting any policy of insurance upon ships or goods with any 
person, as a subscriber or underwriter, becoming bankrupt, shall be 
entitled to prove any loss to which such bankrupt shall be liable in 
respect of such subscription, although the person so effecting such 
policy was not beneficially interested in such ships or goods, in case 
the person or persons so interested is not or are not within the united 
realm. 

21. FORMS OF POLICIES. 

Form of a Policy of Assurance upon a Ship and Furniture , pursuant 
to Act of 35 Geo. Ill . c. 63. 

£ 500. IN the name of God, Amen. as well 

_g v j n own name, as for and in the name and names of all 

delivered’ the ( and every other person to whom the same doth, may, or shall, apper- 
day of J tain, in part or in all, doth make assurance, and cause 

and them, and every of them, to be assured, lost or not lost, at 
and from upon the body, tackle, apparel, ordnance, muni¬ 

tion, artillery, boat, or other furniture, of and in the good ship or vessel called the 
whereof is master, under God, for this present voyage, 
or whosoever else shall go for master in the said ship, or 
by whatsoever other name or names the said ship, or the master tnereof, is or shall 
be named or called; beginning the adventure upon the said ship, &c. from and im¬ 
mediately following and so shall continue and 

endure until the said ship, with her said tackle, apparel, &c. shall be arrived at 
and there hath moored at auchor twenty-four hours in good 
safety; and it shall be lawful for the said ship in this voyage, to proceed and sail to 


912 


MARINE ASSURANCES. 


and ;o .ch and stay at any ports or places whatsoever without 

prejudice to this assurance ; the said ship, &c. for so much as concerns the assureds, is, 
and shall be valued at Touching the adventures 

and perils which we the assurers are content to bear and to take upon us in this 
voyage, they are, of the seas, men of war, fire, enemies, pirates, rovers, thieves, jetti¬ 
sons, letters of mart ard countermart, surprisals, takings at sea, arrests, restraints, and 
detainments, of all kings, princes, and people, of what nation, condition, or quality 
soever, barratry of the master and mariners, and all other perils, losses, or misfortunes, 
that have or shall come to the hurt, detriment, or damage, of the said ship, &c. or any 
part thereof: And, in case of any loss or misfortune, it shall be lawful to the assureds, 
their factors, servants, and assigns, to sue, labour, and travel, for, in, and about, the 
defence, safeguard, and recovery, of the said ship, &c. or any part thereof, without 
prejudice to this assurance, to the charges whereof we, the assurers, will contribute each 
one according to the rate and quantity of his sum herein assured ; and it is farther 
agreed by us, the assurers, that this writing or policy of assurance shall be of as much 
force and effect as the surest writing or policy of assurance heretofore made in Lom¬ 
bard-street, or in the Royal Exchange, or elsewhere in London: and so we the assurers 
are contented, and do hereby promise and bind ourselves, each one for his own parr, 
our heirs, executors, and goods, to the assureds, their executors, administrators, and 
assigns, for the true performance of the premises, confessing ourselves paid the con¬ 
sideration due unto us for this assurance by the assured of at and after 

the rate of In witness whereof w r e, the assurers, have subscribed our 

names and sums assured in London. 

N. B. The ship and freight warranted free from average under three pounds per 
cent . unless general, or the ship be stranded. 

Policy of Assurance upon Goods , pursuant to Act of 35 Geo. III. c. G3. 

£ 1000, A IN the name of God, Amen. 

-G. (as well in own name, as for and in the name and 

delivered the Lnames of all and every other person or persons to whom the same doth, 

day of J may, or shall, appertain, in part or in all, doth make assurance, and 
cause and them, and every of them, to be assured, lost or 

not lost, at and from upon any kind of goods and merchandise, 

whatsoever, loaden, or to be loaden, on board the good ship or vessel called the 

whereof is master, under God, for this present voyage, or whosoever 

else shall go for master in the said ship, or by w hatsoever other name or names the 
same ship, or the master thereof, is or shall be named or called . beginning the ad¬ 
venture upon the said goods and merchandise from and immediately following the 
loading thereof on board the said ship and so shall 

continue and endure until the said ship, with the said goods and merchandise w hatso¬ 
ever shall be arrived at and the same there 

safely landed : and it shall be lawful for the said ship, in this voyage, to stop at any 
ports or places whatsoever without prejudice to this assurance : 

the said goods and merchandises, by agreement, are and shall be valued at 

Touching the adventures and perils which w’e 
the assurers are contented to bear, and to take upon us in this voyage, they are, of the 
seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and 
countermart, surprisals, takings at sea, arrests, restraints, and detainments, of all kings, 
princes, and people, of what nation, condition, or quality, soever; barratry of the 
master or mariners, and of all other perils, losses, and misfortunes, that have or shall 
come to the hurt, detriment, or damage, of the said goods and merchandises, or any 
part thereof: and in case of any loss or misfortune it shall be lawful to the assureds, 
their factors, servants, and assigns, to sue, labour, and travel, for, in, and about, the 
defence, safeguard, and recovery, of the said goods and merchandises, or any part 
thereof, without prejudice to this assurance, to the charges whereof we the assurers will 
contribute each one according to the rate and quantity of his sum herein assured ; and 
it is agreed by us the assurers that this writing or policy of assurance shall be of as 
much force and effect as the surest writing or policy of assurance heretofore made in 
Lombard-street, or in the Royal Exchange, or elsewhere in London : and so we the 
assurers are contented and do hereby promise and bind ourselves, each one for his own 
part, our heirs, executors, and goods, to the assureds, their executors, administrators, 
and assigns, for the true performance of the premises, confessing ourselves paid the 
consideration due unto us for this assurance by the assured at and 

after the rate of 

In witness whereof we the assurers have subscribed «ur names and sums assured ia 
London. 



FORMS OF POLICY. 913 

N. B. Corn, fish, salt, fruit, flour, and seeds, are warranted free from average, unless 
general, or the ship be stranded ; sugar, tobacco, hemp, flax, hides, and skins, are 
warranted free from average under five pounds per cent, and all other goods free 
from average under three pounds per cent, unless general, or the ship be stranded. 

S. G. \ S. G. No. 

No. f L. 

By the Corporation of the Royal Exchange Assurance. 

IN the name of God, Amen. 

as well in own name, as for and in the name and names of all and every 

other person or persons to whom the same doth, may, or shall, appertain, in part or in 
all, doth make assurance, and causeth 

and them and every of them to be assured, lost or not lost, upon 
any kind of goods and merchandises whatsoever loaden or to be loaden, and also upon 
the body, tackle, appaiel, ordnance, munition, artillery, boat, and other furniture, of 
and in the good ship or vessel called the burthen or 

thereabouts, whereof is master (under God) for this present voyage 

or whosoever else shall go for master in the said ship, or by what¬ 
soever other name or names the same ship or the master thereof is or shall be named 
or called: beginning the adventure upon the said goods and merchandises from and 
immediately following the loading thereof on board the said ship 

and upon the said ship, &c. and so 

shall continue and endure during her abode there upon the said ship, &cc. and farther, 
until the said ship, with all her ordnance, tackle, apparel, &c. and goods and mer¬ 
chandises whatsoever, shall be arrived at upon the 

said ship, &c. until she hath there moored at anchor twenty-four hours in good safety, 
and upon the goods and merchandises, until the same be there discharged and safely 
landed ; and it shall be lawful for the said ship, &c. in this voyage to proceed and sail 
to, and touch, and stay at, any ports or places whatsoever, without prejudice to this 
assurance, the said ship, &c. goods and merchandises, &c. for so much as concerns the 
assureds, (by agreement made between the assureds and the corporation in this policy,) 
are and shall be rated and valued at sterling, without farther account 

to be given by the assureds for the same. Touching the adventure and perils which 
the said corporation are contented to bear and to take upon them in this voyage, they 
are, of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of 
mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments, of 
all kings, princes, and people, of what natiou, condition, or quality soever, barratry of 
the master and mariners, and of all other perils, losses, and misfortunes, that have or 
shall come to the hurt, detriment, or damage, of the said goods and merchandises, and 
ship, &e. or any part thereof, and in case of any loss or misfortune, it shall be lawful to 
the assureds, their factors, servants, and assigns, to sue, labour, or travel, for, in, and 
about, the defence, safeguard, and recovery, of the said goods and merchandises, and 
ship, &c. (or any part thereof,) without prejudice to this assurance, to the charges 
whereof the said corporation will contribute according to the rate and quality of the 
sum herein assured; and it is agreed by the said corporation, that this writing or policy 
of assurance shall be of as much force and effect as the surest writing or policy of 
assurance heretofore made in Lombard-street, or in the Royal Exchauge, or elsewhere 
in London ; and so the said corporation are contented, and do hereby promise and bind 
themselves and their successors to the assureds, their successors, administrators, and 
assigns, for the true performance of the premises, confessing themselves paid the con¬ 
sideration due unto them for this assurance by at and 

after the rate of per cent. In witness whereof the said 

corporation have caused their common seal to be hereunto affixed, and the sum or sums 
by them assured, to be hereunder written, at their office in the Royal Exchange in 
London, this day of in the 

year of the reign of our sovereign lord 
by the grace of God, of the United Kingdom of Great Britain and Ireland 
king, defender of the faith, &c. and in the year of our Lord 

The said corporation are content with this assurance for 

Free from all average on corn, flour, fish, salt, fruit, seed, hides, and tobacco, unless 
general, or otherwise specially agreed. 

Free from average of sugar, rum, skins, hemp, and flax, under five per cent, and on 
all other goods, and on ship, under three per cent, except general. 

By order of the Court of Directors. 

3 N 


914 


MARINE ASSURANCES. 
Form of a Respondentia Bond. 


KNOW all men by these presents, that 

held and firmly bound to in the sum or penalty 

of of good and lawful money of Great Britain, to 

be paid to the said or to 

certain attorney, executors, administrators, or assigns ; to which payment well and truly 
to be heirs, executors, and administrators, 

firmly, by these presents, sealed with seal, 

Dated this day of in the year of 

the reign of our sovereign lord by the grace of God, of the 

United Kingdom of Great Britain and Ireland, king, defender of the faith, and in the 
year of our Lord one thousand eight hundred and The condition of the 

above-written obligation is such, that whereas the above-named 

hath, on the day of the date above-written, lent unto the above¬ 
bound the sum of 

upon the merchandises and effects to that value laden or to be laden on board the good 
ship or vessel called the of the burthen of tons, or 

thereabout, now in the river Thames, whereof is commander: 

If the said vessel do or shall, with all convenient speed, proceed and sail from and 
out of the said river of Thames, on a voyage to any ports or places in the East Indies, 
China, Persia, or elsewhere beyond the Cape of Good Hope, and thence do and shall 
sail and return into the said river of Thames, at and before the end and expiration of 
thirty-six calendar months, to be accounted from the day of the date above written, 
and that without deviation (the dangers and casualties of the seas excepted.) And if 
the above-bound heirs, executors, or 

administrators, do and shall, within days next, after the said 

ship or vessel shall be arrived in the said river of Thames, from the said voyage, or at 
the end and expiration of the said thirty-six calendar months, to be accounted as afore¬ 
said, (which of the said times shall first and next happen,) well and truly pay, or cause 
to be paid, unto the above-named executors, administrators, 

and assigns, the sum of of lawful money of Great 

Britain, together with of like money by the calendar month, 

and so proportionably for a greater or lesser time than a calendar month, for all such 
time, and so many calendar months as shall be elapsed and run out of the said thirty- 
six calendar months, over and above twenty calendar months, to be accounted for from 
the day of the date above-written ; or if, in the said voyage, and within the said thirty- 
six calendar months, to be accounted as aforesaid, an utter loss of the said ship or 
vessel by fire, enemies, men of war, or any other casualties, should unavoidably happen ; 
and the above-bound heirs, executors, 

and administrators, do and shall, within six months next after the loss, pay and satisfy 
the said executors, administrators, 

or assigns, a just and proportional average on all goods and effects which the said 

carried from England on board the said ship or 
vessel, and on all other the goods and effects of the said 

which shall acquire during the said voyage, and which shall not 

be unavoidably lost: then the above-written obligation is to be void, and of no effect, 
or else to stand in full force and virtue. 


Sealed and delivered (being first duly 1 
stampt) in the presence of * j 


J.S. 


FORM OF A PROTEST. 


915 


FORM of a PROTEST , in case of DAMAGE or LOSS at SEA. 

By this public instrument of protest and declaration be it known and 
made manifest unto all whom it may concern, that, on the fourteenth 
day of August, one thousand eight hundred and twenty-five, before me, 
William Sanders, Notary Public, by lawful authority duly admitted and 
sworn, and residing at Liverpool, in the county of Lancaster, personally 
appeared Robert Carter, master of the good ship or vessel called the 
Penelope, of London, three hundred and sixteen tons admeasurement 
or thereabout, who doth solemnly protest and declare that, on the 
twentieth day of July last, he, this appearer, and the rest of the said 
ship’s company, set sail therewith from London (she being then tight, 
staunch, strong, properly manned and equipped for sea) with a cargo 
of sundry goods, bound for Greenock ; that on the third day of the said 
month of August, they brought up in Cardigan Bay, owing to contrary 
winds; and, on a change of wind coming, they proceeded ; but on the 
sixth day of the said month, the said ship struck the ground on a shoal 
to the northward of the Great Orme’s Head, during a gale of wind, 
and has since made water: but what further damage the said ship may 
have sustained, he, this appearer, cannot now say, but enters this pro¬ 
test to serve and avail as occasion shall or may require. 

Whereupon the said appearer entered this protest, to the end that 
all such loss or damage as the said ship, her cargo, tackle, and furni¬ 
ture, hath or have suffered or sustained, by the happenings aforesaid, 
and all costs, charges, and expenses attending the same, may be borne 
and paid by those who of right ought so to do, as being occasioned by 
the reasons aforesaid, and not by and through any insufficiency or 
neglect of the said ship, her tackle, furniture, or crew. 

In testimony whereof, I, the said notary, have granted to the said 
master this instrument, under my hand and seal notarial, to serve and 
avail him and all concerned, as occasion shall or may require. 

William Sanders, (l. s.) 


Lancashire) Robert Carter, mariner, commander of, and belonging 
to wit. J to the ship Penelope, mentioned in the foregoing pro¬ 
test, makes oath and says, that the contents thereof are in every par¬ 
ticular and respect just and true. 

Robert Carter. 


Sworn at Liverpool, in the county 
palatine of Lancaster, the four¬ 
teenth day of August, in the 
year one thousand eight hun¬ 
dred and twenty-five, before me,. 


► William Sanders. 


9 Geo. IV. c. 49. 

An Act to amend the Laws in force relating to the Stamp Duties on 
Sea Insurances , tyc. 

Policies of mutual insurance at sea may be stamped with additional 
stamps , if not previously underwritten to an amount exceeding the sum 
warranted by the former stamps *—It shall be lawful for the commis- 


* See ante , page 830. 
3 n 2 




916 


MARINE ASSURANCE. 


sioners of stamps, or any of their officers (whenever they shall be thereto 
required) to stamp with any additional stamp or stamps, any vellum, 
parchment, or paper which may have been previously stamped, upon 
which any policy of insurance, commonly called a mutual insurance, 
may have been ingrossed, printed, or written, whereby divers persons 
insure or agree to insure one another, without any premium or pecu¬ 
niary consideration, from any loss, damage, or misfortune that may 
happen to any ship or vessel, or any goods, merchandise, or other pro¬ 
perty on board of any ship or vessel, or the freight of any ship or vessel, 
or any other interest in or relating to any ship or vessel which may 
lawfully be insured, although such policy may have been previously 
signed or underwritten by any person or number of persons, any thing 
in 35 Geo. III. c. 63. to the contrary notwithstanding: provided, that 
at the time when any such additional stamp or stamps shall be required, 
such policy shall not have been signed or underwritten to an amount 
exceeding the sum or sums which the stamp or stamps previously im¬ 
pressed thereon will warrant. 


LEGAL DECISIONS. 

*** The figures correspond with the number of original divisions of 
the subject as set down, page 821. 


2. The Construction of the Policy. 

Court of Exchequer, Wednesday, June 29, 1S31. 

Blackett v. The Royal Exchange Insurance Company. —Mr. Maule 
opened the case. This was an action brought by Mr. John Blackett, 
against the Royal Exchange Insurance Company, upon a policy of 
insurance upon the ship Thames, to recover the sum of 212/. 

Mr. Serjeant Spankie stated that the plaintiff had insured the ship 
Thames with the defendants in December, 1827, for the sums of 3000/. 
and 1000/., the value of the ship being 6000/. She sailed on her 
voyage in February, 1828, to Calcutta, and in her progress encountered 
very heavy gales of wind. On the 13th of June a boat that had been 
slung over the larboard quarter was washed away; and in August, in 
proceeding up the river Hooghly, the vessel was twice stranded. The 
damage thus done, including the loss of the boat, the expenses of sur¬ 
vey, protest, &c. amounted to 212/., which was claimed of the defend¬ 
ants. The jury might be aware that the policies entered into with the 
Royal Exchange Assurance Company contained a clause, that should 
the damage not amount to three per cent, on the amount of the policy, 
the insurers were not answerable ; the object of that clause beinn- to 
prevent any very trifling damage from being the subject of investigation. 
The real question in this case would be, whether the damage amounted 
to above three per cent., for if it were not, the defendants certainly 
would not be liable. On the part of the defendants it had been ad¬ 
mitted that the boat was lost, that the vessel was stranded, that they 
had insured the vessel out and home, and that the amount sought to be 
recovered was just and proper, provided it should be held that they were 
liable. It would be contended that the defendants were not liable to 
nay for the boat, because it was not properly stowed, viz. that it had 


CONSTRUCTION OF THE POLICY. 917 

been slung in an improper place—over the quarter: but he (Mr. Ser¬ 
jeant Spankie) would prove that that was the most proper and most 
usual place to fasten boats on board vessels going to the East Indies: 
if it were not so, he would contend that it was covered by the terms of 
the policy, which insured the vessel, with her tackle, &c. against the 
perils of the sea. The defendants would, he understood, next object, 
that as the boat, which was valued at only 16/., was lost at one time, 
and the stranding of the vessel took place at a subsequent period, the 
owners were not entitled to put the whole damage together, in order to 
make up the loss to three per cent, and upwards; in fact, that by the 
terms of the policy one individual damage must amount to three per 
cent., otherwise the defendants were not liable. That proposition was, 
in his (Mr. Serjeant Spankie’s) opinion, absurd, for the vessel was in¬ 
sured out and home, and if the whole injury amounted to more than 
three per cent, the insurers were liable. The jury must observe, that 
upon this subject the question would most probably turn, for the value 
of the boat, 16/., would make the whole of the damage rather more than 
three per cent.; the damage sustained by stranding alone did not 
amount to three per cent. 

The Attorney-general admitted, for the defendants, that the addition 
of the boat to the average loss would be the main question, but he 
would not consent that the 32 rupees for the survey, and 177 rupees 
for the protest, should be added to swell the amount, if the three 
per cent, should not be previously made up by the damage. 

Captain Bugg, the commander of the Thames, proved the loss of 
the boat at sea, on the 13th of June, 1828, and the stranding of the 
vessel in the following August. The boat had been slung over the 
quarter, which he stated to be the usual place on board such vessels, 
and several commanders of vessels proved that to be the usual and 
safest mode of slinging boats ; indeed they would not go to sea without 
boats so slung, on account of the readiness with which they can be 
manned, in case of a man falling overboard, or any other accident 
occurring. 

The Attorney-general addressed the jury for the defendants, and 
said that it was monstrous to suppose, if a loss occurred which was 
under three percent., that subsequent damage should be added to it to 
make it up to the amount for which the defendants would be liable. 
The defendants did not impute negligence to the crew ; they wished to 
treat the question fairly ; and they considered, that if one species of 
damage occurred for which they were not liable, (the amount being too 
small,) and another injury occurred two months afterwards, for which 
also they were not liable, that being also under three per cent., the two 
should not be allowed to be added to make up the three per cent. The 
learned counsel stated that he would call witnesses to prove that by 
usage the underwriters in such a case would not be considered liable, 
when 

Mr. Baron Vaughan interrupted him by asking, if he meant to say, 
that if damage should be done to the ship one day under three per cent., 
and the next day further damage should be done, the two should not 
be made as one loss, and recoverable from the underwriters ? 

The Attorney-general said, he did not now moot that point, because 
these accidents were done at a distance of several hundred leagues. 

Mr. Baron Vaughan said he should give either party liberty to move 
the court upon the subject, but his opinion was against the defendants. 

Mr. Campbell (who was with the Attorney-general) proposed to 


918 


MARINE ASSURANCE, 


tender evidence that, by the usage of trade, the underwriters were not 
liable for the loss of boats slung like the one in question. 

Mr. Baron Vaughan was unwilling to receive that evidence, because 
it had been proved that boats so slung were in the best situation for the 
safety of the ship and crew in case of an accident. 

Mr. Campbell said, that mercantile contracts were generally deter¬ 
mined by usage. 

Mr. Baron Vaughan said it would be difficult to deal in any parti¬ 
cular case according to any general abstract proposition. In this case 
it was proved that the boat was in its best and safest place. His 
opinion was, that the policy was against all the damage done during 
the voyage; but as there had been no formal decision upon this point, 
he would reject the proffered evidence, and give the defendants liberty 
to move in a full court upon the point of law. 

The jury then, under his Lordship’s direction, found a verdict for 
the plaintiff, giving the defendant liberty to move upon the point of 
law to enter a nonsuit, or upon the rejection of evidence, for a new trial. 

3. Perils of the Sea. 

Court of King’s Bench. 

Sittings after Hilary Term , 1832. 

Wells v. Hopvjood .—The court gave judgment in this case, it was on 
a policy of insurance, and the question was, whether there had been a 
stranding. The ship having taken the ground in Hull harbour in 
the usual course, but having by the falling of the tide struck against 
some wooden piles there ; these injured the vessel, and let in the water, 
by which the cargo was damaged. 

Lord Tenterden, Mr. Justice Littledale, and Mr. Justice Taunton, 
thought this constituted a stranding within the meaning of the policy. 
But Mr. Justice Park differed.—Verdict for the plaintiff. 

4. Capture and Detention by Princes, &c. 

Court of Common Pleas, Monday, May 9, 1831. 

Dalgliesk v. Hudson .—The Lord Chief Justice delivered the judgment 
of the court in this case. The only question to be decided, his Lordship 
observed, was, whether or not the sentence of condemnation pronounced 
by the Court of Admiralty at Buenos Ayres was conclusive evidence 
of the fact of the master of the ship in question having broken the 
blockade of the above port. The law upon this point, as laid down in 
all the cases on the subject, was quite settled. It was this: wherever 
the ground of the decision of condemnation was clearly and distinctly 
stated in the sentence itself, it was to be taken as conclusive evidence 
of the fact so alleged as the ground of such condemnation; but where 
the sentence did not state it, or left it in a state of doubt, then the 
question was left open to extrinsic evidence. In the present case the 
sentence stated various grounds of condemnation, one of which was, 
that the vessel had sailed from Liverpool for the port of Buenos Ayres, 
which was known, before she sailed, to be in a state of blockade, and 
had thus rendered her voyage altogether illegal. Here, therefore, was 
an alleged ground of condemnation, different from that of the captain 
having broken the blockade, and one which was mistaken in point of 


SALVAGE. 


919 


law, inasmuch as such a circumstance, even if true, was not one which 
would render the voyage illegal. The court was of opinion, therefore, 
that the sentence ot condemnation in the present case did not furnish 
conclusive proof of the master having violated the blockade, and that 
the other facts stated on the trial proved that he had neither done so 
nor intended to do so, and therefore there must be judgment for the 
plaintiff. 

8. Salvage. 

Admiralty Court, Saturday, Jan. 21. 

The Andromeda .—This was a claim for salvage. The Andromeda, 
of 400 tons, with a general cargo valued at 24,200/. in her course up 
the Channel for the river Thames, the wind N.W., on the 28th of August 
last, got upon the Shingle Sand. Some Margate smacks came up, 
and were employed in carrying out an anchor, and assisting to get her 
off the sand, which was not effected till the morning of the 30th, nor 
till the vessel was lightened by the removal of some of the cargo. The 
claim was resisted on the part of the owners of the Andromeda, on the 
ground that the services rendered had the effect of keeping the vessel 
on the sand,—that this was the object of the asserted salvors, in order 
that they might obtain a higher reward. The evidence was, as usual in 
such cases, extremely contradictory. The essential questions being of a 
purely nautical nature, the court was assisted by Trinity masters. 

The King’s Advocate and Dr. Phillimore, for the salvors.—Although 
there was much conflicting evidence in the case, some material facts 
were admitted or not denied. It was admitted that the vessel got upon 
the sand about four o’clock on a summer’s day, with a steady wind, fair 
weather, and a flood tide. It was asserted, and not denied, that she 
was out of her proper course for London, which was by the Queen's 
Channel, and that they did not know where they were. Setting out with 
ignorance and misconduct upon their part, it was peculiarly ungracious 
to meet the claim of the salvors, by whose meritorious exertions his 
valuable vessel had been restored to the owners, by a charge of mis¬ 
conduct, and a design to keep the vessel on the sand, “ in order to make 
a good job of it.” It was charged against the salvors, that they had 
ordered the sails to be backed, which forced her further on the sand. It 
was a question when the sails were so backed. It was not probable 
that it was done by the recommendation of the salvors. Another charge 
was, that they had dropped the anchor in a wrong direction. It was 
admitted that the anchor was dropped a little more to the west than was 
intended, which was owing to the tide and wind. 

The Admiralty advocate (Dr. Dodson) and Dr. Addams, for the 
owners.—It was clearly proved, not only by the mates of the vessel, but 
by captain Cole, a passenger and a nautical man, that the measures 
taken by the pretended salvors were not for the speedy release of the 
vessel, but to get her further on the sand. Their first act, on coming 
on board, was to back the yards, which forced her hard on the sand. 
The anchor was carried out in such a way as to produce the same 
effect: they might have placed it further to the south, since they did so 
afterwards. The exertions df these smacksmen were consequently worse 
than useless, and incurred the risk of a total loss. 

Sir C. Robinson said, that the facts in question were three,—the 
backing the sails, the not getting out an anchor at the first tide, and the 
heaving, not on a warp, but on a chain cable, which was said to be ini- 


920 


MARINE ASSURANCES. 


proper. The learned judge proposed to the gentlemen by whom he 
was assisted the following questions :—first, whether the vessel might 
not have been got off sooner, and if so, whether it was owing to error, 
—dividing it into three degrees of error, namely, slight negligence, 
slight ignorance, or inexperience; secondly, whether there was a cul¬ 
pable degree of error; or, lastly, if it could be only ascribed to intention, 
with a view of increasing the value of their services, and thereby increas¬ 
ing the danger of the vessel. 

The Trinity masters were of opinion that no seaman could be guilty 
of so gross a want of seamanship as, under the circumstances, to back 
the sails ; that with the assistance of so many men (sixty), had proper 
steps been taken, the vessel might have been got off the next tide ; jfnat 
under the circumstances of the vessel, there was no occasion to let go 
an anchor so far to the west, by which the ship was driven further upon 
the sand ; and, that if the vessel had not been lightened, the wind might 
have shifted, and the ship and cargo have been lost. If all due exertion 
had been made, the vessel might have been got off next tide, and, if great 
exertion had been used, without any removal of the cargo. 

The court, acting on this opinion, pronounced that no service had 
been rendered in this case, and consequently gave no salvage. 

20. Bottomry. 

Admiralty Court, Wednesday, Dec. 7, 1831 

The Cognac. —The Cognac , of Scarborough, on her voyage from 
Charente to London, with a cargo of brandy and seeds, sustained 
damage and put into La Flotte, in the Isle of Rhe, where the cargo 
was unladen, and she was repaired. The master (Ewen) being with¬ 
out funds and credit there, obtained from the house of Marsillac and Co., 
of Rochelle, the sum of 24,170fr. 57c. (about ,£1,160) on a bottomry 
bond, bearing an interest of 20 per cent. On the arrival of the vessel 
in London, the owners refused payment of the bond, on the ground of 
the exorbitant interest, and that some of the items included, particularly 
the seamen’s wages, were not properly the subject of a bottomry se¬ 
curity. On a reference to the registrar, that officer disallowed the sum 
of 1265 francs, the seamen’s wages,—reduced the commission by con¬ 
fining it to the amount of charges and disbursements,—instead of the 
value of cargo, and cut down the premium from 20 percent, to 12-J 
per cent. When the report came before the court, it was contended on 
the part of the bondholder that money could not be obtained at a 
smaller premium in that part of France at that period ; that it was the 
constant practice there to charge commission on the value of the cargo ; 
and that the wages of the seamen were necessary payments, in order to 
enable them to purchase clothes, &c. On the other hand, it was con¬ 
tended that no wages were due till the completion of the voyage, and 
therefore wages could not be included in a bottomry bond ; that the 
custom of charging commission on the cargo was malm usus, and that 
the interest was exorbitantly high, since the insurance would not have 
exceeded 1 per cent. 

Sir C. Robinson said, that as to the wages and the commission, he 
should confirm the report; but with respect to the reduction of interest, 
it was a point of considerable importance ; and as it was the first case 
which had come before him, and the report contained no grounds for 
the reduction, he should reserve his decision on this point till next 
term and confer in the mean time with the registrar and merchants. 


BOTTOMRY. 


921 


February 15, 1832. 

Sir C. Robinson took a view of the authorities as to the power of 
this court to alter the premium stipulated in the bottomry bond, and 
was of opinion, that where fraud or exaction could be shown, this court 
had the power to interfere. In the present case, considering the situa¬ 
tion of France at the date of the bond, when war might have been 
suddenly expected, and considering the manner in which the master 
had been left without resources by the owners, he could not pronounce 
the premium exorbitant. He therefore decreed in favour of the interest 
stipulated in the bond, (namely, 20 per cent.) and confirmed the rest 
of the registrar’s report. 

King’s Bench, Michaelmas Term , 1831. 

Simonds v. Hodgson .— On a writ of error. This action was brought 
on a Bottomry bond, and the question arose on the promise of the 
captain to pay the bond “ on his safe arrival ” at the port of discharge. 
It was held by the court below, that these words made the bond pay¬ 
able on the personal arrival of the captain; and that as it excluded all 
maritime risk, it could not be considered as a bottomry bond, and 
therefore the plaintiff was not entitled to recover. The court however, 
thought the words must be construed to mean “ on his safe arrival 
with the ship.” And that being so, there was the necessary risk to 
make it a loan of money on bottomry, and that the judgment of the 
Court of Common Pleas must therefore be reversed. 


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BILLS OF EXCHANGE. 


023 


PART IV. 


CHAPTER I. 

BILLS OF EXCHANGE AND STAMP DUTIES. 


Of Bills of Exchange. 

A bill of exchange is an order given by a banker, &c., for paying to a 
person, or his order, a certain sum of money, at an appointed time. 

In order to understand this subject, it will be necessary to explain 
the terms used in bills of exchange. 

The drawer is the person who draws the bill of exchange. 

The drawee is the person upon whom it is drawn ; but after he has 
accepted, he is then called the acceptor. 

An endorser. —Every person, before he can pay away, or pass, a bill 
of exchange, must, if it be made payable to his order, write his name on 
the back of the bill; and he is therefore called an endorser. 

An endorsee is any person who is in possession of a bill of exchange, 
in consequence of its having been endorsed to him. 

The payee is the person in whose favour a bill is drawn ; as, if A. 
draws upon B., directing him “ to pay to C. or orderf C. is the payee, 
and before he can pass away the same, must endorse it. 

If the drawee refuse to accept or pay the bill, the payee must cause 
it to be protested. 

The object of the protest is to signify to the drawer, that the party 
upon whom he drew his bill was unwilling; not to be found ; or insol¬ 
vent ; and to let him (the drawer) have timely notice thereof; and also 
to enable the party to recover against the drawer ; and also against the 
acceptor, as far as he can pay, if the bill be accepted. 

A foreign bill must be protested on the last day of the three days of 
grace allowed ; (after the time expressed upon the bill;) and if not paid 
upon the last of the three days, the party ought immediately to protest 
the bill and return it; but, if the last of the three days be a great holi¬ 
day, the day before is the day of payment. 

Bills of exchange must be sued for within six years after due. 

If two or three bills are drawn for the same sum, they shall carry a 
condition with them that only one should be paid ; and, in a declaration 
on one of them, it is not necessary to aver that the other bills were not 
paid. 

Inland Bills of exchange are those drawn by one banker, mer¬ 
chant, or tradesman, residing in one part of the kingdom, on another, 
residing in some city or town in the same kingdom. 

The possessor should present it for acceptance as soon as it comes to 
his hands, though the time expressed be not expired. 

Acceptance is made by the drawee, or his partner or clerk, in writing, 
upon the bill. 

If the bill be not paid within three days after the time expressed 
thereon be elapsed, it must be protested; which protest, or notice 
thereof, shall be sent within fourteen days to the drawer. Protests to 




924 


BILLS OF EXCHANGE. 


be made by a notary-public ; or by any other substantial person., of the 
city, town, or place, in the presence of two or more credible witnesses; 
refusal or neglect being first made of due payment of the same ; which 
protest shall be made, and written under a fair copy of the said bill of 
exchange, in the words or form following : 

Know all men , that J, A. B., on the day of , at 

the usual place of abode of the said , have demanded the 

payment of the bill of which this is a copy , which the said 

did not pay : wherefore /, the said , do hereby 

protest the said bill , dated at this day of 

If the bill be not accepted, it has been considered that the drawer 
shall not be liable to damages and interest, unless protest, or notice of 
such non-acceptance, be sent to the drawer in fourteen days, but in 
practice the plaintiff recovers interest against a drawer or endorser of 
an inland bill on proof of due notice, without proving a protest. 

A person accepting of a bill in satisfaction of a debt, must get i 
protested, if not paid in course, or lose such debt. 

If A. sell goods to B., and B. is to give a bill in satisfaction, B. is so 
far discharged, that he cannot be sued for the goods, without the 
plaintiff showing that he has used due diligence to obtain acceptance 
or payment, and that the defendant had due notice of the dishonour 

A note or bill is no absolute payment, though agreed to be such, if 
the giver of it know the person upon whom it is drawn to be in a 
failing condition. 

Of what shall be deemed a Bill of Exchange. 

A bill of exchange is, in its nature, a mere open letter of request; 
but since these instruments have become the common mode of remit¬ 
tances in trade, custom prescribes the form of such bills, and raises a 
contract; but it is not requisite to observe the same nicety in the form 
of a bill of exchange, as in deeds, wills, &c. 

A bill, payable out of a particular fund, is no bill of exchange : 

So, pray pay out of my growing subsistence ,—makes no bill of 
exchange: 

And a bill, payable out of the fifth payment, as it shall become 
due, is not good : because, in all these cases, the payment is uncer¬ 
tain, and depends on a contingency : and it is of the essence of a good 
bill of exchange, that it should be payable at all events. For which 
reason, an order from the owner of a ship to the freighter, to pay money 
on account of freight, has been determined to be no bill; because the 
quantum due for freight may be open to litigation. But such an 
order from the freighter would be good, because it is an admission 
that so much is due. 

But, pray pay J. S. or order , at my quarterly half-pay per advance y 
is a negotiable bill. 

Bill, without the words value received , was long held to be no bill oi 
exchange ; but it is holden otherwise now. 

Bill, payable to me , or my order, is a good bill, if accepted; but it 
must be endorsed in that case by the drawer, to make it negotiable. 
If any one sign his name upon a blank paper properly stamped, and 
deliver it to another person to draw such bill as he may please thereon, 
he is in law the drawer of such bill so written by the person whom he 
authorized to draw it, and liable thereto. 




BILLS OF EXCHANGE. 


925 


Of the Acceptance. 

The acceptance of a bill of exchange is such an act, by the drawee, 
as will make him liable to pay the same. It is usually made by signing 
his name or initials at the bottom of the bill, when it is presented to 
him by the bearer. 

By 1 & 2 Geo. IV. c. 78. s. 1, it is enacted, that if any person 
shall accept a bill of exchange payable at the house of a banker or 
other place, without further expression in his acceptance, such accept¬ 
ance shall be deemed to be a general acceptance of such bill: but if 
the acceptor shall in his acceptance express that he accepts the bill 
payable at a banker’s house or other place only , and not otherwise 
or elsewhere, such acceptance shall be deemed a qualified acceptance 
of such bill, and the acceptor shall not be liable to pay the bill, 
except in default of payment, when duly demanded at such banker’s 
house or other place. 

And by the 2d section of the same act, no acceptance of any inland 
bill of exchange shall be sufficient to charge any person, unless such 
acceptance be in writing on such bill, or if more than one part of such 
bill, on one of the said parts. 

When a defendant, having once written his acceptance, with the 
intention of accepting a bill, afterwards changes his mind, and before 
it is communicated to the holder, or the bill delivered back to him, 
obliterates his acceptance; held, that he is not bound as acceptor. 
Cox and others v. Troy , 5 Barn. & Aid. 474. 

Acceptance, to pay when the goods are sold, is a good acceptance. 

Acceptance, to pay half in money, half in bills, is good. 

Acceptance, to pay according to the tenour of the bill, after the day 
of payment is past, is good. 

A bill may be accepted for party and the sum for which it is so 
accepted, is a good acceptance for so much against the acceptor. 

Acceptance of a bill, drawn upon two partners, by one of them, 
binds both, if it concern the joint trade ; otherwise, it only binds the 
individual. 

Acceptance of a servant, usually transacting business for his master, 
is good ; yet the servant should express such acceptance to be for his 
master, or he is liable himself. 

An acceptance is seldom made, before the bill is drawn, by any other 
person than the drawee : afterwards , for the purpose either of pro¬ 
moting the negotiation of a bill, when the drawee’s credit is suspected, 
or to save the reputation, and prevent the prosecution of some of the 
parties, where the drawee cannot be found, is not capable of making 
himself responsible, or refuses acceptance, it is not uncommon; and 
it is called an acceptance for the honour of the person on whose 
account it is made, and enures to the benefit of all the parties subse¬ 
quent to such person. 

If a man intend to make a conditional acceptance only, and gives 
that acceptance in writing, he should be careful to express the con¬ 
ditions therein, for, of any verbal condition he may annex to the 
acceptance, he will not be at liberty to avail himself against any sub¬ 
sequent party, if either such party, or any intermediate one, between 
him and the person to whom the acceptance was given, took the bill 
without notice of such condition, and gave a valuable consideration 
for it; and at all events, the onus of proving such condition will be 
upon the acceptor. The holder of the bill is not bound to receive such 






M6 BILLS OF EXCHANGE. 

acceptance ; but if he do, he must observe its terms. He should give 
immediate notice to the other parties to the bill, of the nature of the 
acceptance offered ; by which means they will not be discharged in 
case the bill be returned. 

But if an agreement to accept be conditional, and a third person 
take the bill, knowing of the conditions, he takes it subject to them. 

A conditional acceptance becomes absolute, as soon as its condi¬ 
tions are performed. But if the drawee says he cannot accept without 
further directions from J. S., and J. S. afterwards desire him to accept, 
and draw upon A. B. for the amount, the mere drawing upon A. B. 
will not make this an acceptance, although the actual payment of the 
bill on him may. 

The obligation of a complete acceptance may be waved, and this 
waver may be either express or implied. 

Presentment of Bills. 

A party taking a bill or note, impliedly undertakes to the antecedent 
parties, who would be entitled to bring an action on paying it, to 
present in proper time, the one, where necessary, for acceptance, and 
each for payment: to allow no extra time for payment, and to give 
notice without delay to such persons, of a failure in the attempt to 
procure a proper acceptance, or payment; and a default in any of 
these respects will discharge such persons from all responsibility, on 
account of a non-acceptance, or non-payment, and make, the bill or 
note operate as a satisfaction of any debt or demand for which it was 
given. 

And by 3 & 4 Ann, c. 9. s. 7. (which also places promissory notes 
on the same footing as bills of exchange, s. 1.) it is enacted, that “ if 
any person doth accept any such bill of exchange, for and in satis¬ 
faction of any former debt, the same shall be esteemed complete pay¬ 
ment of such debt, if such person, accepting of any such bill for his debt, 
doth not take his due course to obtain payment thereof, by endeavour¬ 
ing to get the same accepted and paid, and make his protest either for 
non-acceptance or non-payment.” 

The presentment is to be made where the bill or note is payable, 
And if the drawee or maker cannot be found at the place where the 
bill or note is payable, and it appears that he never lived there, or has 
absconded, the bill or note is to be considered as dishonoured. If he 
has only removed, the holder must endeavour to find out to what place 
he has removed, and make his presentment there. 

A presentment should be made at a seasonable time, Bayl. 59, and 
if by the known custom of any place, bills and notes are only payable 
within limited hours, a presentment there out of those hours is unrea¬ 
sonable. Ibid. And so is a presentment out of the hours of business 
to a person of a particular description, in a place, where, by the known 
custom of that place, all persons of his description begin and leave off 
business at stated hours. 

A presentment for acceptance is not absolutely necessary, except 
upon bills payable within a limited time after sight. 

No certain time is fixed, within which this presentment must be 
made, but it should be made within a reasonable time. And what 
shall be deemed a reasonable time, must depend upon the particular 
circumstances of each case, and it must always be left to the jury to 
say whether there has been an improper delay. 


927 


BILLS OF EXCHANGE. 

No delay warranted by the common course of business is improper, 
nor is any delay, which is occasioned by keeping the bill in circulation, 
at a great distance from the place where it is payable; but a delay, by 
locking it up for any length of time, is. 

If a bill payable abroad at a certain time after sight, be taken in a 
course of negotiation, it is not necessary to send it by the first oppor¬ 
tunity, to the place where it is payable: and if a bill be payable in India 
60 days alter sight, it is not necessarily a neglect, to omit presenting it 
for acceptance lor 26 days after its arrival. 

Upon a presentment for acceptance , the bill should be left with the 
drawee 24 hours, unless in the interim he either accepts or declares a 
resolution not to accept. Ld. Raym. 281. But a bill or note must not 
be left (unless it is paid) on a presentment for payment; if it be, the 
presentment is not considered as made until the money is called for. 

A bill or nole payable on demand, is payable immediately on present¬ 
ment ; and a bill payable at sight, is either payable immediately upon 
presentment, or within the days of grace afterwards; but the point is 
unsettled: and each must be presented within a reasonable time after 
the receipt, or put into a course of negotiation. 

Thus, where a note of this kind, payable in London, was given there 
in the morning, a presentment the next morning was held sufficiently 
early : a presentment at two the next afternoon, too late. 

But in one case,, where a similai note was given at one, and not pre¬ 
sented till the next morning, two juries held the delay unreasonable ; 
this, however, was against the opinion of the court, but being a second 
verdict upon a new trial, they refused to interfere. 

A bill or note of this kind given by way of payment to a banker, must 
be presented by him as soon as if it had been paid into his hands by a 
customer. And a bill or note of this kind paid into a banker’s, if pay¬ 
able at the place where the banker lives, must be presented the next 
time the banker’s clerk goes his rounds. 

By 89 and 40 Geo. III. c. 42. wljen bills and notes become due on 
Good Friday,* the same shall be payable the day before, and the holders 
thereof may protest the same for non payment on such preceding day. 
A presentment on the second day, when the third is not a day of rest, is 
a nullity. 

Of Endorsements, 

Bills or notes, payable to order, or to bearer, or containing any words 
to make them transferable, may be endorsed or assigned over, so as to 
give the assignee a right against all the antecedent parties, whose names 
appear upon the bill or note: and bills or notes containing no words to 
make them negotiable, may be endorsed or assigned over, so as to give 
such endorsee or assignee a right upon them against the immediate endor¬ 
ser, but not so as to give him a right against any of the antecedent parties. 

Bills and notes are passed, either by delivery only, or by indorsement 
and delivery: bills and notes payable to order are transferable by the 
latter mode only : bills and notes payable to bearer, and bills and notes 
originally payable to order, and endorsed, as they may be, so as to be 
payable to bearer, by either. 

On a transfer by delivery , the person making it ceases to be a party 
to the bill or note : but on a transfer by endorsement , he is, to all intents 
and purposes, chargeable as a new drawer. 


See 7 and 8 Geo. IV. c. 15. post. 





BILLS OF EXCHANGE. 

The endorsement of a bill or note implies an undertaking from the 
endorser, to the person in whose favour it is made, and every other 
person to whom the bill or note may afterwards be transferred, 
exactly similar to that which is implied by drawing a bill, except that, 
in the case of a note, the stipulation with respect to the drawer’s re¬ 
sponsibility and undertaking does not apply ; and a transfer by deli¬ 
very only, if made on account of an antecedent debt, implies a similar 
undertaking from the person making it, to the person in whose favour 
it is made. 

On a bill or note payable to several persons, not in partnership, the 
right to endorse is in all collectively, and not in any individually. 
(Doug. 653. n. 134.) If a right to endorse a bill or note be in a feme 
sole, and she marry, it devolves upon her husband. (Str. 516. 
3 Wils. 5.) If the person who has a right to endorse a bill or note 
die, it devolves upon his personal representative, and if he becomes 
bankrupt, on his assignees. 

But if an executor or administrator endorse, he binds himself per¬ 
sonally, and not the assets in his hands. 

A transfer by endorsement will convey no title, except against the 
person making it, unless it be made by him who has a right to make 
the endorsement: therefore, in case of a loss by theft or accident, if 
the bill or note be only transferable by endorsement, the thief or finder 
cannot confer a title against the antecedent parties; for, unless the 
endorsement be made by the person to whom the bill is payable, it is 
a forgery, and can confer no title; but if such bill or note be payable 
to bearer, and therefore assignable by mere delivery, the thief or 
finder may confer a title against the antecedent parties, by trans¬ 
ferring it. And, consequently, an innocent holder thereof, for a fair 
and valuable consideration, may recover the amount thereof, though the 
party from whom he took it, having no title, cannot. 

And by 9 & 10 Will. III. c. 17. “ if any inland bill be lost, or mis¬ 
carry within the time limited for its payment, the drawer shall, on 
security given, upon request, to fndemnifV him if such bill shall be 
found again, give another bill of the same tehpur.” 

A full endorsement may specially restrain the negotiability of a bill 
or note: and an endorsement is restrictive, which either has express 
words making it so, or is made in favour of ^person who cannot make 
a transfer: thus an endorsement in these words, Pay the contents to 
J. S. only, to J. S. for my use, or (at least when addressed to the 
drawee) The within must be credited to J. S., is restrictive. 

But the mere omission of the words, or to his order, to give a power 
of transfer, will not make an endorsement restrictive. 

A restrictive endorsement precludes the person in whose favour it 
is made from making a transfer, so as to give a right of action against 
the person making it, or any of the antecedent parties, and (where 
the restriction is expressed upon the bill or note) from retaining a 
payment to their prejudice. 

An endorsement cannot be made for a part of, or less than, the full 
sum appearing to be due upon the bill or note, otherwise it would 
subject the party to a variety of actions. 

Of the Protest. 

A protest is that act by which the holder of a foreign bill of ex¬ 
change declares that such bill is dishonoured. The protest is a solemn 
declaration drawn up upon a separate piece of paper, that the bill 



BILLS OF EXCHANGE. 


929 


has been presented for acceptance or payment, which was refused, and 
that the holder intends to recover all damages which he, or his prin- 
ripal, or any other party, may sustain, on account of the non-ac¬ 
ceptance or non-payment. 

A protest is absolutely necessary on a foreign bill of exchange, 
where it is refused acceptance, or payment, in order to charge the 
drawer. The payee must demand acceptance from the drawee before 
protest. 

If payee die, there can be no protest before probate or admini¬ 
stration. 

If a bill, left for acceptance, be lost, the drawer must give a note 
for the payment thereof; otherwise it may be protested. 

If a bill be lost, and no new one can be had, and the drawee does 
not insist on having the original, but refuses payment on another 
account, a protest made on a copy is sufficient. 

A protest is good evidence of non-acceptance, or non-payment, until 
the contrary is proved. 

A protest on a foreign bill is necessary to recover, against the 
drawer, not only interest and costs, but also principal; and such 
protest must be made in due time, and timely notice given to the 
drawer. What is a timely notice must be determined by the custom 
of the merchants. 

Convenient notice must be given to the drawer of an inland bill; 
which notice, as to time, must also rest upon the custom, and verdict 
of a jury. (See post.) 

But, in case of non-payment of either foreign or inland bills, the 
safest way is to give as early notice to the person of whom it was re¬ 
ceived as possible; that is, by the first post, or rather, to send the bill 
to a correspondent, to tender it to the drawer, or endorser. Where 
they refuse to accept the bill, it may be protested, before the day of 
payment, for better security, but not for non-payment. 

Form of a Protest. 

On this day, the of one thousand eight hundred 

and I, of the city of London, Notary Public, 

by lawful authority duly admitted and sworn, did exhibit the original 
bill (or note) on the other side, copied to at 

and demanding payment thereof, was answered by that 

the said bill (or note) 

Therefore I, the said notary,- have protested, and by these presents do 
solemnly protest, as well against the drawer or subscriber of the said 
bill (or note,) as against all others whom it may concern, for exchange, 
re-exchange, and all costs, damages, charges, commissions, and inter¬ 
ests, suffered and to be suffered ? for want of payment (or acceptance) 
of the said bill (or note.) This done and protested in my office at 
London, the date aforesaid .—Quod attestor. 


(Seal.) not. pub. 

On the back of this protest is to be made an exact copy of the bill 
or note protested, together with a list of the endorsers on such bill 
or note. 

The notary’s fees of office, for noting and protesting bills, are set¬ 
tled by general acquiescence. The last regulations were by a general 
meeting of notaries in 1797, the resolutions of which meeting were 

3 o 




1)30 


BILLS OF EXCHANGE. 


approved by the governor and company of the Bank of England, and 
form a rule of charging at this time. 

The stamp-duties on these instruments are given hereafter. 

Of Notice of Dishonour. 

Notice must be given of the failure in the attempt to procure an 
acceptance, even though the application for such acceptance should 
have been unnecessary. 

So, if the drawee offer a partial, or conditional acceptance, or an 
acceptance at an extended period ; or if any other person offer an 
absolute one, though the holder may be willing to acquiesce in such 
acceptance, he must give notice. In such case, however, if he wish 
to avail himself of the fact, he must mention in his notice the accept¬ 
ance offered ; for a notice generally of non-acceptance, implies a non¬ 
acquiescence in such offer. Notice must come from the holder of a 
bill; and although there is no prescribed form for such, it ought to 
import that the holder looks on the person to whom it is given as 
liable, and that payment is expected from him. In the case of a 
foreign bill, it has aleady been observed, that “ a minute of non- 
acceptance, or non-payment, &c. must be made and proved (in the 
shape of a protest,) to maintain an action against the drawer.” 

To such of the parties as reside in the place where the presentment 
was made, the notice must be given, at the furthest, by the expiration 
of the day following the failure ; to those who reside elsewhere, by 
the next post. 

In ordinary cases universally, the rule is, that a party, in order to 
avoid laches, must give notice not later than by the next day's post , 
but need not give it by the next possible post. Williams v. Smithy 
2 Barn. & Aid. 496. 

Sending notice by the post is sufficient, though there be no proof 
that it was received ; and where there is no post, it is sufficient to 
send by the ordinary mode of conveyance. Therefore, in the case of 
a foreign bill, it is sufficient to send it by the first regular ship bound 
for the place to which it is to be sent; and it is no objection, that if 
sent by a ship bound elsewhere it would by accident have arrived 
sooner, though the owner wrote other letters by that ship to the place 
to which the notice was to be sent. 

When a bill was drawn for the accommodation of an endorsee, and 
neither such endorsee nor the drawer had any effects in the hands of 
the acceptor, it was holden that a subsequent endorsee, in order to 
entitle him to recover against the drawer, is bound to give notice of 
non-payment. Cory v. Scott, Trin. 1 Geo. IV. 3 Barn. & Aid. 

Each party, immediately upon the receipt of notice, ought to give a 
fresh one to such of those persons who are liable over to him, against 
whom he must prove notice. 

The drawer of a bill, and every person who transfers a bill or note, 

is, primd facie , to be presumed entitled to bring an action on paying 

it, and therefore entitled to insist on a want of notice, or on a neglect 
to make a proper presentment, but the contrary may be proved. 

Proof that the drawer had no effects in the hands of the drawee, 
from the time the bill was drawn until it became payable, is sufficient, 
at least, primd facie , to show, that the drawer would be entitled to 
bring no action on paying the bill, and has therefore no right to 



BILLS OF EXCHANGE. 931 

insist on notice, for in such case he cannot be injured by the want ot 
notice. 

If the payee of a note lend his name, merely to give it credit, and 
to enable the maker to raise money upon it, and know at the time 
that the maker is insolvent, he is not entitled to notice ; for under 
such circumstances, no loss could happen to him from the want of 
notice. So if the payee lend his name to secure a composition from 
the drawer to a creditor, and take effects of the drawer to answer it, 
he is not entitled to notice. 


Remedies for the Dishonour of Bills. 

Upon non-acceptance or non-payment, the holder of a bill or note 
may sue all the persons liable to him, on account of such non-accept¬ 
ance or non-payment, either at the same time, or successively one 
after the other. Bayl. 84. 

An endorser, an acceptor for the honour of an endorser or drawer, 
or the drawer, is, after payment by him, holder; but he holds in his 
original capacity, not as upon a transfer from the person he has 
paid. 

So the bail of any of the parties who are sued, or any persons wh« 
pay the bill or note, on account of any of the parties, become, on 
payment, holders ; and they hold as upon a transfer from the person 
for whom they made the payment, not as upon a transfer from the 
person they have paid 

Thus, if the maker of a note, or the acceptor of a bill, be sued iy 
the endorsee, and the bail pay the debt and costs, this absolutely 
discharges the endorser, as much as if the principal had paid the note 
or bill, and the bail cannot afterwards recover against the endorser in 
the name of the endorsee. 

An action may be brought upon a non-acceptance against the 
drawer before the expiration of the time limited by the bill for its 
payment. 

And all the antecedent parties are liable to the holder, on account 
of a non-acceptance or non-payment; and if the bill or note was 
transferred to him for a precedent consideration by delivery, the per¬ 
son who delivered it is alsl/ liable. Bayl. 86. 

If the holder sue all the persons liable at the same time, it had been 
supposed that the court or a judge would not stay proceedings in one 
action, but upon payment of the money recoverable hi that, and the 
costs in such of the rest in which judgment had not been obtained. 
But it has been determined that the acceptor is the only person against 
whom the plaintiff is entitled to the costs of all the actions, and that 
each of the other parties is entitled to a stay of proceedings upon 
paying the debt and costs in the action against him. 

But though he may recover judgment in all the actions, he can 
only once recover the sum payable by the bill or note, and the costs ; 
and if he reject a tender of such sum and costs, the court will make 
an order to restrain him from taking out execution. 

If the holder at first sue only some of the persons liable, he may 
at any time before satisfaction, sue all, or any, of the rest. 

Obtaining a judgment is no satisfaction even as to the parties suo- 
eequent to him, against whom the judgment is obtained. 

And the actual taking of a man in execution, and discharging 

3 o 2 


932 BILLS OF EXCHANGE. 

him upon a letter of licence, is no satisfaction as to any of the ante¬ 
cedent parties. 

Nor is it a satisfaction, that one of the parties has been charged in 
execution, oil the bill or note, and discharged as an insolvent, except 
as to the party at whose suit he was so charged. 

Receiving dividends under a commission of bankrupt, is a satisfac¬ 
tion pro tanto only. 

If more than one of the persons liable on account of the non-accept¬ 
ance, or non-payment of a bill or note, become bankrupt, the holder 
may prove, under the commission of each, the full amount of the 
money due to him upon the bill or note, at the time he makes his 
proof, and receive dividends under each upon the sums proved, until 
he shall in the whole have received such amount. But after the receipt 
of a dividend under one commission, he cannot prove under any of 
the rest, more than the sum remaining due, after deducting such 
dividend. 

So after a partial satisfaction, the holder must not in an action take 
a verdict for more than the sum remaining due ; if he do, the court 
will either make him correct the verdict, and pay any expense the 
mistake may have occasioned, or grant a new trial. 

In an action upon a bill or note, the plaintiff is entitled to recover 
the money payable thereby, with interest in some cases from the date 
of the note, as where it appears on the face of it to be for money lent, 
or is expressed to be payable with interest; but, in general, the holder 
is entitled to interest from the time it became due, or ought to have 
been regularly paid, down to the time of final judgment, together with 
all incidental expenses occasioned by the non-acceptance, or non¬ 
payment. 

Thus, upon a bill or note payable on presentment or demand, 
interest must be computed from the presentment or demand. 

The only incidental expense, in the case of the person who made the 
presentment, is the charge of the notice: in the case of any antecedent 
party, that of the return of the bill or note must be added. 

Upon a foreign bill, the re-exchange forms a part of the expense of 
the return; and let fhe bill be returned through ever so many hands, 
the drawer is liable for the re-exchange upon each return. 

And the drawer is liable for the re-exchange, and every other expense 
arising from the non-acceptance or non-payment, notwithstanding the 
dishonour of the bill is expressly ordered by the country on which it is 
drawn. 

On the return of a bill drawn here, for the payment of pagodas in 
the East Indies, the practice is to allow for the sum payable by the 
bill, interest, and all incidental charges, after the rate of 10s. for each 
pagoda, and £b per cent, thereon, from the expiration of 30 days 
after the bill’s dishonour ; and it has been determined that this practice 
was lawful, even where the price allowed for each pagoda, on the 
discount of the bill, was only 6s. 6d. 

Under a commission of bankrupt, the holder of a bill or note is not 
entitled to any interest or charges accrued or incurred after the com¬ 
mission issued. 


BILLS OF EXCHANGE. 


933 


Incidental Observations relative to Bills of Exchange, &c. 

Exceptions from the Duties on Bills of Exchange. 

All bills of exchange, or bank post bills, issued by the governor and 
company of the Bank of England. 

All bills, orders, remittance bills, and remittance certificates, drawn 
by commissioned officers, masters, and surgeons, in the navy, or by any 
commissioner of the navy, under the act 35 Geo. III. c. 94. for the 
more expeditious payment of the wages and pay of certain officers be¬ 
longing to the navy. 

All bills drawn pursuant to any former acts of parliament by the com¬ 
missioners of the navy, or victualling or transport service, or for taking 
care of sick and wounded seamen, upon, and payable by, the treasurer 
of the navy. 

All drafts or orders for the payment of any sum of money to the 
bearer, on demand, and drawn upon any banker, or person acting as a 
banker, who shall reside and transact the business of a banker, within 
ten miles of the place where such drafts or orders shall be issued, pro¬ 
vided such place shall be specified in such drafts or orders, and provided 
the same shall bear date on or before the day on which the same shall 
be issued, and that the same do not direct payment to be made by bills 
or promissory notes.* 

All bills for the pay and allowances of his Majesty’s land forces, &c. 
except such bills as shall be drawn in favour of contractors, or others, 
who furnish bread or forage to the troops, and who, by their contracts 
or agreements, shall be liable to pay the stamp-duties on the bills given 
in payment, for the articles supplied by them. 

Regulations in the Act. 

If any bill, &c. shall be written on paper not stamped, or stamped 
with a stamp of lower value than directed ; then there shall be due and 
paid the full duty thereby chargeable, which will be payable by, and 
charged upon, all persons who shall draw and make, and utter and ne¬ 
gotiate, such bills, &c. And all persons who shall write or sign, or 
cause to be written and signed, or who shall accept or pay, or cause to 
be accepted or paid, any bill, &c., without being first stamped with a 
proper stamp, shall forfeit ,£50. 

No bill, &c. shall be available in law or equity, unless stamped with 
the lawful stamp ; and it shall not he lawful for the commissioners to 
stamp any paper, &c. after any bill, &c. shall be written thereon under 
any pretence whatsoever.f 


Promissory Notes. 

The following instruments are deemed and taken to be Promissory 
Notes, within the intent and meaning of the act, viz. 

All notes, promising the payment of any sum or sums of money out 
of any particular fund, which may, or may not be available, or upon 
any condition or contingency, which may or may not be performed. 


* Fifteen miles by 9 Geo. IV. c. 42 § 15. post. 

| The regulations under which bills of exchange, when improperly stamped, may be 
rectified, are contained in 37 Geo. III. c. 136. § 5, 6. 



934 


RILLS OF EXCHANGE. 


or happen; if the same shall be made payable to the bearer, or to 
order, and if the same shall be definite and certain, and not amount 
in the whole to twenty pounds. 

And all receipts for money deposited in any bank, or in the hands 
of any banker or bankers, which shall contain any agreement or 
memorandum, importing that interest shall be paid for the money so 
deposited. 

Exemptions from the Duties on Promissory Notes. 

All notes promising the payment of any sum or sums of money out 
of any particular fund, which may or may not be available: or upon 
any condition or contingency, which may or may not be performed 
or happen; where the same shall not be made payable to the bearer 
or to order; and also where the same shall be made payable to the 
bearer or to order, if the same shall amount to twenty pounds, or be 
indefinite. 

And all such instruments, bearing in any degree the form or style of 
promissory notes, but which in law shall be deemed special agreements, 
except those expressly directed to be deemed promissory notes. But 
such notes shall nevertheless be liable to the duty which may attach 
thereon, as agreements or otherwise. 

Promissory notes issued by the governor and company of the Bank 
of England are also exempted from these duties. 


A few Words of Advice, the result of what has been advanced 

IN THE FEW IMMEDIATELY PRECEDING PAGES. 

To the Drawer of Bills. 

He should be well satisfied that they will be accepted and duly 
honoured before he draws: to this end, it is requisite that he be assured 
of having effects in the hands of the person drawn upon ; and also that 
he be a man of integrity and punctuality, who will not dishonour his 
paper, but pay it regularly as it becomes due ; for the dishonour of a 
bill may be ruin to the credit of the drawer, with all those, at least , 
through whose hands it may pass. 

To the Acceptor. 

He should be careful to accept no bill that he has not effects in his 
hands to answer. 

To insist upon his correspondent advising of each bill so soon as 
drawn, specifying the number, date, sum, time, and to whom payable; 
for, if he should accept or pay a forged draft, the loss will fall on 
himself. 

To adjust and balance all accounts of this nature at least once in 
three months, and oftener if the drafts are large and continual. 

To the Bill-Holder. 

He should exchange no drafts for a stranger, when he is not con¬ 
vinced of the validity thereof from the writing of the drawer or 
acceptor; if he be not satisfied on this head, he may offer to send the 
bill to one of the parties, and, when in cash, that he will account with 
him for the value. 


BILLS OF EXCHANGE. 


935 


He should see that the bill be drawn upon a proper stamp; and 
make the person paying the bill to him, endorse his name on the 
back ; and take a regular copy of the particulars of the bill in a book. 

If the bill be not already accepted, he should present it for accept¬ 
ance. If the person it is drawn upon will not accept, and also adds he 
will not pay it when due, return it to the endorser or drawer, imme¬ 
diately , taking an equivalent for the same. 

But if the drawee say “ he may pay it when due,” wait till that day, 
present it for payment, and, if then refused, have it protested; and for 
the amount call upon the endorser. But as you have at present the 
endorser and drawer as your security, be cautious how you give up the 
bill to either for their single security, if doubtful. 

When you remit a bill, endorse, on the back thereof, “ Pay the 
contents to A. B. or C. or order.” This will prevent the bill’s being 
negotiated, should it miscarry, or fall into improper hands. 

If the bill be payable to bearer, write upon the face thereof, “ Sent 

by post, December,-, to A. B. of C. D. E.” in red ink. Endorse 

no bill until you pay it away; for when endorsed, it becomes immedi¬ 
ately negotiable in whatever hands it may be. 

7 and 8 Geo. IV. c. 15. 

An Act for declaring the Law in relation to Bills of Exchange and 

Promissory Notes becoming payable on Good Friday or Christmas 

day. 

Bills or notes becoming due the day before Good Friday or Christmas 
day , notice of dishonour may be given the day after , fyc. —In all 
cases where bills of exchange, or promissory notes, shall be payable 
either under 39 and 40 Geo. III. c. 42. (see page 927, ante.') or other¬ 
wise, on the day preceding any Good Friday, or Christmas day, it shall 
not be necessary for the holder of such bills or notes to give notice of 
the dishonour thereof until the day next after such Good Friday or 
Christmas day ; and whenever Christmas day shall fall on a Monday, it 
shall not be necessary for the holder of such bills or notes as shall be 
payable on the preceding Saturday to give notice of the dishonour 
thereof until the Tuesday next after such Christmas day; and every 
such notice given as aforesaid shall be valid and effectual to all intents 
and purposes. § 1. 

Bills or notes becoming due on fast or thanksgiving days , Sfc. —In all 
cases where bills of exchange or promissory notes shall become due and 
payable on any day appointed by his Majesty’s proclamation for a day 
of solemn fast or a day of thanksgiving, the same shall be payable on 
the day next preceding such day of fast or day of thanksgiving, and in 
case of non-payment may be noted and protested on such preceding 
day; and as well in such cases as in the cases of bills and notes becom¬ 
ing due and payable on the day preceding any such day of fast or day 
of thanksgiving, it shall not be necessary for the holder of such bills 
and notes to give notice of the dishonour thereof until the day next after 
such day of fast or day of thanksgiving; and whensoever such day of 
fast or day of thanksgiving shall be appointed on a Monday, it .shall 
not be necessary for the holder of such bills or notes as shall be payable 
on the preceding Saturday, to give notice of the dishonour thereof until 
the Tuesday next after such day of fast or day of thanksgiving respect¬ 
ively ; and every such notice, so given as aforesaid, shall be valid and 
effectual to all intents and purposes. § 2. 



936 


BILLS OF EXCHANGE. 


Good Friday, 8fc. to be as Sunday. —Good Friday and Christmas 
day, and every such day of fast or thanksgiving, is and shall, for all 
other purposes whatever, as regards bills of exchange and promissory 
notes, be treated and considered as the Lord’s day, commonly called 
Sunday. § 3. 

This act not to extend to Scotland. § 4. 

9 Geo. IV. c. 23. 

An Act to enable Bankers in England to issue certain unstamped Pro¬ 
missory Notes and Bills of Exchange, upon payment of a composition 
in lieu of the Stamp Duties thereon. 

From and after July 1, 1828, it shall be lawful for any person or 
persons carrying on the business of a banker or bankers in England 
(except within the city of London, or within three miles thereof,) having 
first duly obtained a licence for that purpose, and given security by 
bond in manner in this act after mentioned, to issue, on unstamped 
paper, promissory notes for any sum of money amounting to five pounds 
or upwards, expressed to be payable to the bearer on demand, or to 
order at any period not exceeding seven days after sight; and also to 
draw and issue, on unstamped paper, bills of exchange expressed to be 
payable to order on demand, or at any period not exceeding seven days 
after sight, or twenty-one days after the date thereof; provided such 
bills of exchange be drawn upon a person or persons carrying on the 
business of a banker or bankers in London, Westminster, or the borough 
of Southwark, or provided such bills of exchange be drawn by any 
banker or bankers at a town or place where he or they shall be duly 
licensed to issue unstamped notes and bills under the authority of this 
act, upon himself or themselves, or his or their copartner or copartners, 
payable at any other town or place where such banker or bankers shall 
also be duly licensed to issue such nQtes and bills as aforesaid. § 1. 

If any banker or bankers, who shall take out a licence under the 
authority of this act, shall issue, under the authority either of this or 
any other act, any unstamped promissory notes for payment of money 
to the bearer on demand, such banker or bankers shall, so long as he 
or they shall continue licensed as aforesaid, make and issue on un¬ 
stamped paper all his or their promissory notes for payment of money 
to the bearer on demand, of whatever amount such notes may be; and 
it shall not be lawful for such banker or bankers, during the period 
aforesaid, to issue for the first time any such promissory note as afore¬ 
said on stamped paper. § 6. 


Negotiation of promissory notes , bills, Sec. under a limited sum in 
England.— By 7 Geo. IV. c. 6. intituled “An Act to limit, and after a 
certain period to prohibit, the issuing of Promissory Notes under a 
limited sum in England,” certain promissory notes, described in the 
second section, of bankers and of the Bank of England, payable to the 
bearer on demand for a sum under five pounds, may be issued and re¬ 
issued by such bankers and the Bank of England until April 5, 1829. 
§ 2. 

No body politic or corporate, or person shall, after the passing of this 
act, (March 22, 1826.) and before April 5, 1829, make, sign, issue, or re¬ 
issue in England any promissory note payable on demand to the bearer, 
for any sum less than five pounds, (except such promissory notes as are. 



BILLS OF EXC HANGE. 


937 


mentioned in the 2d sectionJ and no body politic or corporate, or 
person shall, after April 5, 1829, make, sign, issue, or re-issue in Eng¬ 
land any promissory note in writing, payable on demand to the bearer, 
for any sum less than five pounds; under the penalty, in either case, of 
twenty pounds for every note. § 3. 

No body politic or corporate, or person, in England, shall, after the 
passing of this act, publish, utter, or negotiate any promissory or other 
note, (not being a note payable to bearer on demand, as before men¬ 
tioned,) or any bill of exchange, draft, or undertaking in writing, being 
negotiable or transferable, for the payment of twenty shillings, or above 
that sum and less than five pounds, or on which twenty shillings, or 
above that sum and less than five pounds, shall remain undischarged, 
made, drawn, or indorsed in any other manner than as is directed by 
17 Geo. III. c. 30. under penalty o twenty pounds. § 4. 

This act not to extend to any draft or order drawn by any person 
on his banker, for the payment of money held by such banker to the 
use of the person by whom such draft or order shall be drawn. § 9. 

Every promissory note payable to bearer on demand for any sum 
under twenty pounds , which shall be made and issued after April 5, 
1829, shall be made payable at the bank or place where the same shall 
be so made and issued as aforesaid : provided, that nothing in this act 
shall extend to prevent any such promissory note from being made 
payable at several places, if one of such places shall be the bank or 
place where the same shall be so issued as aforesaid. § 10. 


Negotiation , in England , of promissory notes , fyc. under a limited 
sum , issued in Scotland or Ireland, or elsewhere out of England. —By 
9 Geo. IV. c. 65. intituled “ An Act to restrain the negotiation, in Eng¬ 
land, of Promissory Notes and Bills under a limited sum, issued in 
Scotland or Ireland,” no body politic or corporate, or person shall, after 
April 5, 1829, publish, utter, negotiate, or transfer, in any part of 
England, any promissory or other note, draft, engagement, or under¬ 
taking in writing, made payable on demand to the bearer, and being 
negotiable or transferable, for the payment of any sum less than five 
pounds, or on which less than five pounds shall remain undischarged, 
which shall have been made or issued, or shall purport to have been 
made or issued, in Scotland or Ireland, or elsewhere out of England, 
wheresoever the same shall or may be payable, under the penalty for 
every such offence of any sum not exceeding twenty pounds nor less 
than Jive pounds, at the discretion of the justice of the peace who shall 
hear and determine such offence. § 1. 

Nothing in this act shall extend to any draft or order drawn by any 
person on his banker, for the payment of money held by such banker 
to the use of the person by whom such draft or order shall be drawn. § 4. 


Drafts on hankers , exemption from stamp-duty. —By 9 Geo. IV. 
c. 49. § 15. From and after the passing of this act, (July 15, 1828,) 
all drafts or orders for the payment of any sum of money to the bearer 
on demand, and drawn in any part of Great Britain upon any banker or 
bankers, or any person or persons acting as a banker, who shall reside 
or transact the business of a banker within fifteen miles (see page 933) 
of the place where such drafts or orders shall be issued, shall be 
exempted from any stamp duty imposed by any act in force immediately 




938 


STAMP DUTIES. 


before the passing of this act; provided the place where such drafts oi 
orders shall be issued shall be specified therein, and provided the same 
shall bear date on or before the day on which the same shall be issued, 
and provided the same do not direct the payment to be made by bills 
or promissory notes. 


STAMP DUTIES on COMMERCIAL ACTS , 8fc. payable under 
the Act 55 Geo. III. c. 184 ; viz. 

AFFIDAVIT. 

Not being made to be filed, read, or used in any court of £. s. d. 

law or equity. 0 2 0 

Except affidavits before justices, or officers of revenue ; regarding 
probates of wills, and letters of administration; respecting the deaths 
of parties, &c., loss of notes, &c. occasionally required at the Bank of 
England. 

AGREEMENTS. 

Where the same shall not contain more than 15 common £. s. d. 


law sheets ...* 1 0 0 

Where above that number. ;. 115 0 

And for every 15 above the first. 1 5 0 


Except memoranda of heads of insurance by Royal Exchange, or 
London Assurance Companies ; of leases of tenement under bl. rent; 
of sale of goods; of agreement between master and mariners of any 
vessel for wages, or any voyage coastwise; and letters respecting mer¬ 
chandise between persons carrying on commerce, which pass by the 
post. 

APPRAISEMENTS. 

For any sum not exceeding .. £50 Two shillings and sixpence. 

Above .£50 and not exceeding 100 Five shillings. 


Above 100 . 200 Ten shillings. 

Above 200 . 500 Fifteen shillings. 

Above 500 .„. Twenty shillings. 


APPRENTICES’ INDENTURES, &c. 

Indenture and duplicate, when the premium given to the master, &c. 
is under 301.—Duty one pound. 

But poor children, placed out apprentices at the sole charge of a 
parish or any public charity, are exempted. 

Stamps on sea indentures, 8fc, reduced.-^ No higher duty of stamps 
than two shillings shall be charged upon the indenture of any appren¬ 
tice bound to serve at sea in the merchant service, nor upon any memo¬ 
randum or agreement made between the master a.nd mariners of any 
ship or vessel, for wages or service, on any voyage in such ship or 
vessel. 7 and 8 Geo. IV. c. 56. § 17. 

AWARD. 

In England.. 

And for every entire 1080 words above the first . 


£. s. d. 
1 15 0 

1 5 0 












STAMP DUTIES. 


939 


io efunb nan? «mdf- / * ■ , ; n: . b Atdllo •>« ma» 

BILLS of EXCHANGE (Inland.) 

Not exceeding two months Exceeding two months 
Not exceeding. after date, or sixty days’ after date, or sixty 

sight. days’ sight. 

If for £2.£5. 5s... One shilling. One and sixpence. 

Above 5. 5s.. 20 ... . One and sixpence... Two shillings. 

20. ... 30 .... Two shillings. Two and sixpence. 

30. ... 50 ... . Two and sixpence. . Three and sixpence. 

50. .. . 100 .... Three and sixpence. Four and sixpence. 

100.. .. 200 .... Four and sixpence.. Five shillings. 

200.. .. 300 .... Five shillings. Six shillings. 

300. .. . 500 .... Six shillings. Eight and sixpence. 

500. . . . 1000 .... Eight and sixpence.. Twelve and sixpence. 
1000. .. . 2000 .... Twelve and sixpence. Fifteen shillings. 

2000. .. . 3000 .... Fifteen shillings.. . . Twenty-five shillings. 

Above.3000 .... Twenty-five shillings. Thirty shillings. 

Penalty for post-dating Bills of Exchange , or Promissory Notes , ,£100. 

N.B.—Promissory Notes on Demand, made out of Great Britain, 
shall njot be negotiable in Great Britain, whether they are payable in 
Great Britain or not, unless stamped with the above Duties. 

BILLS of EXCHANGE, drawn in Sets (Foreign.) 

For every Bill of each Set, and for 


Any sum 

not exceeding. 

. . £100 One and sixpence. 

Above.. 

. £100 and not exceeding.. 

200 Three shillings 

Above. . 

. 200 . 

. . 500 Four shillings 

Above.. 

. 500. 

. . 1000 Five shillings. 

Above. . 

. 1000. 

. . 2000 Seven and sixpence. 

Above. . 

. 2000. 

. . 3000 Ten shillings. 

Above.. 

. 3000. 



If drawn singly, and not in a set, the duty is the same as the Inland 
Duty. 

*#* For the Exceptions on Bills o/Exchange, see page 933. 

BILLS of EXCHANGE (Protests of.) 

Under. £20 Two shillings. 

For £20 and under. 100 Three shillings. 

100. 500 Five shillings. 

500 and upwards. Ten shillings. 

Notarial acts, and every progressive sheet. Five shillings. 

BILLS of LADING. 

For goods to be Exported or carried Coastwise, Three shillings. 


BONDS 

In England, and Personal Bonds in Scotland, given as Security 
for the Payment of any definitive and certain sum of Money. 

For any sum not exceeding.£50 One pound. 

Above. .. . £50 and not exceeding 100 Thirty shillings. 

Above. ... 100 . 200 Two pounds. 

Above. . . . 200 . 300 Three pounds. 

Above. ... 300. 500 Four pounds. 
























940 


STAMP DUTIES. 


Above .. 500 and notexceeding 1000 

Above . . 1000. 2000 

Above . . 2000. 3000 

Above . . 3000. 4000 

Above . . 4000. 5000 

Above . . 5000. 10000 

Above . . 10000. 15000 

Above . . 15000. 20000 

Above .. 20000. 


Five pounds. 

Six pounds. 

Seven pounds. 
Eight pounds. 

Nine pounds. 
Twelve pounds. 
Fifteen pounds. 
Twenty pounds. 
Twenty-five pounds. 


Bonds in indemnity.Thirty-five shillings. 


For a Bond in England and personal Bond in Scotland, given as a 
security for the repayment of any sum or sums of money to be thereafter 
lent, advanced, or paid, or which may become due upon an account 
current, together with any sum already advanced or due, or without, as 
the case may be ; 

Where the total amount of the money secured, or to be ultimately 
recoverable thereupon, shall be uncertain and without any limit, the 
duty is Twenty-five pounds ; 

And where the money secured, or to be ultimately recoverable there¬ 
upon, shall be limited not to exceed a given sum, the duty is the same 
as on a Bond for such limited sum. 


BONDS FOR CUSTOMS AND EXCISE. 

For and upon every Bond given, pursuant to the directions of any 
act of parliament, or by the direction of the Commissioners of Customs 
or Excise, or any of their officers, for or in respect of any of the Duties 
of Customs or Excise, or for preventing frauds or evasions thereof, or 
for any other matter or thing relating thereto.. Five shillings 
[6 Geo. IV. c. 41. § 2.] But see Exceptions, page 440. 

*** For Bonds for various other purposes, see the schedule to the 
act 55 Geo. III. c. 184. 


CHARTER PARTY 


Or any agreement or contract for the charter of any ship or vessel, 
or any memorandum, letter, or other writing, between the captain, 
master, or owner, and any other person, for or relating to the freight or 
conveyance of any money, goods, or effects. . . . Thirty-five shillings. 

And, where the same, with its appendages, shall contain 2160 words 
or upwards, then for every entire quantity of 1080 words above the 
first 1080, a further progressive duty of.. Thirty-five shillings. 

Letters of Marque and Reprisal, duty .. . Five pounds. 


COMPOSITION. 

Between debtor and creditor,. Thirty-five shillings. 

And for every 1080 words above the first,. . Twenty-five shillings. 

CONVEYANCE or Sale of any Property. 

Purchase-money under £20 . Ten shillings. 

For .£20 and under 50. One pound. 

50. 150. Thirty shillings. 

150 . 300.... Two pounds. 

300 . 500... .. Three pounds. 

500 . 750. Six pounds. 
























STAMP DUTIES. 941 

For ,£750 and under £1000 Nine pounds. 


1000 . 2000 Twelve pounds. 

2000 . 3000 Twenty-five pounds. 

3000 . 4000 Thirty-five pounds. 

4000 . 5000 Forty-five pounds. 

5000 . 6000 Fifty-five pounds. 

6000 . 7000 Sixty-five pounds. 

7000 . 8000 Seventy-five pounds. 

8000 . 9000 Eighty-five pounds. 

9000 . 10000 Ninety-five pounds. 

10000 . 12500 One hundred and ten pounds. 

12500 . 15000 One hundred and thirty pounds. 

15000 . 20000 One hundred and seventy pounds. 

20000 . 30000 Two hundred and forty pounds. 

30000 . 40000 Three hundred and fifty pounds. 

40000 . 50000 Four hundred and fifty pounds. 

50000 . 60000 Five hundred and fifty pounds. 

60000 . 80000 Six hundred and fifty pounds. 

80000.100000 Eight hundred pounds. 


100000 and upwards .... One thousand pounds. 

Progressive Duty on every 1080 words, after the first 
1080 words, Twenty Shillings. 

*** But all Stamp Duties upon the transfer of property in Ships-and 
Vessels, either absolutely or by way of Mortgage, are repealed 
altogether by the 6 Geo. IV. c. 41. 

DEBENTURES. 

For every Debenture or Certificate for entitling any person to receive 
any Drawback of any duty of Customs or Excise,—or any Bounty 
payable in respect of any goods, wares, or merchandise exported, from 
Great Britain or Ireland respectively, to any parts beyond the seas, 
(6 Geo. IV. c. 41. § 2.). Five shillings. 

*** For the Penalty on Agents or other persons who shall be re¬ 
quired by any act of parliament, or by the direction of the Commis¬ 
sioners of Customs or Excise, or any of their officers, to enter into bond 
in respect of any Duties of Customs or Excise, or for preventing frauds 
or evasions thereof, or for any matter or thing relating thereto, for in¬ 
cluding in one and the same Bond any goods bond fide belonging to 
more persons than one, (not being copartners, or joint tenants, or 
tenants in common,) see page 440. 


LETTERS 

Or Powers of Attorney, made by any petty officer, seaman, £. s. 


marine, or soldier, for receiving prize-money. 0 1 

-for receiving Wages. 1 0 

-for sale, transfer, acceptances, &c. of parliamentary 

stocks or funds, or receipt of dividends on the same. 1 0 

-of every other kind. 1 10 

And for every 1080 words above the first. 1 0 

Letters of Licence from creditors to a debtor. 115 

And for every 1080 words above the first. 1 5 

Letters of Marque and Reprisal.. 5 0 


d. 

0 

0 

0 

0 

0 

0 

0 

0 































942 


STAMP DUTIES. 


POLICY OF ASSURANCE. 


Foreign Policies. —For any certain term or period of time not 

exceeding twelve calendar months, when the premium shall £. s . d. 


not exceed 20$. the duty per cent, is. 0 2 6 

If exceeding 20$. per cent, the duty per cent, is. 0 5 0 


Coasting Policies , including Ireland, Guernsey, Jersey, Sark, and 
Isle of Man, are charged with half the above duties. 

If, however, the separate interests of two or more persons shall be 
assured by one policy, then the duty is charged in respect of every frac¬ 
tional part of £100, as well as in respect of every full sum of <£100. 


Life Policies. If the sum assured be under £500 


If for £500 and under. 1000 

1000 . 3000 

3000 . 5000 


5000 and upwards 


One pound. 
Two pounds. 
Three pounds. 
Four pounds. 
Five pounds. 


PROMISSORY NOTES. 


1. Notes reissuable by licensed Bankers , as often as may be thought Jit. 
For the payment, to the bearer on demand , of any sum 


Not exceedi 

ng One guinea. 


Above . . 

£1. 1$. and not exceeding £2. 2s. Ten-pence. 

Above .. 

2. 2$. 


Above .. 

5. 5$. 


Above .. 

10. 


Above . . 

20 . 


Above . . 

30. 


Above .. 

50. 



2. Notes not reissuable after being once paid. 

For the payment in any other manner than to the bearer on demand , 
but not exceeding two months after date, or sixty days sight, of any 
sum— 

Amounting to 40$. and not exceeding £5. 5$. One shilling. 


Above .. £5. 5$. 20 .. One shilling and 6d. 

Above .. 20 30 . . Two shillings. 

Above . . 30 50 .. Two shillings and 6d. 

Above .. 50 100 .. Three shillings and 6d, 


For the payment, either to the bearer on demand , or in any other 
manner than to the bearer on demand, but not exceeding two months 
after date, or sixty days after sight, of any sum— 

Above . . £100 and not exceeding £200 . . Four shillings and 6d. 


Above . . 200 300 . . Five shillings. 

Above . . 300 500 . . Six shillings. 

Above .. 500 . 1000 .. Eight shillings and 6d. 

Above .. 1000 2000 .. Twelve shillings and 6d 

Above . . 2000 3000 . . Fifteen shillings. 

Exceeding 3000 . .. One pound and 5s 

























STAMP DUTIES. 


943 


For the payment to the bearer or otherwise, at any time exceeding* 
two months after date, or sixty days after sight, of any sum— 


Amountin 

g to 40s. and not exceedin 

g<£5. 5s. 

One shilling and 6d. 

Above .. 

<£5. 5s. 

20 . . 

Two shillings. 

Above . . 

20. 

30 . . 

Two shillings and 6d. 

Above . . 

30... 

50 . . 

Three shillings and 6d. 

Above .. 

50. 

100 .. 

Four shillings and 6d. 

Above . . 

100. 

200 .. 

Five shillings. 

Above .. 

200. 

300 . . 

Six shillings. 

Above .. 

300. 

500 . . 

Eight shillings and 6d. 

Above .. 

500.. .. 

1000 .. 

Twelve shillings and 6d. 

Above . . 

1000. 

2000 . . 

Fifteen shillings. 

Above . . 

2000 . 

3000 . . 

One pound and 5s. 

Exceeding 

;3000 . 


One pound and 10s. 


For the payment of any sum by instalments, or for the payment of 
several sums of money at different days or times, so that the whole of 
the money to be paid shall be definite and certain ; the same duty is 
charged as on a note payable in less than two months after date for a 
sum equal to the whole amount of the money to be paid. 

*** For Regulations and Exemptions , see Chapter on Bills of 
Exchange. 


RECEIPTS FOR MONEY. 


For <£2 and under. £b 

5. 10 

10 . 20 

20. 50 

50. 100 

100 . 200 

200. 300 

300. 500 

500. 1000 


1000 and upwards. 
Any sum, if in full 


Two-pence. 

Three-pence. 

Six-pence. 

One shilling. 

One and sixpence. 
Two and sixpence. 
Four shillings. 

Five shillings. 

Seven and sixpence. 
Ten shillings. 

Ten shillings. 


N.B.—The person receiving the money may be compelled to pay 
the duty. 





























FACTORS AND FACTORAGE. 


945 


CHAPTER II. 


OF FACTORS AND FACTORAGE. 

Factor, Broker, and Agent, are terms nearly synonymous; yet 
custom has created distinctions in applying them to particular kinds of 
agency. Hence Factor appears to be exclusively applied to persons 
employed in the purchase or sale of goods; Broker is generally a factor, 
and employed in the shipping and money transactions of merchants 
and masters of ships ; and Agent generally is a person duly authorized 
to act for others, and may therefore be indiscriminately applied to the 
whole. 

The factor generally receives, from the merchant or person by whom 
be is employed, a commission of factorage, according to the usage of the 
place where he resides, and the business he transacts. It is requisite 
that he keep strictly to the tenour of his orders, as a deviation from 
them, even in the most minute particular, exposes him to make ample 
satisfaction for any loss that may accrue from his non-observance. 

The usual compensation to a factor is made by a commission of so 
much per cent, on the goods sold; but sometimjte he acts under a del 
credere commission ;* or, for an additional premium beyond the usual 
commission, he undertakes for the credit of the persons to whom he sells 
the goods to him consigned. In the latter case, the undertaking, though 
verbal, is not affected by the statute against frauds, 29 Car. II. c. 3 ; 
which, in general, invalidates any verbal undertaking to be responsible 
for the debt of a third person; and the factor is usually sued as if he 
himself was the purchaser. 

A factor authorized to sell goods in his own name generally debits 
the buyer to himself; though, if money be not paid, he is not liable to 
his principal for it; (unless under a commission del credere ;) yet he 
has a right to receive it, and his receipt is the proper discharge. The 
factor may bring his action, and the buyer cannot set off a former sum 
due to him from his principal. Strange, 1182. 


* Del credere is an Italian mercantile phrase, which has the same signification a3 
the English word Guarantee , and the Scottish'word IVarrandice . 

3 p 





946 FACTORS AND FACTORAGE. 

A factor selling 1 goods as his own, by endorsement of the bill of 
lading, though no delivery is made, the goods being at sea ; the buyer 
shall keep possession, unless collusion appears between them. 2 Burr. 
2046. 1 Black. R. 629. 

A factor empowered by general orders to dispose of goods to the 
best advantage, is bound to exercise that degree of diligence which a 
prudent man exercises in his own affairs. If it appear that he has 
done so, and sold the goods to persons in reputed good circumstances, 
and to whom he would have given credit on his sole account, he will 
not be liable, although some of them should fail. The factor, in this 
case, is generally paid by a commission of so much per cent, upon the 
goods sold, and is sure of his commission, whether the event be favour¬ 
able, or otherwise. Hence, to preclude risk to the merchant, the agree¬ 
ment called del credere was invented, by which the factor, for an addi¬ 
tional premium beyond the usual commission,when he sells the goods on 
credit, becomes bound to warrant the solvency of the purchaser. Lord 
Mansfield said ( Grove v. Dubois , 1 T. R. 115.) that a commission del 
credere was an absolute engagement to the principal from the broker 
(or factor), and made him liable in the first instance. Thus, when a 
factor, under a commission del credere , sold goods, and took accepted 
bills from the purchasers, which he endorsed to a banker, at the place 
of sale, and, having received the banker’s bill, (payable to the factor’s 
own order,) on a house in London, endorsed and transmitted it to his 
employer, who got it accepted ; it was holden, that, on the failure of 
the acceptor and drawer of this bill, the factor was answerable for the 
amount. 

A sale by a factor creates a contract between the owner and buyer, 
although unknown to each other, and this rule holds even in cases 
where the factor acts upon a del credere commission. Hence, if a 
factor sell goods, and the owner give notice to the buyer to pay the 
price to him, and not to the factor, the buyer will not be justified in 
afterwards paying the factor, and the owner will be entitled to recover 
the price in an action against the buyer, unless the factor have a lien 
on such price. 

If goods be bought by a person as a broker, though without dis¬ 
closing the name of tke purchaser, until he has become insolvent, the 
purchaser thus knowing that the party acted as an agent, cannot set 
off the price of the goods against a debt due to him from the broker, 
but is still liable to the vender.—But when a factor acting under a 
del credere commission, sells goods as his own, and the buyer does not 
know of any principal, the buyer may, in an action brought against 
him by the principal, set off a debt due to him from the factor. 

The circumstance of persons selling goods, being described in the 
catalogue of sale as sworn brokers, is not sufficient notice to the pur¬ 
chaser that they are only agents in that transaction, to prevent him 
from dealing with them as principals ; and, when goods are sold by a 
broker without disclosing his principal, the purchaser is justified in 
paying him in the same, or in a different, manner from that stipulated 
for by the terms of the contract; though it would be otherwise when 
the principal is disclosed at the time of sale. When, however, a factor 
sells goods as a principal, and before they are all delivered, or any 
part of them paid for, the purchaser is informed that they belong to a 
third person, in an action by the latter for the price of them, the pur¬ 
chaser cannot set off a debt due to him from the factor. 


FACTORS AND FACTORAGE. 


947 


If a broker be authorized by one man to sell goods, and to buy such 
goods for another, an entry in his books of sale of these goods from 
the one to the other, signed by him, is in general a binding contract 
between the parties ; the bought and sold note, which is a copy of 
this entry, is not sent to the parties for theft' approbation, but to inform 
them of the terms of the contract. The authority, however, of the 
broker may be countermanded at any time before a memorandum of 
the contract of sale is written and signed by him, pursuant to the statute 
against frauds, although he has previously entered into a verbal agree¬ 
ment to sell the goods. 

In the city of London, if goods are sold by a broker, to be paid by 
a bill of exchange, the vender has a right, within a reasonable time, if 
he be not satisfied with the sufficiency of the purchaser, to annul the 
contract. But the vender must intimate his dissent so soon as he has 
had an opportunity to inquire into the solvency of the purchaser, and 
five days have been deemed too long for this purpose. 

Should unlimited orders be given to a factor, he is left to buy, or 
sell, on the best conditions he can. If detriment occur to his em¬ 
ployers, the ready excuse will probably be, that he acted for the best 
according to his prudence and judgment. 

The factor being merely a trustee for his principal, if the latter, 
having goods in the other’s hands, owe him money by simple con¬ 
tract, and then die indebted by specialty more than his assets are 
worth, the factor cannot retain the goods. 

If the factor receive a commission merely to sell and dispose of 
goods, this will not enable him to trust; yet it is now held that he may 
sell on credit, unless the usage of the trade be to the contrary. 

The maxim thift the principal is civilly responsible for the acts of 
his agent, prevails universally in courts of law and equity; and, upon 
this principle it was held by Chief Justice Holt that a merchant was 
answerable for the deceit of his factor who had sold some silk to the 
plaintiff as silk of a superior, knowing it to be of an inferior, quality. 

The several merchants who employ the same factor must run the 
joint risk of his actions, although they are strangers to each other; 
thus, if five merchants remit to him five distinct bales of goods, and 
the factor make a joint sale of them to one man, who is to pay one 
moiety down, and the other at six months’ end; if the buyer fail 
before the second payment, each merchant must bear a proportional 
share of the loss, and be content to accept of his dividend of the 
money advanced. 

But if the factor draw a bill of exchange upon all those five mer¬ 
chants, and one of them accept the same, the others shall not be 
obliged to make good the payment. 

The authority and trust reposed in factors being very great, they 
ought to be very provident in their actions for the benefit of their 
principals. If a factor give time to a man for payment of monies 
contracted on sales of his employer’s goods, and after the time is 
elapsed sell goods of his own to the same person for ready cash, 
leaving the other unpaid, and such man become insolvent, the factor 
ought to make good the loss; although he cannot be compelled by 
the law. 

If goods are remitted to a factor, and he make a false entry ot them 
at the custom-house, or land them without entry, whereby they incur 
seizure or forfeiture, he must make good the damage to his principal * 

3 p 2 


948 


FACTORS AND FACTORAGE. 

but. if he make his entry according’to invoice or his letters of advice, 
and these prove erroneous, the goods are lost, and he discharged. 

The same probity expected from the factor is, by the law, expected 
from his employer, judging that the act of the one is that of the other : 
therefore, if a merchant consign counterfeit jewels to his factor, who 
sells or disposes of them as if genuine, and incurs a loss or damage 
thereby, the merchant shall not only make it good, but render such 
other satisfaction as may be adjudged. It is established that a prin¬ 
cipal shall answer for his factor in all cases; and, in contracts, if a 
factor buy goods on account of his principal, especially if accustomed 
to do so, the contract of the factor will compel the principal to a per¬ 
formance of the bargain. 

The proceeds of goods sold by a factor must be carefully disposed 
of. If applied without the limits of his commission, or order, he 
becomes responsible. Conforming to this, if he be robbed, the act dis¬ 
charges him; and if he buy goods which after suffer injury, the loss 
becomes that of the merchant. If the factor take money that is false, 
he must make good the loss; but if the money which he receives be 
afterwards lessened in value by edict or proclamation, the loss is that 
of the merchant. 

The caution of the factor is particularly required to letters of credit: 
as to whether for a time limited, or to. what value, &c. 

It is now held, that, if a merchant remit goods to his factor, and 
shortly after draw a bill on him, which is accepted, and he then fail, 
the factor has a general lien upon all goods in his hands for the value 
of his acceptance, and whatever may be due to him. 

Bills remitted to a factor are, while unpaid, considered as goods 
unsold ; and, if the factor become bankrupt, must be returned to the 
principal, subject to the lien of the factor. Black. Rep. 1154. A factor 
has a lien on consigned goods for incident charges, and also as an item 
of general account for balance due to him, so long as he keeps posses¬ 
sion of them : if he part with them, he parts with his lien. 1 Burr. 
489. 1 Black. Rep. 104. 

If a factor, who enters into a charter-party with a master for freight- 
ment personally covenant for the performance of it, he is obliged by 
the contract; but, if he load abroad generally, the goods, the princi¬ 
pals, and the lading, are made liable, and not the factor. 

If a factor possessing money belonging to his principal receive 
orders from him to make insurance on ships and goods, so soon as he 
has loaded, and neglect to do so, he shall make good the damage that 
may accrue from such neglect. In case of loss he ought not to make 
a composition without orders from his principal. 

Joint-factors are answerable for each other ; and one may account 
without his companion. 

A factor should be extremely punctual in the advices of his trans 
actions, in sales, purchases, affreightments, and especially in drafts by 
exchange. If he sell on trust, without giving advice thereof, and the 
buyer fail, he is liable to trouble for his neglect; and, if he draw 
without advising that he has so done, he may expect to have his bill 
returned protested. If he deviate from the orders he receives for pur¬ 
chasing goods in any respect; or if, after they are bought, he send 
them to a different place from that directed to, they must remain 
for his own account; unless the merchant, on advice, admit them. If 
he sell a commodity under the price ordered, he may be compelled to 
make good the difference; and if, on purchasing goods for another, at 


FACTORS AND FACTORAGE. 


949 


a price limited, the price rise, and he take them for his own account, 
and send them to another part, he will be obliged to satisfy his prin¬ 
cipal for damages. 

Again, if a factor, in conformity with a merchant’s orders, buy with 
his money or credit that which he shall be directed to purchase, and, 
without giving advice, sell it again to profit, appropriating the advan¬ 
tage to himself, the merchant may recover it from him, and amerce him 
for the fraud. 

If a merchant order his factor to ship him a sum of money, in the 
current coin of a kingdom, when its exportation is prohibited, and the 
money be seized, the loss is the merchant’s, and not the factor’s. 

Lastly, if a factor pay the money of a merchant, without his orders, 
it is at his own risk ; so, also, if he lend his cash without leave, although 
he propose that the interest shall be for the merchant. 

All persons who, as agents or factors for others, seek their living by 
buying and selling, may become bankrupt. 

If both factor and consignor become bankrupt, the assignees of the 
factor have no property in the cargo, and cannot recover from the 
assignees of the merchant if the latter have sold it and received the 
purchase money. 1 Term Rep. 783. 4 Brown P. C. 8vo. 47. 

A general rule of law being “ that property does not change while 
in transitu ,” or in the hands of a carrier, a consignment made before 
the bankruptcy of a consignor, but not arriving till after, remains the 
property of the consignor, except, indeed, where the delivery is made 
by the order , and upon the account of the consignee, and be a com¬ 
plete alienation from the consignor. In the case, therefore, of a con¬ 
signment. to a factor, the property remains the consignor’s, and passes 
into the hands of his assignees. If a factor have a lien on goods, he 
has a right to the price, although received after the bankruptcy. 
Olive v. Smith , 5 Taunt. 56. 

For the protection of merchants making advances upon goods con¬ 
signed to factors, the 4 Geo. IV. c. 83. provided that such goods shall 
be deemed to be the property of the person in whose name they are 
shipped, so far as to entitle the consignee to a lien thereon in respect of 
any securities given by such consignee, to or for the use of the person 
in whose name the goods are shipped. 

As the law has formerly stood, a factor, as such, had not any autho¬ 
rity to pledge , but only to sell, the goods of his principal; and the same 
rule held with respect to a bill of lading endorsed to a factor by his 
principal. But the law in this respect is altered, and the factor enabled 
to pledge in pursuance of a recent act made to amend the above-men¬ 
tioned act of 4 Geo. IV. c. S3. This statute is the 6 Geo. IV. c. 94. 
intituled “ An act to alter and amend an act for the better protection 
of the property of merchants and others , who may hereafter enter into 
contracts or agreements in relation to goods , wares , or merchandise in¬ 
trusted to factors or agents .” 

Factors or agents having goods or merchandise in their possession , 
shall be deemed to be the true owners. —Any person intrusted, for the 
purpose ofconsignnUnt or of sale, with any goods, wares, or merchandise, 
and who shall have shipped such in his own name, and any person 
in whose name any goods, wares, or merchandise shall be shipped by any 
other person, shall be deemed to be the true owner, so far as to entitle 
the consignee to a lien thereon, in respect of any money or negotiable 
security advanced by such consignee for the use of the person in whose 
name such goods, wares, or merchandise shall be shipped, or in respect 


950 FACTORS AND FACTORAGE. 

of any money or negotiable security received by him, to the use of such 
consignee, in like manner as if such person was the true owner ; pro¬ 
vided such consignee shall not have notice by the bill of lading, or 
otherwise, before the time of any advance of such money, or negotiable 
security, or of such receipt of money or negotiable security in respect 
of which such lien is claimed, that such person so shipping in his own 
name, or in whose name any goods, wares, or merchandise shall be 
shipped by any person, is not the actual and bond fide owner, any law, 
usage, or custom to the contrary thereof notwithstanding: Provided 
also that the person in whose name such goods, wares, or merchandise 
are so shipped shall be taken, for the purposes of this act, to have been 
intrusted therewith for the purpose of consignment or of sale, unless 
the contrary thereof shall be made to appear by bill of discovery, or be 
made to appear in evidence by any person disputing such fact. § 1. 

Persons in possession of bills of lading to be the owner so far as to 
make valid contracts. —From and after the 1st of October, 1826, any 
person intrusted with any bill of lading, India warrant, dock warrant, 
warehouse keeper’s certificate, wharfinger’s certifi«ate, warrant or order 
for delivery of goods, shall be deemed to be the true owner, so far as 
to give validity to any contract or agreement thereafter to be entered 
into by such person so intrusted, with any person, body politic or cor¬ 
porate, for the sale of the said goods, wares, and merchandise, or for 
the deposit or pledge thereof, as a security for any money or negotiable 
instrument advanced or given by such person, body politic or corporate, 
upon the faith of such documents ; provided such person, body politic 
or corporate, shall not have notice by such documents or otherwise, 
that such person so intrusted is not the actual and bond fide owner. § 2. 

No person to acquire a security upon goods in the hands of an agent 
for an antecedent debt , beyond, the amount of the agent's interest in the 
goods. —In case any person, body politic or corporate, shall, after this 
act, accept any such goods, in deposit or pledge from any such person 
so intrusted, without notice as aforesaid, as a security for any debt or 
demand due from such person so intrusted, to such person, body politic 
or corporate, before the time of such deposit, then such person, body 
politic or corporate, so accepting such goods in deposit or pledge, shall 
acquire no further interest in the said goods, or any such document, 
than was possessed, or might have been enforced by the said person so 
intrusted, at the time of such deposit or pledge ; but such person, body 
politic or corporate, so accepting such goods, in deposit or pledge, 
shall acquire, possess, and enforce such right, title, or interest as might 
have been enforced by such person so intrusted. § 3. 

Persons may contract with known agents in the ordinary course oj 
business , or out of that course if within the agent's authority. —Froni 
and after the 1st of October, 1826, it shall be lawful for any person, 
body politic or corporate, to contract with any agent, intrusted with 
any goods, or to whom the same may be consigned, for the purchase or 
such goods, and to receive the same of and pay for the same to such 
agent; and such contract and payment shall be binding upon the 
owner, notwithstanding such person, body politi£ or corporate, shall 
have notice that the person making and entering into such contract 
or on whose behalf such contract is made, is an agent; provided such 
contract and payment be made in the usual course of business, and 
that such person, body politic or corporate, shall not have notice that 
such agent is not authorized to sell the said goods, or to receive the 
said purchase money. § 4. 


FACTORS AND FACTORAGE. 


951 


Persons may accept and take goods in pledge from known agents .— 
From and after the passing of this act, it shall be lawful for any per¬ 
son, body politic or corporate, to accept any such goods, or any such 
document as aforesaid, in deposit or pledge from any factor or agent, 
notwithstanding such person, body politic or corporate, shall have 
notice that the person making such deposit or pledge is a factor or 
agent; but then and in that case such person, body politic or corporate, 
shall acquire no farther interest in the said goods, or any such docu¬ 
ment, than was possessed or might have been enforced by the said 
factor or agent, at the time of such deposit or pledge ; but such per¬ 
son, body politic or corporate, shall acquire, possess, and enforce such 
right, title, or interest as was possessed and might have been enforced 
by such factor or agent. § 5. 

Right of the true owner to follow his goods while in the hands of his 
agent or of his assignee in case of bankruptcy .—Nothing herein con¬ 
tained shall be deemed to deprive the true owner or proprietor of such 
goods, from demanding and recovering the same from his factor or 
agent, before the same shall have been so sold, deposited, or pledged, 
or from the assignees of such factor or agent, in the event of his, her, 
or their bankruptcy ; nor to prevent such owner or proprietor from 
demanding or recovering of and from any persons, bodies politic or 
corporate, the price agreed to be paid for the purchase of such goods, 
subject to any right of set-off on the part of such persons, bodies politic 
or corporate, against such factor or agent; not * to prevent such owner 
or proprietor from demanding or recovering of and from such persons, 
bodies politic or corporate, such goods, so deposited or pledged, upon 
repayment of the money, or on restoration of the negotiable instrument 
so advanced or given on the security of such goods, by such persons, 
bodies politic or corporate, to such factor or agent; and upon payment 
of such further sum, or on restoration of such other negotiable instru¬ 
ment (if any) as may have been advanced or given by such factor or 
agent, to such owner or proprietor, or on payment of a sum equal to 
the amount of such instrument; nor to prevent the said owner or 
proprietor from recovering of and from such persons, bodies politic or 
corporate, any balance remaining in their hands, as the produce of the 
sale of such goods, after deducting thereout the amount of the money 
or negotiable instrument so advanced or given upon the security 
thereof: Provided always, that in case of the bankruptcy of any such 
factor or agent, the owner or proprietor of the goods so pledged and 
redeemed shall be held to have discharged pro tanto the debt due by 
them to the estate of such bankrupt. § 6. 

Agents fraudulently pledging the goods of their principals .—If any 
such factor or agent, at any time after the said 1st day of October, 1826, 
shall deposit or pledge any goods intrusted or consigned to his care or 
management, or any of the said several documents so possessed or 
intrusted as aforesaid, with any persons, bodies politic or cprporate, as 
a security for any money or negotiable instrument borrowed or received 
by such factor or agent, and shall apply or dispose thereof to his own 
use, in violation of good faith, and with intent to defraud the owner of 
such goods, every person so offending, in any part of the United 
Kingdom, shall be deemed to be guilty of a misdemeanour, and being 
convicted thereof, shall be sentenced to transportation for not exceeding 
fourteen years, or to receive such other punishment as may by law be 


* It should be non 




952 FACTORS AND FACTORAGE. 

inflicted on persons guilty of a misdemeanour, and as the court before 
whom such offender may be tried and convicted shall adjudge. § 7. 

Not to extend to cases in which the agent has not made the goods a 
security for any sum beyond the extent of his own lien. —Nothing 
herein shall extend to subject any person to prosecution, for having 
deposited or pledged any goods, provided the same shall not be made 
a security for or subject to the payment of any greater sum than at the 
time of such deposit or pledge was justly due to such person from his 
principal: Provided nevertheless, that the acceptance of bills of 
exchange by such person, drawn by or on account of such principal, 
shall not be considered as constituting any part of such debt so due 
from such principal within the meaning of this act, so as to excuse the 
consequence of such a deposit or pledge, unless such bills shall be paid 
when due. § 8. 

Act not to extend to partners not being privy to the offence .—The 
penalty by this act annexed to the commission of any offence intended 
to be guarded against by this act, shall not extend to any partner or 
other person of any partnership, society, or firm, except only such 
partner or person as shall be accessory or privy to the commission of 
such offence. § 9. 

Act not to lessen any remedy at law or equity. —Nothing in this act 
contained, nor any proceeding, conviction, or judgment to be had 
thereupon, shall prevent any remedy at law or in equity, which any 
party aggrieved by any offence might have been entitled to against 
any such offender if this act had not been made, nor any proceeding, 
conviction, or judgment had been had thereupon; but nevertheless, 
the conviction of any offender against this act shall not be received in 
evidence in any action at law or suit in equity against such offender: 
And no person shall be liable to be convicted by any evidence as an 
offender against this act, if he shall at any time previously to his being 
indicted have disclosed any such matter on oath under any compulsory 
process of any court of law or equity, in any action to which he shall 
have been a party, and which shall have been bond fide instituted by the 
party aggrieved. § 10. 

COMMERCIAL AGENTS are persons frequently appointed to 
settle accounts, and dispose of the effects of merchants and other per¬ 
sons dying or failing in foreign countries, or at home. Their commis¬ 
sion terminates with the particular business for which they were 
engaged, and they generally give security for the trust reposed in them. 
Agents are likewise appointed by colonies and particular districts, to 
transact the public commercial concerns of the places from which they 
are deputed, with the officers of the mother-country to which they 
belong. It is their duty to preserve the commercial rights and fran¬ 
chises of their principals, to present petitions against any proposed 
measures detrimental to their interest, and regularly to correspond 
upon these subjects, and to advise with the merchants and others 
interested in the countries where they reside. Such are the agents for 
our West India Islands and other settlements, whose public business 
lies chiefly with the Board of Trade and Plantations, and the Secretary 
of State for the Colonies. Of such, also, is the factory of Canton, 
corresponding with the East India Company. 

SUPERCARGOES are persons employed by commercial com¬ 
panies, or private merchants, to take charge of the cargoes they export 


953 


FACTORS AND FACTORAGE. 

to foreign countries, to sell them there to the best advantage, and to 
purchase returning cargoes of the most advantageous kind. The 
supercargoes generally go out, and return with the ships on board or 
which they were embarked, and therein differ from factors, who reside 
abroad at the settlements of the companies for which they act. The 
East India Company send out supercargoes only to the places where 
they have no factories ; and sometimes the chief supercargo remains at 
the place of the ship’s destination some time, waiting the arrival or return 
of other ships, and acting as factor for the company. The contracts of 
a supercargo are equally binding as those of a master within the scope 
of his authority. It was, therefore, ruled by Lord Ellenborough, in the 
case of Mitchell v. Glennie , (1 Stark. 230.) that the owner of a ship 
was liable for stores and necessaries supplied by order of a supercargo, 
after the detention and liberation of the vessel by a foreign power, 
although the supplies were furnished after an abandonment by the 
owner to the underwriters. 

SHIPS’ HUSBANDS. The chief employment of this class of 
agents is in the principal seaports, especially London, where they pur¬ 
chase in the ship’s stores for her voyage, procure cargoes on freight, 
settle the terms and obtain policies of assurance, receive the amount 
of freight, pay the captain or master his salary and disbursements, and 
finally, make out an account of all these transactions for their em¬ 
ployers, the owners of ships, to whom they may be considered as 
stewards on land as the officer bearing that name is on board the 
ship, when at sea. Their general commission is 2 per cent, on their 
accounts. 

CUSTOM-HOUSE AGENTS are persons employed to enter and 
clear ships, goods and baggage. They give security for their faithful 
and incorrupt conduct, and are licensed. See 6 Geo. IV. c. 107. 
§ 139. in Customs. 













WEIGHTS, MEASURES, &c. 


955 


CHAPTER III. 


MONIES, WEIGHTS, MEASURES, AND EXCHANGES 
OF THE PRINCIPAL TRADING PLACES IN THE 
WORLD. 


Of Weights and Measures in general. 

Weight, in a commercial sense, denotes a body, legally defined, ap¬ 
pointed to be put in the balance against other bodies, whose momentum 
is required. 

The word Measure, taken in a similar sense, can require no definition. 
The original standards appear to have been pointed out by the size and 
proportions of the human frame; and these natural measures are still 
used where artificial ones cannot be conveniently resorted to: thus the 
fathom of a well-proportioned man is supposed to equal his height or 
stature ; the pace , one-half of his stature ; the cubit, one-fourth ; the 
foot , one-sixth, and the span one-eighth. The hand is reckoned one- 
third of the foot, and the breadth of the thumb one-twelfth. 

Standards of weights and measures were held sacred by the ancients, 
and a uniformity very strictly enforced. Among the Romans there was 
but one weight, and one measure: every town and city throughout 
their vast empire having a standard, which was an exact copy of the 
archetype kept in the capitol, and therefore called capitolina. 

In modern times, from various abuses and a diversity of usages, a 
variety of weights and measures have obtained, and do at present pre¬ 
vail, in the various countries of Europe and the other parts of the world. 
There is, however, with few exceptions, a similarity in the systems of all 
countries, which seems to indicate a common origin. Thus the foot, 
which is the general unit for measures, is duodecimally divided ; and 
the pound, which is the unit for weights, is divided either into twelve 
or sixteen ounces, &c. In almost every nation there are two descriptions 
of weights, one for the precious metals, and the other for common arti¬ 
cles; such are the Troy and Avoirdupois weights in England. 

Standards generally signify any measure or weight of acknowledged 
authority, by which others of the same denomination are to be com¬ 
pared and adjusted. They are distinguished into arbitrary standards, 
and invariable standards from nature. The former are universally 
adopted, except in France ; and the latter are intended to correct or to 
restore them, if lost. 



956 


WEIGHTS, MEASURES, &c.—FRANCE. 


Explanation of Characters used in this Work. 

== signifies equal to. 

The Comma (,) placed before any figure shows that the number is a 
decimal fraction: thus ,5 denotes T 5 ^ or also, 6,25 means 6f 6 5 Q 
or 6j. A vulgar fraction is reduced to a decimal, by adding ciphers to 
the numerator, and dividing by the denominator. 

*** Decimals are used like whole numbers, regard being had to cut 
off a proper number of them, which is sufficiently well explained in all 
books of arithmetic; and they ought to be well understood by every 
man of business. 

Plan adopted in the present edition for explaining 
Weights and Measures. 

Four systems of weights and measures are here brought together and 
first explained, as being of the most frequent use to British merchants ; 
viz. those of England, Scotland, Ireland, and France. The French 
systems are first compared with those of England ; and the English, 
with their divisions, are afterwards compared with the French. 

The weights and measures of other countries, particularly those of 
the principal seaports, are next described, with the monies and exchanges 
of several other places, which are alphabetically arranged. Their pro¬ 
portions to those of England are annexed to each article respectively, 
from which their relations to one another may be easily ascertained. 

Thus, if 1001b. of England = 98,828 arratels of Portugal, and also 
= 45,354 kilogrammes of France, then the two latter numbers must 
equal one another. 

Weights and Measures of France. 

There are three systems of weights and measures in France ; viz. the 
Ancient System , used before the French Revolution, and which is still 
partially retained and often referred to ; the Metrical , or Decimal System , 
established in 1795 ; and the Sysidme Usuel , or Binary System, made 
legal for retail business in the year 1812. 

The Ancient System. 

The ancient weight of France, called the Poids de Marc , was the 
same for the precious metals and all merchandise. The livre or pound 
was generally divided into 2 marcs, 16 ounces, 128 gros, or 9216 grains ; 
and this pound answers to 0,4895 of a kilogramme of the new weight, 
7555 English grains, or l lb. 1 oz. 4^ dr. avoirdupois.* 

The ancient corn measure of Paris was the muid, which was divided 
into 12 setiers, 24 mines, 48 minots, or 144 boisseaux, and equalled 
18,72 hectolitres, or 53-J- English bushels. But the corn measures 
varied very much in other parts of France. 

The principal measure for wine was also called the muid, which was 

* The French pound was heretofore reckoned 5 grains heavier than the above; 
but in 1820, when the comparison of foreign weights and measures with those of 
England took place at the London Mint, this error was corrected as above, and the 
alteration was afterwards approved by the proper authorities in France. This cor. 
rection being carried to the kilogramme renders it 11 grains lighter than it was before 
reckoned. 

For a full account of the origin of this extraordinary error, which had existed for 80 
years, see The Universal Cambist , vol. i. p. 140. 



957 


WEIGHTS, MEASURES, &c.—FRANCE. 

divided into 36 setiers, 144 quarts, or 288 pintes. This muid answered 
to 2,68 hectolitres, or 70|- English gallons. 

The old French foot, pied de roi, equalled 12,7893 English inches, 
or 0,32484 of a metre. The aune of Paris was equal to 1,188 metre, or 
46,85 English inches. The toise, or French fathom, was 6 feet, pied de 
roi, or 6^ English feet. The mile was 1000 toises, or 1 English mile, 
I furlong, 28 poles. The lieue or league, the ancient road measure, 
was double that length. 


The Metrical and Decimal System. 

The metrical system is so called from being founded on the metre, 
which is the unit of length, and is the 10 millionth part of a quadrant 
of the meridian. It answers to 39,371 English inches, or 36,941 French 
inches of the ancient system. 

The meirical system of 1795 is divided decimally ; but in 1812 it was 
ordered that in shops, and in all retail business, the weights and mea¬ 
sures founded upon the metre, should be divided into halves, quarters, 
eighths, &c., while decimals are to be retained in all wholesale business 
and government concerns. 

The fundamental measure of length is the metre, and that of weight 
is the gramme, which is the w eight of a cubic centimetre, or the 100th 
part of a metre of distilled water of the temperature of melting ice, and 
weighs 15,434 English grains troy. 

In order to express the decimal proportion, the following vocabulary 
of names has been adopted, in which the terms for multiplying are 


Greek, and those for dividing are Latin. 

For multipliers, the word Deca prefixed, means.. . . 10 times. 

Hecto . 100 times. 

Kilo .. 1000 times. 

Myria . 10,000 times. 

On the contrary, for divisors, the word Deci expresses the. 10th part. 

Centi . 100th part. 

Milli. . 1000th part. 

Thus, Decametre means 10 metres. 


Decimetre .the 10th part of a metre. 

Kilogramme . . . 1000 grammes, &c. &c. 

The are is the element of square measure, and is a square decametre, 
equal to 3,955 English perches. 

The stcre is the element of cube measure, and contains 35,317 cubic 
feet English. 

The litre is the element of all measures of capacity. It is a cubic 
decimetre, and equals 2.1135 English pints. 100 litres make the 
hectolitre, which equals 26,419 English gallons, or 2,838 Winchester 
bushels. 


Systeme Usuel, or Binary System. 

This new system has the metrical standards for its basis, but the 
divisions are binary, that is, by 2, 4, 8, &c.; and instead of the new 
vocabulary, the names of the ancient weights and measures are used, 
annexing the term usuel to each. Tims the half kilogramme is called 
the livre usuelle, and the double metre, the toise usuelle. 

The following Tables show the proportions between the new or 
metrical French system and the English system. 








958 


WEIGHTS, MEASURES, &c.—FRANCE. 


Comparison of French and English Weights and Measures. 

Containing the New or Metrical Weights and Measures of France, with 
their Proportion to those of England, both according to the Decimal 
System and the Systeme Usuel. 


decimal system. 

Long Measures. 

French. English. 

Millimetre. 0,03937 inches. 

Centimetre. 0,39371 inches. 

Decimetre. 3,93710 inches. 

Metre . 39,37100 inches. 

Decametre. 32,80916 feet. 

Hectometre. 328,09167 feet. 

Kilometre. 1093,63890 yards. 

Myriametre. .. 10936,38900 yards, or 6 miles 1 fur¬ 

long 28 poles. 

Superficial Measures. 

Centiare. 1,1960 square yards. 

Are (a square decametre) ... .... 119,6046 square yards. 

Decare. 1196,0460 square yards. 

Hectare. 11960,4604 square yards, or 2 acres 

1 rood 35 perches. 

Measures of Capacity. 

Millitre.. „. 0,06103 cubic inches. 

Centilitre. 0,61028 cubic inches. 

Decilitre. 6,10280 cubic inches. 

Litre (a cubic decimetre). 61,02802 cubic inches, or 2,1135 

wine pints. 

Decalitre.•. 610,28028 cubic inches, or 2,642 

wine gallons. 

Hectolitre. 3,5317 cubic feet, or 26,419 

wine gallons, 22 Imperial gallons, or 2,839 Winchester bushels. 

Kilolitre. 35,3171 cubic feet, or 1 tun and 

12 wine gallons. 

Myrialitre. 353,17146 cubic feet. 

Solid Measures. 

Decistere. 3,5317 cubic feet. 

Stere (a cubic metre). 35,3171 cubic feet. 

Decastere. 353,1714 cubic feet;. 

Weights. 

Milligramme. 0,0154 grains. 

Centigramme. 0,1543 grains. 

Decigramme. 1,5434 grains. 

Gramme . 15,4340 grains. 

Decagramme. 154,3402 grains, or 5,64 drams 

avoirdupois. 

Hectogramme.. 3,2154 oz. troy, or 3,527 oz. 

avoirdupois. 

Kilogramme... 2 lb. 8 oz. 3 dwt. 2 gr. troy, or 2 lb. 

3 oz. 4,428 drams avoirdupois. 

Myriagramme. 26,795 pounds troy,or 22,0485 

avoirdupois. 

Quintal. . 1 cwt. 3 qrs. 25 ib. nearly. 

Millier, or Bar. 9 tons 16 cwt. 3 qrs. 12 lb. 



































WEIGHTS, MEASURES, &c.—ENGLAND. 


959 


SVSTEME USUEL. 


Comparisoji of freight. 


Kilogramme . 

Grammes. 

Troy Weight, 
lb. oz. dwt. gr. 

Avoirdupois, 
lb. oz. dr. 

...1000 .. 

..28 

3 2 .... 

2 3 4f 

1 1 ioi 

8 13f 

Livre usuelle. 

.. . 500 .. 

..14 

1 13 

Half. 


8 

0 18,5 .... 

Quarter. 

... 125 ... 

4 

0 9,25 .... 

4 6'4 

Eighth. 


2 

0 4,5 _ 

'2 

2 3 1 , 

Once. 


l 

0 2,25 .... 

a 

1 It 

Half. 



10 1,125.... 

4 . 

«7 

Quarter. 



5 0,5 ... 

41 

Gros. 

Comparison of Linear 

2 12,25 

Measures. 

2 

n 


Mesures usuelles. 

Metres. 

English Measure. 
Feet. Inches. Parts. 

Toise usuelle. 



6 

9 

Pied, or Foot . 

■• Of ... 

. .. . 1 

1 

If 

Inch. 


o 

1 

11 

H 

3 

Anne. 

.. if ... 

.. . . 3 

Half. 


... . 1 

11 

H 

Quarter. 

.. o* ... 


11 

H 

Eighth. 

. o* ... 

. . . . 0 

5 

101 

11* 

Sixteenth. 

• 0* .... 

. .. . 0 

2 

One-third of an aune . 

.. Of ... 


3 

9 

Sixth. 

.Of . .. , 

.. . . 0 

7 

iof 

Twelfth. 

• 0* .... 


3 

ni 


Comparison of Measures of Capacity. 

Litres. English Bushels. 

Boisseau usuel. 12,5 . 0,35474 

With halves and quarters in proportion. 

Paris Pinte. English Pint. 

Litron usuel. 1,074 . 2f 

With halves and quarters in proportion. 

English WEIGHTS and MEASURES. 

The following; Tables show the former state of English Weights and 
Measures; but an alteration was made from the 1 January, 1826, by 
the 5 Geo. IV. c. 74., an abstract of which will be found page 965; 
and which law confirms the existing standards both of weight and long 
measure. But it has made the following alteration in measures of 
capacity, that is to say, both in liquid and dry measures. Thus, instead 
of the three different gallons heretofore used, viz. the wine, ale, and 
corn gallons, one measure only is to be adopted, called the Imperial 
gallon, with its divisions and multiples, which are to be as heretofore 
for wine measure. But for corn or other dry goods not heaped, the 
divisions and multiples are to be as in corn measure. 

The Imperial gallon is to measure 277,274 cubic inches, and to 






































960 


WEIGHTS, MEASURES, &c.—ENGLAND. 

weigh 10 lb. avoirdupois of water, at the temperature of 62 degrees of 
Fahrenheit’s thermometer, the barometer being at 30 inches. 

The Imperial bushel is to measure and weigh eight times the above, 
and all the other multiples and divisions of the Imperial gallon are to 
be in proportion. 

All new measures in future are to be constructed on the Imperial 
plan ; but the old measures may continue to be used,—provided their 
contents be marked on them, that is, the proportion which they may 
be found to bear to Imperial measure. 


The following Table shows the Contents of the different Gallons , both 
in Measure and Weight . 


Imperial gallon . 
Corn gallon .... 
Wine gallon. . . . 
Ale gallon. 

Cubic Inches. 

i 

Avoirdupois Weight. | 

t Troy Weight. 

! 

277.274 

268.8 

231 

282 

lb. oz. dr. 

10 0 0 

9 10 If 

8 5 6| 

10 2 11J 

lb. oz. dwt. gr. 
12 1 16 16 

11 9 7 12 

10 1 9 22 

12 4 6 8 



The above Table will be found useful in comparing different vessels 
where gauging cannot be relied on. 


Rules for converting the Old Measures to the New, and the 

Contrary. 

1. Wine Measure multiplied by 5 and divided by 6, will give 
Imperial measure, and the contrary. 

2. Corn Measure multiplied by 31 and divided by 32, will give 
Imperial measure, and the contrary. 

3. Ale Measure multiplied by 59 and divided by 60, will give Im¬ 
perial measure, and the contrary. 

The Coal Measure is scarcely changed by the new law, and therefore 
will probably remain unaltered in practice. 


TABLES of ENGLISH WEIGHTS and MEASURES, compared 
with those of France. With sundry Explanations , fyc. 

Troy Weight. 

French Grammes. 

1 grain. 0,0648 

24 grains. 1 pennyweight. 1,5552 

20 pennyweights. 1 ounce. 31,1027 

12 ounces. 1 pound.373,2330 

The grain troy is divided into 20 mites, the mite into 24 doits, the 
doit into 20 periots, and the periot into 24 blanks. These divisions 
are imaginary; but there are real weights of decimal divisions to the 
thousandth part of a grain. 
















WEIGHTS, MEASURES, &c.—ENGLAND. 


9<il 


Apothecaries’ Weight. 

Fr. Gram. 

1 grain. 0,0648 

20 grains.*.. 1 scruple. 1,296 

3 scruples. 1 dram. 3,888 

8 drams. 1 ounce. 31,102 

12 ounces. 1 pound.373,233 

This weight is essentially the same as troy weight, but differently 
divided. It is chiefly used for medical prescriptions; but drugs are 
mostly bought and sold by avoirdupois weight. 

Diamond Weight. 

Diamonds and other precious stones are weighed by carats, the 
carat being divided into 4 grains, and the grain into 16 parts. The 
diamond carat weighs 3|- grains troy : thus, 

Diamond weight. Troy weight. Decigrammes. 

16 parts.1 grain.0-^ grains. 51£ 

4 grains.1 carat.31 grains.2051 


Avoirdupois Weight. 

Fr. Gram. 

1 dram. 1,771 

16 drams. 1 ounce. 28,346 

16 ounces. 1 pound. 453,544 

28 pounds. 1 quarter. 12,699 kilog. 

4 quarters. 1 hundredweight. 50,796 

20 hundredweight. 1 ton. 1015,920 

The dram is subdivided into three scruples, and each scruple into 
ten grains; the pound or 7680 grains avoirdupois equals 7000 grains 
troy, and hence 1 grain troy equals 1,097 grains avoirdupois. 

Hence also.144 lb. avoirdupois. 175 lb. troy 

and. 192 oz. ditto.:. . . 175 oz. do. 

The stone is generally 14 lb. avoirdupois weight, but for butcher’s 
meat or fish it is 8 lb. Hence the hundred equals 8 stone of 14 lb. or 
14 stone of 8 lb. 

A stone of glass is 5 lb. A seam of glass 24 stone, or 120 lb. 

Hay and straw are sold by the load of 36 trusses. 

The truss of hay weighs 56 lb. and of straw 36 lb. The truss of 
new hay is 60 lb. until the 1st of September. 

The custom of allowing more than 16 ounces to the pound of butter 
is very general in several parts of the country. 


Other customary Weights , fyc. 
Cheese and Butter. 


8 

pounds . 


32 

cloves. 


42 

do. 


56 

rounds ........ 




3 Q 




































962 


WEIGHTS, MEASURES, &c — ENGLAND. 


Beef, Mutton, &c. 


8 pounds. 

64 pounds of soap. 

30 pounds of anchovies. . . . 
112 pounds of gunpowder .. 

112 pounds of raisins. 

120 pounds of prunes. 

pounds of oil. 

8 pounds of vinegar. 

36 pounds of straw. 

60 pounds of new hay .... 

56 pounds of old hay. 

36 trusses of hay or straw. . 

7 pounds of salt. 

56 pounds or 8 gallons .... 


1 stone of beef, mutton, &c. 
1 firkin. 

1 barrel. 

1 do. 

1 do. 

1 puncheon. 

1 gallon. 

1 do. 

1 truss. 

1 do. 

1 do. 

1 load. 

1 gallon. 

1 bushel. 


Weight of Pig-lead, at sundry places . 

At Stockton on Tees. 22 cwt. of 112 lb. per fodder2464 lb. 


Chester.. 

.. 20 ... 

... 120.. 

. . do. 

_ 2400 

Newcastle upon Tyne ... 

. 21 ... 

. .. 112.. 

. .do. 

.... 2352 

Hull. 

. 19£.... 

, .. 120.. 

. . do. 

.... 2340 

Leith. 

. 20 .... 

. .. 112. . 

. . do. 

.... 2240 

London . 

. 19i.... 


.. do. 

. .. . 2184 


Wool Weight. 


Wool, like all other common articles, is weighed by avoirdupois, but 
the divisions differ : thus, 


7 pounds 
2 cloves . 
2 stone. . 
6J tods .. . 
2 weys . . 
12 sacks.. 


1 clove 
1 stone 
1 tod . 
1 wey 
1 sack 
1 last . 


Kilogram. 

3,1748 

6,3496 

12,6992 

82,543 

165,087 

1981,044 




Long 

Measure. 


3 

barley-corns ... 

... 1 

inch. 


12 

inches . 

1 

foot. 


3 

feet. 


yard. 



yards. 

... 1 

pole or rod. 


40 

poles. 

. .. 1 

furlong. 


8 

furlongs . 

... 1 

mile. 


3 

miles. 

.. . 1 

league.. 


60 

geographical, or 
English miles 

69iJj 

degree .. 



Fr. metres. 

0,0254 

0,3048 

0,9144 

5,0291 

201.1632 

1609.3059 

4827,9179 

11120,7442 


Besides the above, there are the palm, which equals 3 inches ; the 
hand, 4 inches; the span, 9 inches; and the fathom, 6 feet. 
















































WEIGHTS, MEASURES, &c.—ENGLAND. 


963 


Cloth Measure. 


Fr. metres, 


2 i 

inches . 



. 0,0571 

4 

nails. 



. 0,2286 

3 

quarters .... 



. 0,6858 

4 

quarters .... 



. 0,9143 

5 

quarters .... 



. 1,1429 

6 

quarters .... 

Square Measure. 


. 1,3715 

Fr. sq. metres. 

144 

inches . 



0,0929 

9 

square feet. .. 



0,8361 

30J 

square yards . 



25,2916 

40 

square poles . 



. .. 1011,6662 

4 

roods.. 



... 4046,6648 


The inch is generally divided, on scales, into tenths, or decimal 
parts; but in squaring the dimensions of artificers’ work, the duo¬ 
decimal system is adopted ;—thus, the inch is divided into 12 parts or 
lines, each part into 12 seconds, and each second into 12 thirds. 

In land measure there are (besides the above pole of 16J feet, which 
is called statute measure) the woodland pole of 18 feet, the plantation 
pole of 21 feet, the Cheshire pole of 24 feet, and the Sherwood Forest 
pole of 25 feet. A rope in some kinds of measurement is reckoned 
20 feet, 30 acres is called a yard of land, 100 acres a hide of land, and 
640 acres a mile of land. 

Land is usually measured by a chain of 4 poles, or 22 yards, which 
is divided into 100 links. 10 chains in length and one in breadth 
make an acre, which equals 160 square perches, or 4840 square yards. 


Cubic or Solid Measure. 


1728 cubic inches. 

27 cubic feet. 

40 feet of rough timber, or 
50 feet of hewn ditto ...... 

42 cubic feet. 


} 


1 cubic foot. 

1 cubic yard .... 

I load or ton ... 

1 ton of shipping 


Fr. cubic metres. 
,0283 
,7645 
f 1,1326 
••••\1,4157 
.... 1,1892 


By cubic measure marble, stone, timber, masonry, and all artificers’ 
works of length, breadth, and thickness, are measured, and also the 
contents of all measures of capacity, both liquid and dry. 


Wine Measure. 


2 pints. 

4 quarts .... 
42 gallons .. .. 

2 tierces .. .. 
63 gallons ... 
2 hogsheads . 
2 pipes. 


cub. in. Fr. litres. 

1 pint. 28,875 ........ 0,4731 

1 quart. 57,75 . 0,9463 

1 gallon. 231 . 3,3785 

1 tierce. 5,614 feet.. .. 158,9673 

l puncheon. 11,228 do.317,9345 

1 hogshead. 8,421 do.238,4509 

1 pipe or butt .... 16,842 do.476,9018 

1 tun. 33,684 do.953,8036 


The pint is subdivided into halves and quarters, the latter is called a 
gill. A rundlet is 18 gallons, and an anker nine. 

3 q 2 
















































964 WEIGHTS, MEASURES, &c.— ENGLAND. 



Ale and Beer 

Measure. 




cub. in. 

Fr. litres. 


1 pint . 

. .. 35,25 . 

. . . 0,5776 

2 pints. 

1 quart. 

. . . 70,5. 


4 quarts .... 

1 gallon . 

... 282 . 

.. 4,6208 

8 gallons.... 

1 firkin of ale . 

1,305 feet.. 

.. 36,9669 

9 gallons.... 

1 firkin of beer. 

1,468 do. .. 

.. 41,5872 

2 firkins .... 

1 kilderkin . . . 

2,937 do... 

.. 83,1744 

2 kilderkins.. 

1 barrel. 

5,875 do... 

.. 166,3488 

1J barrel .... 

1 hogshead .. . 

8,812 do... 

. . 249,5232 

2 barrels.... 

1 puncheon ... 

. . . 10,750 do. . . 

.. 332,6S76 

2 hogsheads . 

1 butt . 

... 17,624 do... 

.. 499,0464 

2 butts. 

1 tun. 

. .. 35,248 do... 

.. 998,0928 


Dry Measure. 




cub.in. 

Fr. litres. 

4 gills . 

1 pint . 

33,6 _ 

0,55053 

2 pints. 

1 quart. 

67,2 .. .. 

1,10107 

2 quarts. 

1 pottle. 

. .. 134,4 . . . . 

2,20214 

2 pottles .... 

1 gallon . 

. .. 268,8 _ 

4,40428 

2 gallons .... 

1 peck . 

. . . 537,6 _ 

8,80856 

4 pecks . 

1 bushel . 

. .. 2150,42 . . .. 

35,23430 

4 bushels .... 

1 coom. 

4,977 feet. 

140,93721 

2 cooms. 

1 quarter. 


, 281,87443 

5 quarters.... 

1 wey or load . 

49,770 do. . 

1409,37216 

2 weys. 

1 last. . 

99,540 do. . 

2818,74432 


The Winchester bushel, which is the common measure for corn and 
seeds, should be 18j inches wide, and 8 inches deep. Its contents are 
therefore as above 2150,42 inches. Corn and seeds are measured in 
the port of London by striking the bushel from the brim, with a round 
piece of light wood, about 2 inches in diameter and of equal thickness 
from one end to the other. All other dry goods are heaped. 

There are two other bushels of different shapes, but containing the 
same quantity ; the one called the drum bushel, generally used for the 
London granaries, is 13 inches in diameter, and 16,2 inches in depth ; 
and the other called the farmer’s bushel, is chiefly used in the country, 
its diameter is 15,375, and depth, 11,589 inches. These shapes are 
chosen for .the convenience of working and loading; but the shallow 
vessel or standard, to avoid the effects of pressure in filling, which 
depth might cause .—For the New Imperial Measure , see page 960. 

The dimensions of the Imperial standard bushel are as follows:— 
The outer diameter 19^ inches, and the inner diameter 18^. The 
depth is 8J, and the height of the cone, for heaped measure, is 6 inches. 
Hence the contents' of the stricken Imperial bushel are 2218,192 cubic 
inches, and it is to weigh 80 lb. avoirdupois of water, as stated in page 
966. The contents of the Imperial heaped bushel are 2815,4887 cubic 
inches. The subdivisions and multiples of this measure are of course 
in the same proportion. 

In some markets corn is sold by weight, which is the fairest mode of 
dealing, but not the most convenient in practice. Even where mea¬ 
sures are used, it is customary to weigh certain quantities or propor¬ 
tions, and to regulate the prices accordingly. The average bushel of 
wheat is generally reckoned at 60 lb.—of barley 47 lb.—of oats 38 lb.— 
peas 64, beans 63, clover 68, rye and canary 53, and rape 481b. In 
some places a load of corn, for man, is reckoned five bushels, and a cart 
load 40 bushels. 








































WEIGHTS, MEASURES, &c.—ENGLAND. 965 

Coal Measure. 

Coals have been generally sold by the Chaldron, bearing a certain 
proportion to Winchester measure. The following are the principal 
divisions and dimensions. 

4 pecks. 1 bushel. 

3 bushels. 1 sack. 

3 sacks. 1 vat. 

4 vats. 1 chaldron. 

21 chaldrons. ... 1 score. 

The Coal bushel holds one Winchester quart more than the Win¬ 
chester bushel; it therefore contains 2217,62 cubic inches. This 
oushel must be 19^ inches wide from outside to outside, and 8 inches 
;Ieep. In measuring coals, it is to be heaped up in the form of a cone, 
at the height of at least 6 inches above the brim (according to a regu¬ 
lation passed at Guildhall in 1806.) The outside of the bushel must 
be the extremity of the cone, and thus the bushel should contain at 
least 2814,9 cubic inches, which is nearly equal to the Imperial heaped 
bushel. Hence the chaldron should measure 58,64 cubic feet. 

The chaldron of coals at Newcastle is not a measure, but a weight 
of 53 cwt. and the keel is 8 Newcastle chaldrons. Coals not only 
differ in their specific gravity, but even those of the same quality weigh 
more, measure for measure, when large, than when broken into smaller 
parts.* 

New or Imperial System. 

Such was the state of weights and measures until the 1st of January, 
1826, at which time the provisions of the act of the 5 Geo. IV. c. 74, 
intituled, “ An Act for ascertaining and establishing uniformity of 
Weights and Measures,” came into force, of which the following abstract 
contains the material provisions. 

Standard yard defined as the measure of length. —The straight line 
or distance between the centres of the two points in the gold studs in 
the straight brass rod, now in the custody of the Clerk of the House 
of Commons, whereon the words and figures “ Standard Yard, 1760,” 
are engraved, shall be the original and genuine standard of that mea¬ 
sure of length or lineal extension called a yard ; and the same straight 
line or distance between the centres of the said two points in the said 
gold studs in the said brass rod, the brass being at the temperature of 
sixty-two degrees by Fahrenheit’s thermometer, shall be and is hereby 
denominated the “Imperial Standard Yard,” and shall be the unit 
or only standard measure of extension, wherefrom or whereby all other 
measures of extension whatsoever, whether the same be lineal, super¬ 
ficial, or solid, shall be derived, computed, and ascertained. § 1. 

Standard pound defined weight. —The standard brass weight of one 
pound troy weight , made in the year 1758, now in the custody of the 
Clerk of /he House of Commons, shall be declared to be the original 
and genuine standard measure of weight, and such brass weight shall 
be denominated the imperial standard troy pound, and shall be the unit 
or only standard measure of weight, from which all other weights shall 
be derived, computed, or ascertained. § 4. 

Standard gallon to be the measure of capacity. —The standard mea¬ 
sure of capacity, as well for liquids as for dry goods not measured by 

* According to a new law begun in 1832, (2 Wm. IV. c. 76,) Coals are to be sold 
m London by weight, reckoning 10 sacks to equal 1 ton. Hence the sack should 
weigh 224 lb. and other measures in proportion. See page 720 and 722. 







966 WEIGHTS, MEASURES, &c.—ENGLAND. 

heaped measure, shall be the gallon, containing ten pounds avoirdu¬ 
pois weight of distilled water weighed in air, at the temperature of sixty- 
two degrees of Fahrenheit’s thermometer, the barometer being at thirty 
inches ; and a measure shall be forthwith made of brass, of such con¬ 
tents as aforesaid , under the directions of the commissioners of his Ma¬ 
jesty’s treasury ; and such brass measure shall be the imperial standard 
gallon, and shall be the unit and only standard measure of capacity, 
from which all other measures of capacity to be used, as well for wine, 
beer, ale, spirits, and all sorts of liquids, as for dry goods not measured 
by heap measure, shall be derived, computed, and ascertained; and all 
measures shall be taken in parts or multiples, or certain proportions of 
the said imperial standard gallon, and the quart shall be the fourth part 
of such standard gallon, and the pint shall be one-eighth of such 
standard gallon, and two such gallons shall be a peck, and eight such 
gallons shall be a bushel, and eight such bushels a quarter of corn or 
other dry goods, not measured by heaped measure. § 6, 

Standard for heaped measure. —The standard measure of capacity 
for coals , culm, lime, fish, potatoes , or fruit, and all other goods and 
things commonly sold by heaped measure , shall be the aforesaid bushel, 
containing eighty pounds avoirdupois of water as aforesaid, the same 
being made round with a plain and even bottom, and being nineteen 
inches and a half from outside to outside of such standard measure as 
aforesaid. § 7. 

In making use of such bushel, all coals and other goods and things 
commonly sold by heaped measure, shall be duly heaped up in such 
bushel, in the form of a cone, such cone to be of the height of at least 
six inches, and the outside of the bushel to be the extremity of the base 
of such cone ; and that three bushels shall be a sack, and twelve such 
sacks shall be a chaldron. § 8. 

Measure of weight, or heaped measure, to be used for wheat. —Pro¬ 
vided always, that any contracts, bargains, sales, and dealings, made 
or had for or with respect to any coals, culm, lime, fish, potatoes, or 
fruit, and all other goods and things commonly sold by heaped mea¬ 
sure, sold, delivered, done, or agreed for, or to be sold, delivered, done, 
or agreed for by weight or measure, shall and may be either according 
to the said standard of weight, or the said standard for heaped measure ; 
but all contracts, bargains, sales, and dealings, made or had for any 
other goods, wares, or merchandise, or other thing done or agreed for, 
or to be sold, delivered, done, or agreed for by weight or measure, shall 
be made and had according to the said standard of weight, or to the said 
gallon, or the parts, multiples, or proportions thereof; and in using the 
same the measures shall not be heaped, but shall be stricken with a 
round stick or roller, straight, and of the same diameter from end to 
end. § 9. 

Models and copies to be provided for counties , Sfc. —His Majesty’s 
justices of the peace shall, within six calendar months after the passing 
of this act, purchase for their respective counties, ridings, or divisions, 
shires, or stewartries, cities, towns, or places, or cities or royal burghs, 
a model and copy of each of the aforesaid standards of length, weight, 
measure, and of each of the parts and multiples thereof; which models 
and copies, when so purchased, shall be compared and verified with the 
models and copies deposited with the chamberlains of the exchequer, 
and upon payment of such fees as are at present payable to the said 
chamberlains upon the comparison and verification of weights and mea¬ 
sures with the standards thereof; and such models and copies, when so 


WEIGHTS, MEASURES, &c.—ENGLAND. 967 

compared and verified, shall be placed for custody and inspection with 
such person or persons, and in such place or places, as the said justices 
and magistrates shall appoint, and the same shall be produced by the 
keeper or keepers thereof, upon reasonable notice, at such time or times, 
and place or places, as any person or persons shall by writing under his 
or their hand or hands require ; the person requiring such production 
paying the reasonable charges of the same. § 12. 

Measures of capacity .—In all cases of dispute respecting the correct¬ 
ness of any measure of capacity, arising in a place where recourse can¬ 
not be conveniently had to any of the aforesaid verified copies or models, 
it shall be lawful for any justice of the peace or magistrate having juris¬ 
diction in such place, to ascertain the contents of such measure of 
capacity, by direct reference to the weight of pure or rain water which 
such measure is capable of containing; ten pounds avoirdupois weight 
of such water, at the temperature of sixty-two degrees by Fahrenheit’s 
thermometer, being the standard gallon ascertained by this act, the 
same being in bulk equal to 277 cubic inches, and 274 one-thousandth 
parts of a cubic inch, and so in proportion for all parts or multiples of 
a gallon. § 14. 

Contracts for sale , fyc. by weight or measure. —All contracts, bar¬ 
gains, sales, and dealings, which shall be made or had within any part 
of the United Kingdom, for any work to be done, or for any goods, 
wares, merchandise, or other thing to be sold, delivered, done or agreed 
for by weight or measure, where no special agreement shall be made to 
the contrary, shall be deemed to be made and had according to the 
standard weights and measures ascertained by this act; and in all 
cases where any special agreement shall be made, with reference to any 
weight or measure established by local custom, the ratio or proportion 
which every such local weight or measure shall bear to any of the said 
standard weights or measures, shall be expressed, declared, and spe¬ 
cified in such agreement, or otherwise such agreement shall be null and 
void. § 15. 

Existing weights and measures may be used being marked. —And as 
it is expedient that persons should be allowed to use the several weights 
and measures which they may have in their possession, although such 
weights and measures may not be in conformity with the standard 
weights and measures established by this act; it is therefore enacted, 
That it shall be lawful for any person or persons to buy and sell goods 
and merchandise by any weights or measures established either by local 
custom, or founded on special agreement: provided that in order that 
the ratio or proportion which all such measures and weights shall bear 
to the standard weights and measures established by this act, shall be 
and become a matter of common notoriety, the ratio or proportion which 
all such customary measures and weights shall bear to the said standard 
weights and measures, shall be painted or marked upon all such custom¬ 
ary weights and measures respectively ; but nothing herein contained 
shall extend to permit any maker of weights or measures, or any per¬ 
son or persons whomsoever, to make any weight or measure at any time 
after the 1st day of May, 1825, except in conformity with the standard 
weights and measures established under this act. § 16. 

Tables to be constructed for the collection of the customs and excise , 
Sfc. —So soon as conveniently may be after the passing of this act, 
accurate tables shall be prepared and published under the direction ot 
the commissioners of the treasury, in order that the duties of customs 
and excise, and other revenue, may be adjusted and made payable 


968 WEIGHTS, MEASURES, &c.—ENGLAND. 

according to the quantities of the legal standards directed by this act to 
be universally used ; and after the 1st day of May, 1825, and the publi¬ 
cation of such tables, the several rates and duties thereafter to be col¬ 
lected by any officers of customs or excise, or other revenue, shall be 
collected and taken according to the calculations in the tables to be pre¬ 
pared as aforesaid. § 20. 

Regulations and penalties of certain British acts, extended to this act. 
—All the powers, rules, and regulations in force, and contained in 29 
Geo. II. c. 25, for appointing a sufficient number of constables for the 
service of the city and liberty of Westminster, and to compel proper 
persons to take upon them the office of jurymen , to prevent nuisances 
and other offences within thr. said city and liberty ; and in 31 Geo. II. 
c. 17, for amending the said act; and in 35 Geo. III. c. 102, for the 
more effectual prevention of the use of defective weights, and of false and 
unequal balances; and in act of 37 Geo. III., for amending the said act 
of the thirty-fifth year; and in an act of 55 Geo. III. c. 43 , for the more 
effectual prevention of the use of false and deficient measures ; shall be 
applied and put in execution, except only so far as the said recited acts 
or any of them, or any part thereof, are expressly repealed or altered by 
this act, or any other act. § 21. 

Irish acts. —All the powers, rules, and regulations in force, and con¬ 
tained in the several acts passed in the parliament of Ireland , for the 
ascertaining and examining, and for the seizing, breaking, and destroy¬ 
ing of any weights or measures, viz. 4 Ann. (I.) 11 Geo. II. (I.) 
25 Geo. II. (I.) 27 Geo. III. (I.) 28 Geo. III. (I.) shall be applied and 
put in execution, as if the weights or measures ascertained by this act 
had been specified in the said acts, except only so far as the said acts or 
any of them, or any part thereof, are repealed or altered by this act, or 
any other act. § 22. 

By § 23, so much of former statutes, ordinances, or acts, as relate to 
establishing weights or measures are repealed. 

Tuns , pipes, or other vessels of wine , oil, honey, and other gavgeable 
liquors imported into London. —From and after the passing of this 
act, all tuns, pipes, tertiary, hogsheads, or other vessels of wine, oil, 
honey, and other gaugeable liquors, imported into the port of the city of 
London, and landed within the said city and the liberties thereof, shall 
be subject and liable to be gauged, as heretofore, by the lord mayor, by 
virtue of his office of gauger, or by his sufficient deputies, save and 
except that the contents shall be ascertained by the standard measure 
of capacity for liquids directed by this act, and the multiples thereof; 
and that all such vessels that shall be found wanting of the true con¬ 
tents, together with the wine and other liquids therein contained, shall 
be subject and liable to the like seizures and forfeitures as are provided 
by any act or acts heretofore made for ascertaining the true contents ; 
and that the moieties of such forfeitures due to his Majesty, shall be, in 
like manner as heretofore, accounted for by the lord mayor, as such 
gauger, and his deputies, to his Majesty, in his court of Exchequer at 
Westminster. § 25. 

Privileges of the city of London saved. —Provided also, that this act 
or any thing herein contained shall not extend to prohibit, defeat, 
injure, or lessen the right of the mayor and commonalty of the city of 
London, or of the lord mayor, concerning the office of gauger of wines, 
oils, honey, and other gaugeable liquors imported and landed within the 
city of London and the liberties thereof. § 26. 

The provisions of the above statute were to have come into force on 


WEIGHTS, MEASURES, &c.—SCOTLAND. 969 

the 1st of May, 1825, but by 6 Geo. IV. c. 12, they were directed to 
take effect only from the 1st of January, 1826: and by the last-men¬ 
tioned statute, after reciting that by the above act the figure of the 
standard bushel measure directed'to be used for the sale of coals, culm, 
fish, potatoes, and fruit, is fixed and determined; and hence it is expe¬ 
dient that the figure of the measures used for the sale of coals, and all 
other goods and things commonly sold by heap measure, should also 
be fixed and determined ; it is enacted, That from and after the 1st of 
January, 1826, all such measures shall be made cylindrical, and the 
diameter of such measures shall be at the least double t he depth thereof, 
and the height of the cone or heap shall be equal to three-fourths of the 
depth of the said mea’sure, the outside of the measure being the extre¬ 
mity of or base of such cone. § 2. 


Of Wood-Fuel , English Measure. 

Wood-fuel is assized into shids, billets, faggots, fall-wood, and coFd- 
wood. A shid is to be 4 feet long, and, according as they are marked 
and notched, their proportion must be in the girth, viz.—If they have 
but one notch, they must be sixteen inches in the girth; if 2 notches, 
23 inches; if 3 notches, 28 inches; if 4 notches, 3^ inches ; and if 5 
notches, 38 inches about. Billets are to be 3 feet long, of which there 
should be three sorts, viz. a single cask, and a cask of two; the first is 
7 inches, the second 10 inches, and the third 14 inches about: they 
are sold by the hundred of 5 score. Faggots are to be 3 feet long, 
and at the band 24 inches about; besides the knot of such faggots, 50 
g-.. to the load. Bavins and spray-wood are sold by the hundred, which 
are accounted a load. Cord-wood is the bigger sort of fire-wood, and 
it is measured by a cord, or line, whereof there are two measures; that 
of 14 feet in length, 3 feet in breadth, and 3 feet in height. The other 
is 8 feet in length, 4 feet in height, and 4 feet in breadth. 

Measures of Wood. 

1000 Billets of wood are equal to 1 Cord. 

10 cwt. of ditto. 1 Cord. 

1 Cord of wood. ^ Chaldron of coals. 

100 lbs. of wood . 1 Quintal of wood 


Weights and Measures of Scotland. 

At the Union, the English weights and measures were introduced 
into Scotland, and are used chiefly for goods received from England. 
The old Scottish weights and measures, however, are still retained, of 
which there is a great variety. 

The principal standards are distributed among the oldest boroughs, 
viz. the elwand or ell is kept at Edinburgh ; the pound, at Lanark; 
the pint, at Stirling; and the firlot, at Linlithgow : but copies of these, 
are kept in many other towns. The following are their divisions and 
contents. 

Troy or Dutch weight .—16 drops, 1 ounce; 16 ounces, 1 pound; 
16 pounds. 1 stone. 







970 WEIGHTS, MEASURES, &c.—IRELAND. 

This weight is used in many places for iron, hemp, flax, meal, 
butchers’-meat, unwrought pewter, lead, and most Dutch and Baltic 
goods. The pound contains 7600 grains English troy weight. Hence 
35 lb. Dutch weight “ 38 lb. avoirdupois. 

Trone weight. —Old or trone weight is still used for butter, cheese, 
wool, hay, and some other commodities. The pound varies in different 
places, from 20 to 28 Dutch ounces; it is divided into 16 of its own 
ounce, and 16 lb. make a stone. 

Long Measure. —37 inches, 1 ell; 6 ells, 1 fall; 40 falls, 1 furlong; 
8 furlongs, 1 mile. 

The ell is 37i English inches. Hence 30 Scottish ells = 31 English 
yards; and 80 Scottish miles = 91 English miles. 

Land Measure. —36 square ells, 1 square fall; 40 square falls, 1 rood; 
4 roods, 1 acre. The acre contains 1 acre 1 rood 3^ perches English 
statute measure. Hence 48 Scottish acres = 61 English acres. 

Dry Measure. —4 lippies, 1 peck ; 4 pecks, 1 firlot; 4 firlots, 1 boll; 
16 bolls, 1 chalder. 

The Linlithgow wheat firlot, which is the standard, contains 21J 
Scottish pints, or 2197^ English cubic inches. It is used for wheat, 
rye, peas, beans, salt, and grass seeds. The barley firlot, which is used 
for barley, malt, oats, fruit, and potatoes, contains 31 Scottish pints, or 
3205J cubic inches. The former equals 1-Jg-, and the latter 1J Win¬ 
chester bushels nearly. 

Wine or Liquid Measure. —4 gills, 1 mutchkin; 2 mutchkins, 1 
choppin; 2 choppins, 1 pint; 2 pints, 1 quart; 4 quarts, 1 gallon, 16 
gallons, 1 hogshead. 

The pint, according to the standard Stirling jug, is 103,404 English 
cubic inches. Hence 105 Scottish pints = 47 English wine gallons; 
and 11 Scottish pints = 6 English ale gallons. The Scottish quart is 
commonly reckoned about less than the English wine gallon, and 
about J less than the English ale gallon. 

The foregoing account is to be considered only as showing the prin¬ 
cipal weights and measures of Scotland; but to state the various sys¬ 
tems that are used in about thirty different counties would be wholly 
impracticable. 

The new law on English weights and measures, which commenced 
on the 1st of January, 1826, and introduced into Scotland, will be 
found page 965. 

Weights, Measures, &c. Ireland. 

Weights. —The weights of Ireland are the same as those of England; 
the measures are also the same, with some exceptions and customary 
regulations. Corn, meal, and flour, are sold in sacks by weight; chiefly 
by the stone of 14 lb. avoirdupois, and the common appellation of quan¬ 
tity is the barrel, which weighs as follows ;—20 stone of wheat, peas, 
beans, and rye. 16 stone of barley, here, and rapeseed. 14 stone of 
oats, and in some places 12 ; and 12 stone of malt. 

By a law of 1734, it was ordered that 41 stone of wheat and rye, 24 
of barley, 22 of oats, or 20 of malt, should be reckoned equivalent to a 
quarter, Winchester measure ; but these proportions are seldom noticed 
except in the shipment of corn. 

Provisions, for exportation, such as beef and pork, are sold in tierces 


WEIGHTS, MEASURES, &c.—IRELAND. 971 


barrels, and firkins. The casks are not tared, but the pieces in each 
must be of the following’ weight and number. 


Beef- 

—Navy. . 

..304 lb. 

per tierce. 

being 38 pieces of 8 lb. each. 


India. . 


.. ditto . 

.42. . ditto . 

. 8 lb. ditto. 


Mess . . 

. . 304 lb. 

.. ditto . 

.38.. ditto . 

. 8 lb. ditto. 


Ditto .. 

.. 200 lb. 

. . barrel 


. 8 lb. ditto. 


Ditto .., 

. . 100 lb. 

.. firkin 

.25. . ditto . 

. 4 lb. ditto. 

Pork.- 

—India. . 

. .3181b. 

.. tierce. 


. 6 lb. ditto. 


Navy. . 

..320 lb. 

.. ditto . 

.80. . ditto . 

. 4 lb. ditto. 


Army. . 

. .208 1b. 

. . barrel 

. 52. . ditto . 

. 4 lb. ditto. 


Mess .. 

.. 200 lb. 

. . ditto . 


. 4 lb. ditto. 


Ditto. . 

. . 100 lb. 

.. firkin 


. 4 lb. ditto. 


Butter is sold by the cwt. of 112 lb.; tare, the weight of the cask, and 
tret 1 lb. in 28 lb. Cheese is also sold by the cwt. 


Dry Measures. —Coals and lime are sold by the bushel, by which also 
the duty on malt is levied. The coal bushel is 20 inches in diameter 
at the bottom, 21 at the top, and must contain 10 gallons Winchester 
measure. 

The duties on coals imported are levied by a measure containing a 
ton weight. 

The lime bushel was formerly 8 Winchester gallons ; but by a late 
act, the half barrel has been adopted, which is to be 21 inches diameter 
at the bottom in the clear, 22 at the top, and 12 deep, containing 20 
Irish gallons, or 4352 cubic inches. 

The malt bushel measures 2178 cubic inches. It is generally called 
the Winchester bushel, though it contains 27,58 cubic inches more, or 
about 1^ per cent. 

Liquid Measures. —The Irish gallon measures 217,6 cubic inches; 
and as that of England is 231 cubic inches, 100 gallons of the latter 
equal 106^ of the former. Dealers generally allow 6 per cent for the 
difference. 

The new law on English'weights and measures, which commenced 
on the 1st of January, 1826, and introduced into Ireland, with ex¬ 
ceptions as stated in the act. See page 965. 

Long Measure. —The inch, foot, and yard, are the same here as in 
England ; but the Irish perch or pole is 7 yards, and that of England 
only 5J. Hence 11 Irish miles are equal to 14 English miles. 

Land Measure. —The proportion between the land measures of 
England and Ireland is deduced from the square perch of each country. 
Thus 30J Irish acres = 49 English acres. The former is called planta¬ 
tion measure, and the latter statute measure. 

1 Irish acre —.1 acre 2 roods 19 perches English : and 1 acre of 
the latter = 2 roods I8ff perches of the former. 


EXCHANGES, &c. 

Exchange, in the abstract, is synonymous with barter , which is 
merely the traffic of any one commodity for another. In the language 
of commerce they are distinguished, in this application, by different 
interpretations: thus, the term barter is now used to signify the ex¬ 
change of any one or more commodities for others, with the exclusion of 
the precious metals , or their sign, paper of value; while the term ex- 










972 EXCHANGES, &c. 

change is confined to the traffic of coin, or paper of value, for other 
commodities, or articles of commerce. This paper of value consists of 
promissory notes and bills of exchange : and even though any commer¬ 
cial transaction may happen to be executed principally by bartering 
articles the produce of one country, for articles the produce of another, 
it must generally happen that their respective values will not be so nicely 
equalized, but that there will remain a difference or balance to be ad¬ 
justed by means of money or paper. So that, in fact, this doctrine of 
exchange enters into almost every commercial negotiation which is 
transacted between the merchants of different countries. Thus, it has 
been generally described to be “ the paying, or receiving of money in 
one country for its equivalent in another , by means of paper of ex - 
change” It requires little sagacity to discover, from this view of the 
general subject, that it becomes necessary for traders to know the value 
of the coins of different countries, and their relative proportion to each 
other; the customs of trade in different places with regard to the manu¬ 
facture, circulation, and operation of paper money ; their respective 
modes of traffic, with the chief articles of such traffic; and lastly, some¬ 
thing relative to their weights and measures. ♦ 

The par of exchange is the real or intrinsic value of the different 
species of foreign money, equalized to those of England, and vice versa . 

The course of exchange is the current price of a sum of money be¬ 
tween two places. This price is uncertain, and indeed constantly fluc¬ 
tuating, according to the circumstances of trade, or as cash pr bills are 
more or less plentiful: and fluctuating thus, it is seldom at par, but 
generally either above, or below it. 

Usance is the ordinary term of bills between certain places; as, one, 
two, or three months after date : and double usance, treble, or half, 
signify double, treble, or half the usual time. When necessary to divide 
a month upon half usance, the division contains fifteen days. 

Days oj Grace are a certain number of days exceeding the term ex¬ 
pressed, which is generally granted before the bill is paid. The number 
of these days varies according to the custom of different countries. In 
the United Kingdom of Great Britain and Ireland, there are three days 
of grace allowed upon every bill, whether foreign or domestic; or 
drawn after sight or date; and also upon every promissory note; but 
if the last of the three days happen to fall upon a Sunday, the bill is 
payable upon the preceding day; but in Ireland it is customary to pre¬ 
sent it on the Monday following. Upon bills drawn at sight , or orders 
payable on demand , there are no days of grace allowed. 

The following is a statement of the number of days’ grace in the chief 
commercial cities of Europe, alphabetically arranged ; Dublin, Edin¬ 
burgh, and London excepted, three days being allowed in all of them , 
as has been before stated. 

Amsterdam 

Antwerp .. 

Bremen. . . 

Cadiz. 

Cologne. .. 

Copenhagen 

Dantzic. .. 

Geneva ... 


Days. 

6 

6 

8 

6 

6 

, 8 
10 
5 


Days. 

Genoa. 30 

Gibraltar. 3 

(unless fixed is inserted.) 

Hamburgh .... . 12 

Leghorn. 0 

Leipsic. o 

Lisbon. (j 

Madrid ..<. 


















EXCHANGES, &c. 


973 


Days. 

Milan. 0 

Naples. 3 

Paris. 0 

Petersburgh. ... 10 

Date at sight. 3 

Rome. 0 


Days. 

Rotterdam. 6 

Sicily . .. .*. 0 

Stockholm . 

Turin. 5 

Venice . 6 

Vienna. 3 




Ordinary Usance at such of the foregoing Places as present any uniform 


Rule of Practice . 

Amsterdam .. From England and France. . .. 

Italy,Spain, and Portugal . 
Dantzic and Konigsbenr . 


ij 

1 month after date. 

2 ditto. 

1 to 2 ditto. 

14 days after si<>ht. 
Ditto. 

1 month after date. 


Germany and Switzerland 

Antwerp . . . From Ditto . 

Bremen .... From London . 

Germany. 15 days after sight. 

Cadiz .From England and France.... 60 days after date. 

Amsterdam. . .. 2 months ditto. 

Cologne .... From Ditto. 14 days after sight, 

Copenhagen . From Ditto. Uncertain. 

Dantzic .(14 days alter accept- 

[ ance. 

Geneva .From France, England, and 

Holland. 30 days after date. 

Italy and Germany. 15 days after sight. 

Genoa .From London and Lisbon. 3 months after date. 

Amsterdam, Hamburgh, 

and Spain. 2 months ditto. 

Leghorn and Milan. 8 days after sight. 

{ 90 days after date in 
war time, and in 
peace 63. 

Mercantile bills on London 90 days after date. 
Hamburgh .. From England and France .... 1 month after date. 

Italy, Spain, and Portugal 2 months ditto. 

Germany. 14 days after sight. 

Leghorn. .. . From London and Lisbon. 3 months after date. 


Hamburgh and Holland. . 

France .. 

Italy and Switzerland ,. . 


2 months ditto. 

30 days ditto. 

8 days after sight. 

14 days after accept¬ 
ance. 


Leipsic. 

Lisbon .From London. 30 days ditto. 

France. 60 days after date. 

Madrid .From England, France, Genoa, 

and Leghorn. 

{ 2 

Milan .From London. 3 

Naples .From London. 3 

Paris .*. ...... 30 days ditto. <*£) 

P E? E USB U RG H 

Riga . .On London. .....: . 3 months after date. 


Ditto. 

calendar months 
after date, 
months after date, 
months after date. 
















































974 MONIES, WEIGHTS, AND EXCHANGES. 

R OMF. . 

• 

3 months after date. 

Rotterdam .. 


Sicily . 

From London . 

Ditto. 

Stockholm .. 

.. On Sweden. 

1 month after sight. 


From thence on London.j 

[From 75 to 90 days 
[ after date. 

Switzerland 

.. See Geneva. 


Turin. 

From London. 

3 months after date. 


Amsterdam . 

2 months ditto. 


France. 

1 month ditto. 

Venice. 

On and from London. 

3 months ditto. 


Amsterdam andHamburgh 

2 months ditto. 


France and Spain ...... 

Ditto. 

Vienna . 

On and from England.j 

1 14 days after accept- 
L ance. 


For various other usances and days of grace, with sundry exceptions 
and regulations, see the Universal Cambist , vol. i. 


Lloyds List explained , or the London Course of Exchange. 

Uncertain Prices. Certain Prices. 

Amsterdam gives . 35 Schillings Flemish for 1 Pound sterling. 
Rotterdam gives . 12 Florins current .. .for ditto. 

Hamburgh gives . 13 Marks Banco .... for ditto. 

Paris. gives . 24 Francs. for ditto. 

.. gives . 24 LLvres Tournois . . for ditto. 

Madrid . . . receives 39 Pence sterling .... for 1 Dollar of Exchange. 

Lisbon .. . receives 66 Pence sterling .... for 1 Milrea. 

Leghorn. . receives 50^ Pence sterling. .. . for 1 Pezza of 8 reals. 

Genoa... . receives 49 Pence sterling. .. . for 1 Pezza fuori di Banco. 

Naples .. . receives 39 Pence sterling .... for 1 Ducato di Regno. 

Venice.. .. gives . 57 Lire Piccole. for 1 Pound sterling. 


English Standards of Gold and Silver. 

It may be proper here to explain the standards both of gold and silver 
coins. The fineness of gold is expressed in carats and grains: the 
pound being divided into 24 carats, and the carat into 4 grains 

The fineness of silver is expressed in ounces and pennyweights ; the 
pound being divided into 12 oz., and the oz. into 20 dwt. or 480 gr. 

English Standards for Coins. 

The standard, or legal fineness of gold is 22 carats—that is, the 
pound or other weight should contain 22 parts of pure gold, and 2 parts 
of alloy. 

The standard of silver is 11 oz. 2 dwt. of pure metal, and 18 dwt. of 
alloy—making together 1 lb. troy. 

English Standards of Wrought Gold and Silver; 

Wrought gold and silver have each two legal standards, The gold 
is 22 carats as for coins, and also 18 carats. The latter commenced iu 
1798, and is chiefly used for watch-cases and rings. 























975 


MONIES, WEIGHTS, &c.—ALGIERS. 

The general standard for wrought silver is the same as that for coin, 
but there is another, which is called New Sterling , though of ancient 
standing. This is 11 oz. 10 dwt. fine, with 10 dwt. of alloy. 

The money standards of both metals are marked with a lion ; the 
new standard for wrought gold with the number 18 ; and the new ster¬ 
ling for silver, with the figure of Britannia and a lion’s head. 

Articles of all standards in both metals, except watch-oases, are sub¬ 
ject to a certain duty, and are marked with the king’s head when that 
duty is paid. They are likewise marked according to the place where 
they are assayed. Thus, the mark of the Goldsmith’s office is a leo¬ 
pard’s head ; that of the Assay office of Dublin, a harp; of Edinburgh, 
a thistle ; of Newcastle, three castles; of Sheffield, a crown ; and of 
Birmingham, an anchor. 

ALGIERS.—Accounts are kept in saimes or doubles, of 50 aspers : 
also in patacas chicas of 8 tomins, or 232 aspers. A piastre or pataca 
gourda contains 3 patacas chicas ; a tomin, 2 carubes or 29 aspers. A 
sultanin passes for 8J patacas chicas, more or less; a sequin, for 10 
ditto ; a Portuguese dobraon, or joanese of 6400 rees, for 36 ditto. A 
Spanish dollar is worth from 4f to 4J- patacas chicas ; hence the said 
pataca == 11 \d. sterling. 

The principal weight is the rottolo, and is divided into 16 ounces. 

100 rottoli.= 119 lb. avoirdupois; and therefore 

100 lb. avoirdupois .. .. “ 84,033 rottoli. 

Heavy goods are weighed by the cantaro, which differs from 100 to 
200 rottoli, according to the nature of the goods. 

The measure for corn and dry goods is called tarrie, 16 of which make 
the caffise. 1 caffise = 9 bushels nearly, Winchester measure. 

The measure for oil, called metalli, weighs 37 lb. 6 oz. avoirdupois. 

The measure for cloth is called a pic, and is of two sorts—the Turkish 
pic and the Moorish. The former, which is used for cloth, is 24 T 8 y Eng¬ 
lish inches, and the latter, for linen, 18f inches. 

AMERICA.—The American continent has been divided into four 
separate portions, respectively distinguished by appellations indicative 
of the goverments under which they subsist; viz. Spanish , Portu¬ 
guese ,, British , and Independent. Of the first named of these, the ap¬ 
pellation is now become inappropriate, the governments of Buenos 
Ayres, Chili, Columbia, Peru, and Mexico, having subsisted for some 
time in a state of independence ; and for the purpose of maintaining 
commercial relations with these new republics, Consuls are now appointed 
to them by the British government. The province of Chili abounds in 
gold, silver, tin, copper, quicksilver, and lead. Paraguay, beside the 
articles just enumerated, has a variety of precious stones ; the cotton 
tree is a native of the country ; and wax and honey are abundant. In 
the province of Peru are the famous mines of Potosi, which produce 
silver in greater plenty than is to be found in any other part of the 
world. The town of Potosi is the largest in Peru, and here is a great 
mart for all sorts of European commodities, which are easily exchanged 
for silver. They have articles for exportation , the tree which yields the 
Peruvian bark, the balsam of Peru, rhubarb, sarsaparilla, dragon’s 
blood, storax, guaiacum, and many other vegetable productions of great 
use. 

Peru has so many fine ports along its coast, that it may be considered 
the maritime province of all South America. The trade here flows 



976 


MONIES, WEIGHTS, &c.—AMERICA. 

through three channels: by the Straits of Magellan from Europe ; 
through the North Pacific from India and Mexico, or Guatimala ; and 
through the interior, with the southern provinces of Chili and Buenos 
Ayres. Its exports and imports have been doubled within the last 
twenty years; and the principal branch of its commerce is that carried 
on round Cape Horn. 

The exports of Peru, as has been observed, are chiefly gold, silver, 
brandies, sugar, pimento, salt, wool, and some coarse woollens. Its 
imports are most kinds of European goods, especially silks, linens, cot¬ 
tons, and fine woollens ; mercury, glass, wax, paper, medicines, wines, 
books, furniture, &c. 

Mexico .—Accounts are kept here, and in all other parts of Spanish 
America, in pesos or dollars of eight reals, the real being divided into 
halves and quarters. This real is occasionally divided into 16 parts; 
and also into 34 maravedis of Mexican plate. 

The gold coins are doubloons of eight escudos d’oro, worth 16 pesos, 
(with a premium of about eight per cent.,) with halves, quarters, &c. 
in proportion. • The doubloon may be valued at £3. 6s. 2d. sterling. 
The silver coins are pesos Mexicanos or dollars, worth 4 s. 4 ^d. sterling, 
with halves and quarters. The quarters, in Spain, are called pecetas 
Mexicanas. There are also eighths or reals, which in Spain are valued 
at 21^ quartos ; also half reals. 

The weights and measures of Mexico are those of Spain. 

Portuguese America , commonly called Brazil , is washed by the At- • 
lantic Ocean, from the river Plata to the river Amazon, a length of 
more than 2000 miles. 

St. Salvador , or Bahia , is the great mart of commerce. It is situ¬ 
ated on the bay of All Saints, nearly midway between the two extremi¬ 
ties of the coast that acknowledges the sway of the Brazilian monarch. 
It is a large, well-built populous town, situated on a great eminence 
above the port, in a fine climate, and continually refreshed by the 
breezes from the sea ; nearly impregnable if properly defended. It js 
a place of great trade, although the town is on an inconvenient emi¬ 
nence above the port. 

Accounts in Brazil are kept in milrees and rees; 1000 rees making 
a milree. 

For the coins of Brazil, see Lisbon ; also Portugal. 

Weights and Measures 

The weights and measures of Brazil are nominally those of Portugal, 
and the weights are in general correctly so, but great variation exists in 
the measures of capacity. Thus in the province of Maranham, the al- 
quiere, the measure for Indian corn, or maize, rice, coffee in husks, 
salt, and other dry commodities, is computed at 1J bushel Winchester 
measure; while in Bahia it is estimated at one bushel only, and in Per¬ 
nambuco and Rio Janeiro it also varies considerably. 

Wine and olive oil, imported, pay duty by the pipe, hogshead, or 
barrel, but there is no fixed standard measure for these liquids. They 
are retailed by the fiasco, or case bottle, which contains about 4J pints, 
English wine measure. Cacha 9 a, or Brazil rum, all oils, &c. made in 
Brazil, are retailed by the standard measure called quartilho, and its 
divisions. The quartilho contains three pints English wine measure. 
The long measure are the covado and the vara, as at Lisbon. 

For the exchanges of Brazil, and other particulars, see Rio Janeiro. 

Rio de Janeiro, situated on a river of the same name, about two 


977 


MONIES, WEIGHTS, &c.—AMERICA. 

leagues from the main ocean, and to the southward of Bahia, is the seat 
of government, and of great mercantile importance. It was formerly 
known more commonly by the name of St. Sebastian. It has an ad¬ 
mirable port, well guarded, and is much resorted to on account of the 
gold and diamond mines in its neighbourhood. The royal mint is here, 
as well as manufactories of sugar, rum, and cochineal. 

Monies. 

Accounts are kept here, as in Portugal, in rees, 1000 making the 
milree ; 100,000 being 100 milrees; and 1,000,000 = 1000 milrees, 
commonly called a conto of rees. For the coins, see Portugal. 

Ttie metallic circulation of the country is increased by the currency 
of bars or ingots of gold, of various sizes and assays ; but each accom¬ 
panied by its proper certificate of value. 

Weights and Measures. 

The weights and measures here are understood to be the same as 
those of Portugal ; but there are exceptions with respect to measures of 
capacity, especially in other parts of the Brazils, for which see Brazil. 

Exchanges. 

The exchanges of Rio de Janeiro are similar to those of Lisbon, ex¬ 
cept that no national paper is adopted. Thus London gives to Rio de 
Janeiro 60 d. more or less for the milrea, reckoned in specie. 

Pernambuco, or, as it is vulgarly called, Pernambuco , is another 
great commercial town, about as much to the northward of Bahia , as 
Rio is to the south, and considered as even more inaccessible than the 
other two. There are many other ports of consideration in the Brazils, 
but of little commercial importance compared with those which have 
been noticed. More sugar is exported from this country than from all 
parts of the world, besides cotton-wool of the finest quality ; tobacco, 
maize, or Indian corn, all the fruits of the tropical climates ; woods of 
various kinds; medicinal drugs in prodigious numbers; gold, and 
diamonds, with several other precious stones. Their imports are 
almost beyond numeration ; light woollens and linens of all kinds 
and descriptions, thread, and lace of both thread and cotton, as well as 
silver and gold; hats, stockings of all sorts, ale, porter, wine, spirits, 
books, boots and shoes, fire-arms, music and musical instruments of all 
sorts; wheat, barley, meal, biscuits, nails, cutlery, and, in short, almost 
every European commodity not inapplicable to a warm climate. 

British America, consisting of Canada , Nova Scotia , New Bruns¬ 
wick, Newfoundland , &c. calls for little observation, connected with the 
object of this work. 

Accounts are kept in the same manner as in Great Britain; but the 
currency differs 11^ per cent.; one pound being equivalent to 18s. 
sterling, or <£100 sterling to £111. 2s. 2fcf. currency. 

United States, formerly known by the appellation of the “Indepen¬ 
dent American States' ’ distinguishes its exports at the treasury of 
the government, into four kinds. 1. Produce of the Sea; 2. Produce 
of Forests ; 3. Produce of Agriculture ; 4. Manufactures, &c. 

Respecting the first of these, viz. the Produce of the Sea, it is 
sufficient to observe in this place, that for smoked, dried, and pickled 

3 n 


978 


MONIES, WEIGHTS, &c.—AMERICA. 

fish, the principal markets are the West India islands, and the southern 
parts of Europe; for whale oil, England, France, Spain, Portugal, and 
the West Indies ; for spermaceti, chiefly England. 

The Produce of the Forests consists of what is termed “ lumber 
viz. staves, hoops, poles, boards, masts, spars, &c. &c.; other naval 
stores, as tar, pitch, turpentine, and rosin; and pot-ashes, pearl-ashes, 
skins and furs, dye-woods, and oak-bark, &c. &c. ; the naval stores, 
ashes, and dye-woods chiefly find their way to England. 

The Produce of Agriculture needs no specifications as articles of 
commerce, more especially within the view taken by this work, beyond 
the articles of rice, cotton, tobacco, flax-seed, and corn ( wheat and rye.') 
For the three first-mentioned of these articles, there has at all times, 
even under the most unfavourable circumstances, been a market in 
England, and for the fourth, flax-seed, in Ireland. Since the English 
statute, regulating the prices of the markets at which corn might be 
imported, the demand for that article must of course be subject to con¬ 
tinued variation, as the largest quantities are brought to England when 
it can be brought at all. 

Of the manufacturing Produce, it would be superfluous to say any 
thing at present. The situation of Europe, for a long succession ,of 
years, was eminently favourable to produce an unnatural stimulus to 
this branch of American industry, which is more than probable an 
opposite state of affairs must contribute to depress. 

In these States four different currencies, or rates, at which any one 
species of coin, of the same value, is reckoned in the denominations 
of account, have perhaps, from the first settlement of America, been, 
and still continue to be, used in different parts of the Union. In the 
New England States, viz. New Hampshire, Massachusetts, including 
the district of Maine, Rhode Island, and Connecticut; in Vermont, 
Virginia, and Kentucky, the dollar is received at six shillings; in New 
York and North Carolina, at eight shillings; in New Jersey, Pennsyl¬ 
vania, Delaware, and Maryland, at seven shillings and sixpence ; and 
in South Carolina and Georgia, at four shillings and eightpence. 

In the trade and intercourse with the different parts of this com¬ 
mercial nation, brief rules, with tables, for reducing the currency of one 
State to that of another, are particularly useful: and for this purpose 
those which follow have been composed. 


RULES for reducing the currencies of the different States to a par 

with each other; as also for reducing the Money of Account of the 

United States to those Currencies , and vice versa, by decimals . 

1. To reduce New England, &c. to New York and North Carolina 
currency, to any given sum add its third part; and vice versa subtract 
a fourth part. 

2. To reduce New England, &c. to New Jersey, &c. currency, add 
to any given sum its fourth part; and vice versa substract a fifth part. 

3. To reduce New England, &c. to South Carolina and Georgia 
currency, as 8 to 7 ; and vice versz as 7 to 8; so is the one currency 
to the other. 

4. To reduce New York and North Carolina to New Jersey, &c. 
currency, as 16 to 15; and vice versa as 15 to 16; so is the one to 
the other. 

5. To reduce New York and North Carolina to South Carolina and 


MONIES &c.—UNITED STATES. 979 

Georgia currency, as 12 to 7 ; and vice versd as 7 to 12; so is the one 
U> the other. 

6. To reduce New Jersey, &c. to South Carolina and Georgia 
currency, as 45 to 28; and vice versd as 28 to 45; so is the one to 
the other. 

7. To reduce any of the above currencies to the money of account 
of the United States, let the inferior denominations, if any, in the 
given sum, be annexed to the pounds in decimals, and divide, if the 
rate of the dollar be six shillings, by 3; if eight shillings, by 4 ; if 
seven shillings and sixpence, by 375 ; if four shillings and eight- 
pence, by 23; and, pointing off the decimal, according to rule, the 
figures to the left will be dollars, those to the right, decimals of 
dollar, or dismes, cents, and mills. And to reduce the money of 
account of the United States of either of the aforesaid currencies, 
multiply respectively by the decimals, by which, in the former case, it 
was directed to divide, and the product will be pounds and decimals of 
a pound. 

The coins of the United States as established by law, are as 
follows: 


GOLD COINS. Grains of Grains of 

Dollars. fine gold. standard ditto. 

Eagles, value each.. 10 } (247 4-8) (270 

Half-eagles. 5 >containing<! 123 6-8 > or < 135 

Quarters. 2jJ ( 61 7-8; I 67j 


SILVER COINS. 


Grains of Grains of 

pure silver. standard ditto. 


Dollars .] 


[371 4-16 


Half-dollars. 


185 10-16 


Quarter-dollars. 

• containing < 

92 13-16 

■ or = 

Dismes. 


37 2-16 


Half dismes. 


[ 18 9-16 



416 

208 

104 

41 3-5 
0 4-5 


COPPER COINS. 
Cents, value each. . 
Half-cent. 


1-100 doll.l 
1-200 doll.j 


containing 


2081 grains of 
104J copper. 


Mills. Cents. 

10 equal . . 1 Dismes. 

100 equal . . 10 equal. 1 Do11 * 

1000 equal . . 100 equal. 10 equal. . 1 Ea S le - 

10000 equal . . 1000 equal. 100 equal. . 10 equal . . 1 

In Exchange with Great Britain, the usance is 30 days. Days of 
grace, 3. 

If a foreign bill be returned with protest for non-payment, the ex¬ 
penses charged thereon in Maryland, North and South Carolina, and 
Georgia, is 15 per cent., with 6 per cent, interest from the date of the 
protest: in New Jersey, Delaware, New York, and Pennsylvania, 20 
per cent., with 6 per cent, interest from the day of presenting the protest; 
in New England, 10 per cent., with 6 per cent, interest from the date 
of the protest. 


3 r 2 













980 MONIES, &c.— UNITED STATES. 

TABLE, showing the Number of Cents, and Decimal Parts of Cents, (or Mills,) 
in any number of Shillings and Pence, less than a Dollar, in the Currencies of 
the different States. 


Shillings and Pence 
currency. 

New England, Vermont, 
Virginia, and Kentucky. 

New York and North 
Carolina. 

New Jersey, Pennsylvania. 
Delaware, and Maryland. 

South Carolina and 
Georgia. 

Shillings and Pence 

currency. 

New England, Vermont, 

Virginia, and Kentucky. 

New York and North 

Carolina. 

New Jersey, Pennsylvania, 

Delaware, and Maryland. 

South Carolina and 

, Georgia^ 

s. 

d. 

cents. 

cents. 

cents. 

cents. 

s. 


cents. 

cents. 

cents. 

cents 

0 

1 

1,38 

1,04 

1,11 

1,78 

4 

1 

68,05 

51,04 

54,44 

87,50 

0 

2 

2,77 

2,08 

2,22 

3,57 

4 

2 

69,44 

52,08 

55,55 

89,28 

0 

3 

4,16 

3,12 

3,33 

5,35 

4 

3 

70,83 

53,12 

56,66 

91,07 

0 

4 

5,55 

4,16 

4,44 

7,14 

4 

4 

72,22 

54,16 

57,77 

92,85 

0 

5 

6,74 

5,20 

5,55 

8,92 

4 

5 

73,61 

55,20 

58,88 

94,64 

0 

6 

8,53 

6,24 

6,66 

10,71 

4 

6 

75,00 

56,24 

60,00 

96,42 

0 

7 

9,72 

7,28 

7,77 

12,50 

4 

7 

76,38 

57,28 

61,11 

98,21 

0 

8 

11,11 

8,32 

8,88 

14,28 

4 

8 

77,77 

58,32 

62,22 

100,000 

0 

9 

12,50 

9,37 

10,00 

16,07 

4 

9 

79,16 

59,37 

63,33 


0 

10 

13,88 

10,41 

11,11 

17,85 

4 

10 

80,55 

60,41 

64,44 


0 

11 

15,27 

11,45 

12,22 

19,64 

4 

11 

81,94 

61,45 

65,55 


1 

0 

16,66 

12,50 

13,33 

21,42 

5 

0 

83,33 

62,50 

66,66 


1 

1 

18,05 

13,54 

14,44 

23,21 

5 

1 

84,72 

63,54 

67,77 


1 

2 

19,44 

14,58 

15,55 

25,00 

5 

2 

86,11 

64,58 

68,88 


1 

3 

20,83 

15,62 

16,66 

26,78 

5 

3 

87,50 

65,62 

70,00 


1 

4 

22,22 

16,66 

17,77 

28,57 

5 

4 

88,88 

66,66 

71,11 


1 

5 

23,61 

17,70 

18,88 

30,35 

5 

5 

90,27 

67,70 

72,22 


1 

6 

25,00 

18,75 

20,00 

32,14 

5 

6 

91,66 

68,75 

73,33 


1 

7 

26,38 

19,79 

21,11 

33,92 

5 

7 

93,05 

69,79 

74,44 


1 

8 

27,77 

20,83 

22,22 

35,71 

5 

8 

94,44 

70,83 

75,55 


1 

9 

29,16 

21,87 

23,33 

37,50 

5 

9 

95,83 

71,87 

76,66 


1 

10 

30,55 

22,91 

24,44 

39,28 

5 

10 

97,22 

72,91 

77,77 


1 

11 

31,94 

23,95 

25,55 

41,07 

5 

11 

98,61 

73,95 

78,88 


2 

0 

33,33 

25,00 

26,66 

42,85 

6 

0 

100,00 

75,00 

80,00 


2 

1 

34,72 

26,04 

27,77 

44,64 

6 

1 


76,04 

81,11 


2 

2 

36,11 

27,08 

28,88 

46,42 

6 

2 


77,08 

82,22 


2 

3 

37,50 

28,12 

30,00 

48,22 

6 

3 

. 

78,12 

83,33 


2 

4 

38,88 

29,16 

31,11 

50,00 

6 

4 

. 

79,16 

84,44 


2 

5 

40,27 

30.20 

32,22 

51,78 

6 

5 


80,20 

85,55 


2 

6 

41,66 

31,24 

33,33 

53.57 

6 

6 


81,24 

86,66 


2 

7 

43,05 

32,28 

34,44 

55,35 

6 

7 


82,28 

87,77 


2 

8 

44,44 

33,32 

35,55 

57,14 

6 

8 


8332 

88,88 


2 

9 

45,83 

34,37 

36,66 

58,92 

6 

9 


84,37 

90,00 


2 

10 

47,22 

35,41 

37,77 

60,71 

6 

10 


85,41 

91,11 


2 

11 

48,61 

36,45 

38,88 

62,50 

6 

11 


86,45 

92,22 


3 

0 

50,00 

37,50 

40,00 

64,28 

7 

0 


87,50 

93,33 


3 

1 

51,38 

38,54 

41,11 

66,07 

7 

1 


88,54 

94,44 


3 

2 

52,77 

39,58 

42,22 

67,85 

7 

2 


89,58 

95,55 


3 

3 

54,16 

40,62 

43,33 

69.64 

7 

3 


90,62 

96,66 


3 

4 

55.55 

41,66 

44,44 

71,42 

7 

4 


91,66 

97,77 


3 

5 

56,94 

42,70 

45,55 

74,21 

7 

5 


92,70 

98,88 


3 

6 

58,33 

43,75 

46,66 

75,00 

7 

6 


93,75 

100,00 


3 

7 

59,72 

44,79 

47,77 

76,78 

7 

7 


94,79 



3 

8 

61,11 

45,83 

48,88 

78,57 

7 

8 


95,83 



3 

9 

62,50 

46,87 

50,00 

80,35 

7 

9 


96,87 



3 

10 

63,88 

47.91 

51,11 

82,14 

7 

10 


97,91 



3 

11 

65,27 

48.95 

52,22 

83,92 

7 

11 


98,95 



4 

0 

66,66 

50,00 

53,33 

85,71 

8 

0 

.. t ... 

100,00 















































MONIES, &c.—UNITED STATES. 981 

TABLE , showing the Value of Dollars from 1 to 10,000, in the 
Currencies of the different States of America. 


Dollars. 

New Englnnd, Vermont, 
Virginia, and Kentucky. 

New York and North 
Carolina. 

New Jersey, Pennsylvania, 
Delaware, and Maryland. 

South Carolina and 

J Georgia. 

Dollars. 

New England, Vermont, 

Virginia, and Kentucky. 

New York and North 

Carolina. 

New Jersey, Pennsylvania, 

Delaware, and Maryland. 

South Carolina and 

Georgia. 


£ 

s. 

£ 

s. 

£ 

d. 

£ s.d. 


£ 

s. 

£ 

s. 

£ 

s. d. 

£ 

s. d. 

1 

0 

6 

0 

8 

0 7 

6 

0 4 8 

35 

10 

10 

14 

0 

13 

2 6 

8 

3 4 

2 

0 

12 

0 

16 

0 15 

0 

0 9 4 

36 

10 

16 

14 

8 

11 

10 0 

8 

8 0 

3 

0 

18 

1 

4 

1 2 

6 

0 14 0 

37 

11 

2 

14 

16 

13 

17 6 

8 

12 8 

4 

1 

4 

1 

12 

1 10 

0 

0 18 8 

38 

11 

8 

15 

4 

14 

5 0 

8 

17 4 

5 

1 

10 

2 

0 

1 17 

6 

1 3 4 

39 

11 

14 

15 

12 

14 

12 6 

9 

2 0 

6 

1 

16 

2 

8 

2 5 

0 

1 8 0 

40 

12 

0 

16 

0 

15 

0 0 

9 

6 8 

7 

2 

2 

2 

16 

2 12 

6 

1 12 8 

41 

12 

6 

16 

8 

15 

7 6 

9 

11 4 

8 

2 

8 

3 

4 

3 0 

0 

1 17 4 

42 

12 

12 

16 

16 

15 

15 0 

9 

16 0 

9 

2 

14 

3 

12 

3 7 

6 

2 2 0 

43 

12 

18 

17 

4 

16 

2 6 

10 

0 8 

10 

3 

0 

4 

0 

3 15 

0 

2 6 8 

44 

13 

4 

17 12 

16 

10 0 

10 

5 4 

11 

3 

6 

4 

8 

4 2 

6 

2 11 4 

45 

13 

10 

18 

0 

16 

17 6 

10 

10 0 

12 

3 

12 

4 

16 

4 10 

0 

2 16 0 

46 

13 

18 

18 

8 

17 

5 0 

10 

14 8 

13 

3 

18 

5 

4 

4 17 

6 

3 0 8 

47 

14 

2 

18 

16 

17 

12 6 

10 

19 4 

14 

4 

4 

5 

12 

5 5 

0 

3 5 4 

48 

14 

8 

19 

4 

18 

0 0 

11 

4 0 

15 

4 

10 

6 

0 

5 12 

6 

3 10 0 

49 

14 

14 

19 

12 

18 

7 6 

11 

8 8 

16 

4 

16 

6 

8 

6 0 

0 

3 14 8 

50 

15 

0 

20 

0 

18 

15 0 

11 

13 4 

17 

5 

2 

6 

16 

6 7 

6 

3 19 4 

60 

18 

0 

24 

0 

22 

10 0 

14 

0 0 

18 

5 

3 

7 

4 

6 15 

0 

4 4 0 

70 

21 

0 

28 

0 

26 

5 0 

16 

6 8 

19 

5 

14 

7 

12 

7 2 

6 

4 8 8 

80 

24 

0 

32 

0 

30 

0 0 

18 

13 4 

20 

6 

0 

8 

0 

7 10 

0 

4 13 4 

90 

27 

0 

36 

0 

33 

15 0 

21 

0 0 

21 

6 

6 

8 

8 

7 17 

6 

4 18 0 

100 

30 

0 

40 

0 

37 

10 0 

23 

6 8 

22 

6 

12 

8 

16 

8 5 

0 

5 2 8 

200 

60 

0 

80 

0 

75 

0 0 

46 

13 4 

23 

6 

18 

9 

4 

8 12 

6 

5 7 4 

300 

90 

0 

120 

0 

112 

0 0 

70 

0 0 

24 

7 

4 

9 

12 

9 0 

0 

5 12 0 

400 

120 

0 

160 

0 

150 

0 0 

93 

6 8 

25 

7 

10 

10 

0 

9 7 

6 

5 16 8 

500 

150 

0 

200 

0 

187 

10 0 

116 

13 4 

26 

7 

16 

10 

8 

9 15 

0 

6 1 4 

900 

270 

0 

36ft- 

0 

337 

10 0 

210 

0 0 

27 

8 

2 

10 

16 

10 2 

6 

6 6 0 

1,000 

300 

0 

400 

0 

375 

0 0 

233 

6 8 

28 

8 

8 

11 

4 

10 10 

0 

6 10 8 

2,000 

600 

0 

800 

0 

750 

0 0 

466 

13 4 

29 

8 

14 

11 

12 

10 17 

6 

6 15 4 

3,000 

900 

0 

1,200 

0 

1,125 

0 0 

700 

0 o 

30 

9 

0 

12 

0 

11 5 

0 

7 0 0 

4,000 

1,200 

0 

1,600 

0 

1,500 

0 0 

933 

6 8 

31 

9 

6 

12 

8 

11 12 

6 

7 4 8 

5,000 

1,500 

0 

2,000 

0 

1,875 

0 0 

1,116 

13 4 

32 

9 

12 

12 

16 

12 0 

0 

7 9 4 

9,000 

2.700 

0 

3,600 

0 

2,375 

0 0 

2,100 

0 0 

33 

9 

18 

13 

4 

12 7 

6 

7 14 0 

10,000 

3,000 

0 

4,000 

0 

3,750 

0 0 

2,338 

6 8 

34 

10 

4 

13 

12 

12 15 

0 

7 18 8 












Cents. 

, 


Cents. 

One Dollar.is. 

.100 

One Crown .... 



One half ditto .. 

. 50 

One half ditto . 



One quarter ditto . 

One eighth ditto . 

. 12* 

One pistareen... 
One half ditto... 



One sixteenth ditto. 

. 6* 

1 









































TABLE of the Value and Weight of Coins , as they pass in the respective States of the Union , with their Sterling and 

Federal Value. 


982 MONIES, &c.—UNITED STATES. 


1 

Federal Value. 

* S IUW 

NOOOOC3CONOOWO 

•sjuoq 

«OOOOOCOt^.«Oi-HOC<IO 

*S3UISI(J 

tO(000005N®HO<N(N 

•SJT2H°CX 

^^(ococc^mco^r-oo 


OOl—lOOr-iOOOOOO 

S. Carolina 
and 

Georgia. 

^OiOOOOOO«>OCOO^-i 

^HHOOOSOCONUJ^HO 

ii— iCOOOOOQO 

New Jersey, 
Pennsylvania, 
Delaware, 
and 

Maryland. 

^•oooootooto^focoto 

.w^oomwcot'COt'HH 

•OHH l-< 

i+jHH(onf)K3HHOOoo 

New York 
and North 
Carolina. 

-^©©©©©©OOOiOOif- 

.l><£>OOTt«OOCOO>COCOCOr-4rH 

^ 1— 1 I— ( 1— < 

VjHri(oncoo-HOooo 

New 

Hampshire, 
Massachusetts, 
Rhode Island, 
Connecticut, 
and Virginia. 

^‘OCOOOOOOCOO^N 

.QOt^COOOCOCO(M(NCO<Of-ir-4 

68 IH pH 

Sterling 
Money of 
Gt. Britain. 

^soooooooococooo^ 

r—* 

i ’ HO 22 N<0(0C0o,t ' - o 

^^Hp-tCO^HpHCOOOOOOO 

Standard 

Weight. 

ff 

rK05W500®rH(0^0(Ci»rH 

v *' I— ( d i— 1 r-< 

«o 

^lOiOOOOCOtOTfTfONWM 

4 ~ 

Names of Coins. 

An English Guinea. 

, A French Guinea. 

A Johannes . 

A Half-Johannes. 

A Moidore. 

A Doubloon . 

A Spanish Pistole. 

A French Pistole. 

A French Crown . 

A Dollar of Spain. 

An English Shilling. 

A Pistareen . 

___ 


All other gold and silver coins, of equal fineness, are valued by weight. 




























MONIES, WEIGHTS &c.—AMSTERDAM. 


983 


AMSTERDAM.—Since the establishment of the kingdom of the 
Netherlands in 1815, two distinct kinds of money became current; viz. 
money of the State,—and money for the use of Commerce. 


The government money , or money of the state, consists of 


1. Gold. Piece of ten florins. 

2. Silver. Florin s= 

Half florin = 

Quarter florin = 

Tenth of florin = 

Twentieth of do. — 

3. Copper. Cent. - = 

Half cent. = 


100 Cents. 

50 Cents. 

25 Cents. 

10 Cents. 

5 Cents. 

100th part of a florin. 
200th part of a florin. 


Such are the monies coined by the government of the United Ne¬ 
therlands for the purposes of the whole state; but nevertheless, under 
the same authority, the old coins current in the respective provinces are 
not only allowed to continue current, but also to be coined for the pri¬ 
vate use of merchants and the purposes of commerce, viz. 


1. Gold. The ducat = 5j florins, subject to some 

variations in value. 

2. Silver. The silver ducat, or ducatoon = 3 florins, 3 stivers. 

The ryder, or reyer = 14 florins. 

Accounts still continue to be kept by many in the old Dutch cur¬ 
rency, by others in the old Flemish imaginary money; which is divided, 
like the English currency, into grotes = \d. ; shillings “ 12 d.; and 
pounds = 205. There are also certain trades in which accounts are 
kept after a particular manner, and in monies specially adapted for 
them; as for example the corn trade. 

The chief articles of natural produce and manufactures, and there¬ 
fore primary articles of export, from Amsterdam and the northern pro¬ 
vinces of this kingdom of the Netherlands, are wheat, beans, peas, of 
corn ; clover, rape, hemp, and line, of seeds; butter, cheese, linen, wool¬ 
len and cotton stuffs of inferior qualities, oils of rape, hemp, and whale, 
and the spirit called Geneva, of manufactures. Besides these, which 
may be denominated staple commodities, madder, oak bark, tallow, &c. 
may be added. 

Amsterdam hnports most kinds of West India and American goods, 
especially coffee, sugar, tobacco, cocoa, cotton, and dye woods: from 
the East Indies, spices, raw silk and cotton, and goods manufactured 
of both these articles: from Spain, wool, indigo, cochineal, and Peru¬ 
vian bark: from France, wine and brandies; and from Great Britain 
all kinds of colonial produce, hard-ware, rock salt, tin plates, and printed 
calicoes. 

For the exports and imports of the southern provinces of the kingdom 
of the Netherlands, see article Antwerp.* 


* In 1830 the Netherlands was separated from Holland, which caused changes in 
their commercial relations. See the article Netherlands. 



984 MONIES, WEIGHTS, &c.—AMSTERDAM. 




Pounds. 

8 


1 


15 


•siu&sdfli 

a-iSi — 


Stone. 


n 


Lispound. 


Weights, eloiq |ci gfliBjooa qoola 9iiT 

deiiyf»2L i'S o) is if pa sib 39f$nim 001 

iBiTKffnl f dS to t KiiolI«g i9*#d 

miftypil T3q bioa hi 9niw lijnsT'? 
amw aeau^uiioT hfut lisifwqS ■ 


1 


Centner. 


100 


12^ 


fi2 

°w 


Shippound. 


Eng. Pounds. 


300 


37i 


20 


1 


326£ 


100 lb. old weight of Amsterdam = 1081b. 14 oz. 14 dr. avoirdupois. 
100 lb. avoirdupois.“ 91.803 lb. old wt. of Amsterdam. 

See also Netherlands. 


Corn Measure. 


Kops. 

Vierdevats. 








8 

1 

Scheffels. 







32 

4 

1 

Sacks. 






96 

12 

3 

1 

Mudden. 





128 

16 

4 

H 

1 

Tons or 
Barrels. 




160 

20 

5 

if 

• ii 

1 

Last. 

Winch. 

Quarters 

Bush. 

3456 

432 

108 

36 

27 

2 If 

1 

10 

5 i 


A bag of seed is 2\ Winchester quarters. 
The scheffel contains 6^ Winchester gallons. 


Wine Measure. 


Pints. 

Mingles. 





2 

1 

Stoops. 


4 

2 

1 

Viertels. 


21* 

6* 

3* 

1 

Steckans. 


32 

16 

8 

2§ 

1 

Ankers. 

64 

32 

16 

5 i 

2 

1 

256 

128 

64 

21 

8 

1 4 


ibnoqsrq hssrg 
H?uq saonivmq 
iqifli "lo saloiliB 


an 


Aam. 


Eng. Gall. 


1 


ill 


41 

-- 






























































985 


MONIES, WEIGHTS, &c.—ANTWERP. 

The stoop contains 5^ pints English wine measure. 

100 mingles are equal to 32 English wine gallons, or 26^- English 
beer gallons, or 26f Imperial gallons. 

French wine is sold per hogshead of . ... . .. 180 mingles. 

Spanish and Portuguese wine, per pipe, of. 340 ditto. 

French brandy, per hogshead, of. ...... 30 viertels. 

Beer, per barrel, (equal to the aam, or aume,) of._ 128 mingles. 

Vegetable oils, per aume, of. 120 ditto. 

Whale oil, per ditto. 16 ditto. 

Rum is sold per anker , of 2 steckan. 

The foot of Amsterdam 11^ English inches. 

The Rhineland foot. . . er 12£ ditto. 

The ell, cloth measure. = 27^ ditto. 

Rock salt is sold per hondert of 404 maaten, making 20 tons, or 
4000 lb. Dutch. 

Pit coal is sold per hoed of 38 maaten ; nine hoeds are five chaldrons 
of Newcastle, or six hoeds are five chaldrons of London. 

Butter is sold per barrel; the barrel of Leyden is 320 lb. net.—that 
of Friesland 3281b. net—and the common Dutch barrel 3361b. gross. 

A last of herrings is reckoned at 12, 13, or 14 barrels. 

A last of pitch is 12 barrels. 

A last of tar, 13 barrels. 

100 skins are 104 skins. 

100 planks from Westerwyk are 124. 

From Christiana, 126; 

And from other parts of Norway, 132 planks. 

A last of freight is reckoned 4000 lb. equal to two English tons. 

Eight hogsheads of wine, 

Twelve barrels of pitch, 

Thirteen barrels of tar, 

Twenty chests of lemons, &c. 

4000 lb. of iron, copper, and colonial produce, 

4000 lb. of almonds, 

2000 lb. of wool or feathers, 

A last of wheat is considered ten per cent, higher than one of rye, 
and the latter twenty and a half per cent, higher than oats, and ten per 
cent, higher than seed. A last of ballast is only 2000 lb. 

ANTWERP.—The imports here are pretty much the same as at 
Amsterdam, and its advantages from ships of the largest burthen being 
able to come up to the town, and the extraordinary facility with which 
goods destined for the interior are circulated again by canals, gives it a 
great preponderance of advantage. Nearly all the trade of the Belgic 
provinces passes through the hands of the Antwerp merchants, the 
articles of import being landed there, and those of export being sent 
thither to be shipped. The exports, besides what these southern pro¬ 
vinces have in common with the northern ones; viz. corn, seeds, and 
linens, are chiefly lace, carpets, hair cloth, and tapestry from the capital, 
Brussels ; flax of a fine quality, and hops of superior flavour, tallow, 
and hides. 

The monies current, and of account, are sufficiently noticed under 
the articles Amsterdam and Netherlands. 

Old Weights. 

A shippound is three quintals, or 300 lb. 


are reckoned as 
one last. 








986 


MONIES, WEIGHTS, &c.—AUSTRALASIA. 

A charge is two balles, or 400 lb. 

A chariot is 165 lb. 

A stone 8*lb. 

The quintal of 1001b. is equal to 103|lb. avoirdupois; and there¬ 
fore 100 lb. avoirdupois equals 96.8 lb. of Antwerp. 

Dry Measure. 

37J viertels.= 1 last. =10 English quarters. 

28j hectolitres ... = 10 ditto. 

Liquid Measure. 

An aume of liquids is 50 stoops, or 100 pots, and is equal to 19 
viertels of Amsterdam, or 36^ English wine gallons. 

A both is 152 stoops. 


Long Measure. 

100 Brabant ells (used all over the Low Countries) are 76 English 
yards ; but 100 ells of Antwerp (for woollens) are 74J English yards; 
100 feet of Antwerp are 93 English feet, and 100 feet of Brussels are 
92 English feet. 

The Brabant ell, used in various other parts of the continent, is 
| per cent, less than the Brabant ell above mentioned. 

Salt is sold per raziere of 360 lb. weight; pitch and tar, per barrel ; 
oils, (fish and vegetable,) per aume of 96 pots. 

AUSTRALASIA, recently called Australia, comprehending New 
South Wales, Norfolk Island, Van Diemen’s Land, Swan River, and 
other settlements in the vicinity of this fifth continent. Purchases are 
generally made by barter; dollars, however, valued at five shillings, are 
the chief money current in the colony, and a bank has been recently 
established, which issues small notes. 

The jurisdiction of the governor of New South Wales extends from 
10° 37' to 43° 49' S. lat. and from the sea-coast westward, to 135° E. 
long, and thence proceeding in an easterly direction, including all the 
islands in the Pacific Ocean within the before-mentioned latitude. 
All the functions of government (except arbitrary taxation*) are vested 
solely in the Governor, who is responsible to the government of the 
mother country alone for the exercise of his discretionary power. With 
the internal regulations promulgated from time to time, to suit the im¬ 
proving state of the colony, it is not necessary to meddle here ; but 
some regulations which attach upon vessels arriving in the harbour of 
these regions will be found on reference to 4 Geo. IV. c. 80. See 
East India Trade. 

At Port Jackson, which was the first, and still remains the chief har¬ 
bour in this government, the following, among other regulations, have 
been promulgated by the colonial government : 

“ No person but the pilot, or other person specially authorized, to 
board any vessel arriving, until a union or ensign is hoisted at the 
mast-head. 


* See 59 Geo. III. c. 114. 






MONIES, WEIGHTS, &c.—BREMEN. 987 

“ The commander of every vessel is to report himself and ship at the 
naval officer’s office, and enter the ship agreeably to form, and produce 
a manifest of his cargo; to give bond in S200, not to open the vessel’s 
hatches for the sale of any article, till he receive a general permit for the 
purpose ; and not to send any spirits, wine, beer, or other strong drink, 
even after such general permit, without a special permit in writing , pro¬ 
perly signed and countersigned, specifying the quantities and qualities, 
with the name of each purchaser; nor to sell or send from the vessel 
any arms or ammunition to any person without special permit. 

“ Liquors only to be landed at particular places, and not to be re¬ 
moved until security be given for payment of the assessments. 

“ Forfeitures to be determined according to the British laws respect¬ 
ing manifests and smuggling. 

“ No trade permitted with the inhabitants till the securities required 
be received ; and no convict to be received on board any vessel without 
a proper pass from the governor or other officiating magistrate; no 
boats to go on shore after dark ; no seaman to go into the country 
without a pass ; no clothing or bedding to be purchased from convicts, 
under specific penalties annexed to these different offences. 

“ Persons dying on board any vessel in harbour, to be buried on 
shore; and no stone, ballast, or iron hoops, to be thrown overboard 
below high-water mark, under penalty of £b , two-thirds to the informer. 
No merchant-vessel to leave the harbour without naval officer’s certifi¬ 
cate, countersigned by the governor, of compliance with the preceding 
regulations, on pain of being fired at and detained. The natives of the 
whole region before described, with all the neighbouring islands, being 
under the protection of Great Britain, all violations of their persons and 
property to be punished according to the laws adopted, or made, by the 
colonial government.” 

BREMEN is one of the free Hanseatic cities situated on the river 
Weser y and forty-five miles from the sea; as Hamburg, the other 
great member of the Hanseatic community, is on the river Elbe. It 
has not indeed so much facility of internal communication with Ger¬ 
many by its particular river, as its great rival has by the Elbe; but 
as a balance to those natural advantages, the charges of receiving, 
forwarding, and selling, as well as of purchasing and shipping goods, 
are kept so moderate at Bremen , as to give it no inconsiderable ad¬ 
vantage over other places in many instances. Wheat is considered not 
so good here as that from the Baltic, but freight to Great Britain is 
so much less from Bremen , that it is frequently obtained from the latter 
place in preference to the other. The imports are principally all sorts 
of manufactured goods from Great Britain, for the use of the interior 
of Germany; all kinds of West India and American produce ; teas, 
tobacco, rums and brandies, tin plates, tallow, tar, oil, and tropical 
fruits. The exports are chiefly bark, bristles, glass, grain, hams, hides, 
rags, smalts, wines, and yarn, and linens of all kinds ; table linen, 
shirting, ginghams, bed-ticking, raven-duck, sail-cloth, flaxen Osna- 
burghs, and hempen Techienburghs. Monies of most countries are in 
circulation, but those of the place are more particularly the following : 


988 


MONIES, WEIGHTS, &c.—BREMEN. 


Schvvaren. 

Groot. 



| 

5 

1 

Rix Dollar. 

* .gisno! ■ 


360 

72 

1 

2s. 3 %d. Sterling Value. 

1800 

360 

5 

11.6 


Bremen exchanges in rix dollars of 72 grotes or 360 swares, and 
gives London 605 rix dollars for ^£100 sterling, more or less. 


Weights. 

A pfundschwer is 300 lb.; but the carrier’s pfundschwer is as 
follows : 


Loths. 

Ounces. 





2 

1 

Marks. 




16 

8 

1 

Pounds. 



32 

16 

2 

1 

Lispound. 


448 

224 

28 

14 

1 

Pfundsch. 

9956 

4928 

616 

308 

22 

1 


100 lb. of Bremen = 109 lb. 13 oz. avoirdupois; and thus 100 lb. 
avoirdupois = 91,027 lb. of Bremen. 

A centner is 116 lb. 

A shippound is two and a half centners, or 290 lb. 

A waage of iron is 120 lb. 

A stone of flax, 20 lb. 

A stone of wool, 10 lb. 


Spints. 

Dry Measure. 

Viertels. 

4 

1 

Scheffels. 


: swolic 

w , '.-.'tsnij—-.iVioqirfl 
.wc 

16 

4 

1 

Quarts. 

160 

40 

10 

1 

Last. 

Winchester Quarters. 

640 

160 

40 

4 

1 

10J 


A barrel of salt is 3J scheffels. 

A last of coals is two chaldrons of Newcastle. 













































969 


MONIES, WEIGHTS, &c.—CADIZ. 


Wine Measure. 


Quarts. 

Viertels. 


,fc.o ' \ „a 9 ffiv/fb8 ] 

8 * 

1 

Ankers. 



44 

5 

1 

Tierces. 

176 

20 

4 

1 

Hogshead. 

English Wine Gallons 

264 

30 

6 

i£ 

1 

58 


The above are the measures by which wine is usually sold ; they 
have, however, also the ahm of four ankers, the anker containing five 
viertels. The ahm z= 37;§ English wine gallons. 

A barrel of whale oil is six steckan, or 216 lb. net, and contains 31J 
English gallons. 

Brandy is sold per quart of four mengel, and French brandy per 
thirty viertels. 

100 ells of Bremen are 63^ English yards. 

100 feet of Bremen = 94|- English teet. 

Mahogany is sold per foot of twelve inches long and broad, and one 
inch thick. 

A ship last of herrings, salt, and coals, is twelve barrels. 


Linen Yarn. 


Ells. 

Threads. 



n 

91 

Gebinde. 


337 J 

90 

1 

l 

Lop, or Piece. 

3375 

900 

10 

1 


CADIZ.—The first commercial city in Spain, with the finest port 
in Europe. It is situate on the western extremity of an isthmus; on 
an island belonging to the province of Andalusia, the northern part of 
which is called Cadiz, and the southern Leon , and which is connected 
with the main land by the bridge of Suaza, fortified at both ends. 
The European trade of Spain, (with that to her own colonies the rest 
of Europe have no concern,) through the port of Cadiz, is principally as 
follows: 

Imports. —Linens, woollens, hardware, grain, masts, tar, pitch, tal¬ 
low, &c. , 

Exports. —Cochineal, indigo, dyewood, manilla, Peruvian bark, and 
other colonial produce; of home productions, wool, wines in great 
variety ; barilla, salt, iron, olive-oil, fruits of various kinds, and inferior 
brandies, distilled in a slovenly manner from the refuse of their fruit, 
but sold in large quantities for mixing with weak wines. 

A consul resides at Cadiz from every commercial nation in the world; 
and partly from its local advantages already enumerated, partly from the 
deficiency of inland water communication with the capital and other 



























990 MONIES, WEIGHTS, &c.—CADIZ. 

large cities in Spain, it engrosses, either directly or indirectly, almost 
the whole trade of the kingdom, as well European as colonial. It has 
already been observed, that there are eight different valuations of 
money in Spain, all of which are recognised in commercial transactions 
at Cadiz ; but the most common currency here and at Madrid, is as 
follows: 

Accounts are kept in reales de plata Antiguas, or reals of old plate, 
each of 16 quartos, or 34 maravedis. 

The Piastre or dollar of exchange is eight reales de plata Antigua, 

The reale de plata Antigua is mostly used in foreign commerce and 
exchanges. 

In other parts of Spain they reckon in reales de vellon, or copper reales. 
A reale de vellon === 34 maravedis de vellon. 

The coins are : 

Gold .—Double, single, and half Pistoles , of 160, 80, and 40 reales de 
vellon. 

Silver.—Peso fuerto , or piastre of 10 reales and 10 quartos de plata. 

Copper.—Quartos and ochavos of 4 and 2 maravedis de vellon. 


Weights. 


Ounces. 

Marcs. 




- 

8 

1 

Pounds. 




16 

2 

1 

Arrobas. 



400 

50 

25 

1 

Quintal. 

English Pounds. 

1600 

200 

100 

4 

1 

101J 


1001b. avoirdupois equals 98.577 libras of Spain. 


Dry Measure. 


Celemines. 

Quartellas. 




3 

1 

Fanegas. 



12 

4 

1 

Cahiz. 

Winchester Quarters. 

144 

48 

12 

1 

H 


5 fanegas equal 1 English quarter nearly. 


Wine Measure. 

The moyo of wine contains four arrobas major, and is equal to 67 
English gallons. 

A pipe of wine is 27 arrobas = 114f English gallons; and 
A botta is 30 arrobas major == 127^ English gallons. 

Oil is sold per arroba minor, weighing 25 lb. of Castile — 25i lb. 
English avoirdupois. 

-100 of these arrobas are equal to 337 English wine gallons. 
































MONIES, WEIGHTS, &c.—CAIRO, 


991 


Long Measure. 


Lines. 

Inches. 





0 ed /bssil 

16 

1 

SmallPalms 





48 

3 

1 

GreatPalms 




144 

9 

3 

1 

Feet. 

V 


192 

12 

4 

H 

1 

Varas, or Yard. 


576 

36 

12 

4 

3 

1 

Estado, or Toise. 

1152 

1 

72 

24 

8 

6 

2 

1 


The Spanish foot = 11^ English inches nearly. 

100 varas (for measuring cloth, linen, or silk) are equal to 92f Eng¬ 
lish yards. 

A miliar is 1000 pieces. 

A gruessa (or gross) is 12 dozen. 

CAIRO, commonly called Grand Cairo, the capital of Egypt, is 
situate on the Nile, and has a considerable trade by means of Alex¬ 
andria and Rosetta, its ports. These places are distant from each other 
about fifty miles, and from Cairo about 400 miles ; and it is at the one, 
or the other, that the European ships discharge their goods destined for 
Cairo, and take in their return cargoes. Of these two harbours, 
Rosetta is by far the most considerable. The exports from Egypt are 
many kinds of drugs, Mocha coffee, wax, wool, mother-of-pearl, white 
and coloured linens, sugars, spices, elephants’ teeth, hides, &c. The 
imports are arsenic, black-lead, antimony, quicksilver, vitriol, brass- 
wire, tin, Venetian steel, lead, paper, satins of Florence, cloths of all 
sorts, dye-woods, hardware, and glass beads. 

Accounts are kept in piastres of 33 medines, or 80 aspers. 

A ducatello is 10 medines; a griscio, 30 medines; a zencerte, 
107 medines ; a Spanish piastre, about 76 ; and a bag of silver, 25,000 
medines. 

Almost every article is sold by a different weight: the common 
cantaro of 100 rottoli weighs 951b. English ; coffee is sold per cantaro 
of 110 rottoli; and silk per harsale, weighing about 2f lb. English. 

The occa is a weight of 400 drams, and answers to 2 lb. 10 oz. Eng¬ 
lish avoirdupois. 

36 occas...= 1 cantaro. 

The cantaro of 100 rottoli.. = 95 lb. avoirdupois ; and therefore 

1001b. avoirdupois.— 105.26 rottoli. 

The measure for cloth, &c. is the pic, which equals 26| English inches. 

CAPE OF GOOD HOPE comprehends three bays or harbours ; 
viz on the east side, Saldanha and Table Bays; on the west, False 
Bay. The imports are, principally, beer of different kinds ; blacking, 
books, boots and shoes, brushes, brass, iron, and tin ware ; cloths of 
woollen, linen, and cotton; cutlery, glass, groceries, haberdashery, hats, 





















992 MONIES, WEIGHTS, &c.—CAPE OF GOOD HOPE. 

hosiery, lead and lead-shot, medicines, paint, brushes, and oil; per¬ 
fumery, plate, spirits, stationery, saddlery ; wines from France, Por¬ 
tugal, Spain, &c. The exports are almost exclusively wines made in 
the country, which are rapidly improving, aloes, and a few animals, both 
wild and tame. 

Accounts are kept in different ways, viz. in rix dollars, schillings, and 
stivers : 

6 stivers.“ 1 schilling. 

„ 8 schillings ... *.— 1 rix dollar. 

Also in guilders or florins of 20 stivers ; each stiver being divided 
into 16 pfennings, as in Holland. But since 1816 accounts are most 
generally kept in English money, and the rix dollar is valued at 18c?. 
sterling. In negotiating bills upon the treasury of London, the com¬ 
missariat grants them at a premium of from 1 to 3 per cent, according 
to circumstances. 

The English weights and measures are in general use, except for 
wines, and these are sold by the aum and leager: 

4 aum == 1 leager = 152 gallons English, nearly. 

For the general regulations of the trade with the Cape, see pages 
499, 648, 652—but particularly 665 and 666. 

The most important local regulations are the following : 

No boat can ship, tranship, or bring on shore any goods without a 
permit from the custom-house, with the nature and number of packages, 
&c. &c.; nor can they be landed any where but at the public wharf 
without permission, and must be removed at the expiration of 24 hours, 
under pain of seizure. 

No person to be received on board without certificate from the proper 
officer, nor any person to be left behind without permission from the 
secretary’s office. 

No specie to be shipped without special permit, under pain of twelve 
months’ imprisonment, forfeiture of treble the amount, and confiscation 
of the craft conveying it to the ship. 

Deserters and runaway slaves being harboured, subject to a penalty 
of 500 rix dollars ; and notice of departure to be given two days pre¬ 
vious to sailing, that search may be made after deserters, &c. 


Charges at the custom-house are : 

Entrance of ships. 4 rix dollars. 

Landing or shipping a cargo. 10 ditto. 

Entrance of a coaster . 0 ditto 

Landing and shipping a cargo........ 2 ditto. 

Permit to import, or export. 1 ditto. 

Ditto for sea-stores, &c. 4 ditto. 

Manifest. I ditto. 

Clearance. 4 ditto. 

Clearance of coaster. 1 ditto. 

Pass for vessel trading on the coast. 2 ditto. 


COLOGNE, seated on the Rhine, called in German Colin, is one of 
the largest cities of Germany, and especially interesting in a commercial 
view, on account of its great trade in Rhenish and Moselle wines, and 
other commodities of Germany, which are exported here, in exchange 
for colonial produce, and British and Dutch manufactures. 














MONIES, WEIGHTS, &c.—COLOGNE. 993 


Monies. 


Pfennige. 

Albus. 

* 


12 

1 

Dollar Currency. 


936 

78 

1 

Dollar Specie. 

960 

80 

I 3 V 

1 




mil 



> srfJ 
feiiw 


The rix dollar specie is worth about 2s. 7 \d. sterling 1 . 

Cologne exchanges in French francs, which of course are variable. 


Weights. 


Drachms. 

Loths. 





4 

1 

Ounce. 




8 

2 

1 

Mark. 



64 

16 

8 

1 

Pound. 


128 

32 

16 

2 

1 

Centner. 

13168 

3292 

1696 

212 

106 

1 


100 Cologne = 103^ lb. English. 
100 lb. English = 97 lb. Cologne. 


Dry Measure. 


Fasses. 

Malter. 


12 

1 

Last. 

Winchester Quarters. 

240 

20 

1 

114 


The last of Amsterdam is eighteen matters of Cologne. 
The centner of Cologne = 106 lb. of ditto. 


















































994 MONIES, WEIGHTS, &c.—CONSTANTINOPLE, 


Liquid Measure. 


Maas. 

Viertels. 



4 

1 

Aume. 


104 

26 

1 

Ton. 

640 

160 

6 * 

1 


25 viertels (100 maass) = 41 English wine gallons. 

Long Measure. 

100 ells of Cologne are 76 English yards. 

100 feet of Cologne are 90J English feet. 

CONSTANTINOPLE, the capital of the Turkish empire, is situate 
on the strait dividing Europe from Asia. It cannot be strictly called 
a commercial city, but yet standing in need of many European com¬ 
modities, no inconsiderable trade is carried on by different nations, 
especially the French, English, and Netherlanders. The great import 
article is woollen cloth of the finest quality, the smoothest surface, and 
the gaudiest colours. The best colours are violet, purple, green, crim¬ 
son, scarlet, sky-blue, flesh, and cinnamon colours. Great quantities 
of silken stuffs are imported from France and Italy. Paper is one of 
the best articles carried to Constantinople, and generally one of the most 
profitable ; most of it comes from France and Venice. The other im 
ports are tin, brass, &c. from Hamburgh, and the north of Europe. 
From England, sugar, spices, camphor, lead, quicksilver, cochineal, dye- 
woods, &c. The exports are very few in comparison with the imports , 
consisting in wool, buffalo, ox, and cow hides, pot-ashes, yellow wax, 
and some goats* hair. The European merchants generally direct their 
correspondents at Smyrna to draw on Constantinople, or order remit¬ 
tances to be made to them from the capital, in specie, in order to purchase 
the return cargoes at Smyrna. The fur trade between Russia and Tar¬ 
tary is very considerable; but in this the Europeans have no share, it 
being entirely transacted by the Greeks. 

Accounts are kept in piastres of forty paras, or 100 good aspers, or 
120 aspers currency. 

A bag of silver (kefer) is 500 piastres; and a bag of gold (kitze) is 
30,000 piastres, or 15,000 sequins. The coins here are subject to con¬ 
tinual variations. 


Exchanges. 

On London, 35 piastres, for one pound sterling. 

On Amsterdam, 115 paras, for one florin currency. 
On Leghorn, 283 paras, for one pezzi da otto. 

On Venice, 80 centimes for one piastre. 

On Vienna, 140 paras for one florin currency. 














MONIES, WEIGHTS, &c.—COPENHAGEN. 99.^ 


Weights. 


Drams. 

Rottoli. 





176 

1 

Okes. 




400 

2 -ft 

1 

Batmans. 



2,400 

13 * 

6 

1 

Quintal. 

English Pounds. 

17,600 

100 

44 

n 

1 

127 


The quintal of cotton is forty-five okes. 

A fortin of grain of four kizloz weighs 240 lb. English, and contains 
about four Winchester bushels. 

The metre or almud of oil weighs eight okes, or 22^ lb. English, and 
100 metres contain 137^ English wine gallons. 

100 large pikes or archim, for silks and woollens, are equal to 77 J 
English yards. 

100 small pikes or endrezeh, for cottons and carpets, are 74^ Eng¬ 
lish yards; but in general a pike is considered three-fourths of an Eng¬ 
lish yard. 

COPENHAGEN is as well the capital as the seat of nearly the 
whole commerce of the kingdom of Denmark. It possesses one of the 
finest harbours in the Baltic, into which vessels of almost any burthen 
can enter. The imports are few, as the Danish West India Islands are 
sufficient for the supply of colonial produce; and the duties are so high 
that, except tobacco, wines, and brandies, and some few articles of Ame¬ 
rican produce, the Danes obtain but little, except from their own de¬ 
pendencies, and through the medium of their own factories and com¬ 
panies. Their exports are, however, numerous. Hides and skins ir. 
great quantities, horses, cattle, and oats, with some useful minerals of 
inferior value. 


Monies. 


Schilling. 

Mark. 




16 

1 

Mark Lubs. 



32 

2 

1 

Base Dollar. 


64 

4 

2 

1 

Rix Dollar. 

96 

6 

3 

14 

1 


A species dollar is six marks, or 120 schillings Danish. 

None of these monies are generally in circulation ; the money which 
is used in commercial and other transactions is bank money, which is 
always at a great discount. 

In 1813 a new system of money was established, according to which 
the new Rigsbank dollar is worth 2s. 3 \d. nearly—and is half the value 
of the old specie dollar, and 4 of the old current dollar. 

3 s 2 



































996 


MONIES, WEIGHTS, &c.—COPENHAGEN. 

Copenhagen exchanges in rix dollars of 16 schillings ; each schilling 
:= 12 pfenniges. 

Danish schillings, &c. are half the value of schillings lubs. 
Copenhagen gives London 6J rix dollars more or less for the pound 
sterling. 

Weights. 


Pound. 

Lispound. 


16 

1 

Shippound. 

320 

20 

1 

| 


100 lb. Danish.— 110^ lb. English. 

100 lb. English.= 90.673 lb. Danish. 

Dry Measure. 


Viertels. 

Scheffels. 




4 

1 

Toende or Ton. 



32 

8 

1 

Last. 

Winch. Bush. 

704 

176 

12 

1 



Liquid Measure. 


Anker. 

Ohm. 




4 

1 

Hogshead. 



6 

H 

1 

Pipe. 


12 

3 

2 

1 

Fass. 

24 

6 

4 

2 

1 


A fuder of wine is calculated to contain 930 pots. 

100 pots = 25J English wine gallons. 

A tun of beer of 136 pots = 28j English beer gallons. 

Long Measure. 

100 ells are 68§ English yards, and 100 feet are 103 English feet. 
Lastage. 

A last of coals or Spanish salt, is eighteen tons at eight schipp, or 
176 pots; Norway salt is sold per ton weight of 250 lb. Danish; a 
last of French salt is tw r elve tons, corn measure; butter, oil, &c. are sold 
per last of twelve tons, beer measure. 











































997 


MONIES, WEIGHTS, &c.—DANTZIC. 

The Sound duties, which every trader in the Baltic sea knows, are 
duties paid to the King of Denmark (by agreement with the principal 
states of Europe, for every vessel, not being a ship of war) at Elsinore, 
the second city of the kingdom, situated near the straits, called the 
Sound, where the Baltic and North seas unite. 

The greatest part of the trade of the Baltic passes and repasses, and 
becomes tributary here ; for most of the merchandise which does not 
pass by Elsinore, goes through the canal of Holstein ; and what does 
not pass through either of these two channels, which is but trifling, 
goes by way of Lubeck, yet still pays a toll, if sent by land-carriage, 
in passing the skirts of Holstein to Hamburgh or other places; so that 
the whole of the Baltic trade is tributary to Denmark. 

DANTZIC is one of the first commercial cities in the north of 
Europe, and situate on the Vistula. 

Imports are chiefly coffee, sugar, rum, dye woods, indigo, all kinds 
of spices, tobacco, nankeens, printed calicoes, hardware, grindstones, 
and coals. Earthenware is prohibited. Salt may be imported, but 
must be sold to government at a stated price, or exported again. 

Exports are exceedingly numerous. Grain of most kinds stands pre¬ 
eminent, but especially wheat and rye; timber, both oak and fir, espe¬ 
cially in staves of different lengths ; seeds of flax, hemp, and rape ; ashes, 
both pot and weed, of superior quality ; feathers, bristles, and horsehair; 
yarns and linen; wax and tallow; spruce beer, and a liquor called 
Dantzic. 

Accounts are kept in Prussian currency, (the florin at 30 groschens,) 
which is from 15 to 20 per cent better. 


Money. 


Groschen. 



Good. 

Current. 

Florin or Guilder. 

1 

8 

30 

1 

Dollar. 

24 

90 

3 

1 


Exchange. 

London, 3 months 15 florins per £ sterling. 

Hamb. 6 weeks 133 gros. per rixd. Hamb. banco. 

Amsterd. 70 days 306 gros. per £ Flem. curr. 

Old Weight of Dantzic. 

161b. make 1 lispound. 

24 lb. — 1 small stone. 

34 1b, — 1 great stone. 

1201b. — 1 centner. 

320 lb. — 1 shippound. 

N. B. This weight is seven and a half per cent, lighter than the pre¬ 
sent weight, and hence 100 pounds old Dantzic weight are equal to 
ninety-seven pounds English. The Prussian weight is now introduced, 
which is as follows: 













998 


MONIES, WEIGHTS, &c.—ELSINORE. 


3 


16J lb. make 
20 lb. — 

33 lb. — 

110 1b. — 

centners (330 lb.) — 

110 1b. — 

Thus 100 lb. English = 


a lispound. 
a small stone, 
a large stone, 
a centner, 
a shippound. 

113 lb. 10 oz. English. 
96.805 lb. Prussian weight. 


Dry Measure. 

The last is divided into 3f malters, 60 scheffels, 240 viertels, or 960 
metzen. The last answers to 11J English quarters. 


Liquid Measure. 


Stoof. 

Quart. 








1 

Anker. 






i 27£ 

5 

1 

Ahm. 





| 110 

20 

4 

1 

Hogd. 




; 165 

30 

6 

ii 

1 

Both. 



330 

60 

12 

3 

2 

1 

Fuder. 


660 

120 - 

24 

6 

4 

2 

1 

Last. 

1320 

240 

48 

12 

8 

4 

2 

1 


100 stoofs are forty-seven English gallons ; and therefore one last of 
wine is 620J^ English gallons. The last of beer is divided into six fass, 
twelve barrels, 1080 stoofs, and contains 540 English beer gallons. 

The ohm of wine is divided into 2 eimers, 4 ankers, or 128 quarts, 
and contains 39|- English gallons. The hogshead is reckoned at 1^ 
ohms and the pipe at 2 ohms. 

Long Measure. 

180 ells ofDantzic are 113 English yards. 

100 feet of Dantzic 94£ English feet 

ELSINORE. Accounts are kept here as in Copenhagen, except 
that the rix dollar is divided into 4 orts instead of 6 marks: thus 24 
schillings Danish make 1 ort; and 4 orts, 1 rix dollar. The coins are 
the same as in Copenhagen. 

In paying the tolls, however, at the passage of the Sound, the monies 
are distinguished into three different values, namely, specie, crown, and 
current. 

Specie money is that in which the duties of the Sound were fixed in 
1701. 

Crown money was the ancient currency of Denmark, in which tolls 
are sometimes reckoned. 

Current money is the actual currency of the country. 

























999 


MONIES, WEIGHTS, &c.—ELSINORE. 

The proportion between these denominations is as follows : 

Eight specie rix dollars are worth 9 crown rix dollars; 16 crown rix 
dollars are worth 17 current rix dollars: therefore, to reduce specie 
money into crown money, add ^ ; and for the reverse operation, sub¬ 
tract -J. 

To reduce crown money into current money, add ; and for the 
reverse operation, subtract . 

Hence also 128 specie rix dollars are worth 144 crown rix dollars, or 
153 current rix dollars ; and therefore specie money is 12 J per cent, 
better than crown money, and 19f J per cent, better than current money. 

Houses in the Baltic charge the Sound duties in the invoices, and 
have their own agents at Elsinore, to clear all the merchandise shipped 
by them; if this be not the case, the merchants at Elsinore then draw 
upon the owners or agents, where the goods are directed or addressed. 


Weights. 

A shippound from the Baltic, of 10 stone, is calculated as 300 lb. 
Danish. 

A Russian berkowitz as 300 lb. 

A pud as 30 lb. Danish. 

A centner from the Baltic as 110 lb. 

A cwt. English as 112 lb. Danish. 


Corn Measure of different Places reduced to Danish Lasts , for pay ins 
the Sound Dues. 


Four lasts rec¬ 
koned as five. 


I Six lasts 
seven. 


Barth. Three lasts will 

Colberg.(be reckoned in 

Demmin.[the Sound as 

Riigenwalde.... four lasts. 

Stolpe. Three lasts will 

Treptow.(be reckoned in 

Stralsund.[the Sound as 

Wolgast. four lasts. 

Grypswalde 
Wismar .. . 

Anclam.... 

Rostock, five lasts for six. 

Sixteen Russian chetworts. 

One cent, of twenty-eight muids French salt, from Rochelle 
eight 


Stettin. 

Warnemunde. ... 

Winemunde. 

Lubeck seven lasts for eight. 

Riga. 

Konigsberg., 

Dantzic ..... 

Elbing.. 

Memel. 

Revel.. 

Petersburgh., 

Oesel.. 


for 


The same as 
the Dutch lasts 


I last. 
13 — 


One cent, from Bourdeaux. 12 — 

Thirteen razlers from Dunkirk.. 1 — 

Ten muids from Havre. 12 — 

Seven moyos from Cadiz, Lisbon, &c. 12 —- 

Four hundred Dutch marts (measures). 7 — 

One English chaldron, two weighs, two tons, or eighty bushels 1 — 


Liquid Measure. 

i 

A tonneau of French wine is considered as four oxhofte, or twenty- 
four ankers. 

A pipe of.Spanish or Portuguese wine as two oxhofle. 

Thirty Spanish arrobas, or twenty-five Portuguese almudas, as a re¬ 
gular pipe. 

































1000 MONIES, WEIGHTS, &c.—GENEVA. 

Thirty Spanish arrobas, or forty-eight pots of oil, as a regular both, 
(pipe.) 

A hogshead of brandy as six ankers. 

A tierce as four ankers. 

An anker five velts, or forty Danish pots. 

The following articles are forbid to be imported :—Brimstone or 
buckram into Copenhagen or the island of Zealand; cloth, corn, 
earthenware, dried fish, or salt cod ; woollen stuffs of all kinds ; kersies ; 
oil of linseed, hemp, and rape-seed ; flannel and iron in bars, though 
prohibited, are allowed an uplag (which is a privilege granted to Co¬ 
penhagen and Elsinore, where all foreign goods may be landed and 
exported, duty free, within a year) for exportation. Brandy, salt, to¬ 
bacco, and wine, may not be brought into any port in Denmark, except 
Copenhagen. Wool cards are not importable in Zealand, but admitted 
any where else. 

Geneva, and other Cities of Switzerland. 

GENEVA, situated on the river Rhone, and on the lake of Geneva, 
and having direct water communication with parts of France, Italy, 
and the Kingdom of the Netherlands, is a place of no inconsiderable 
commercial importance. The natural productions of Geneva and its 
vicinity are not many ; but the manufactures of clocks, of watches, of 
silk, linen, cotton, and woollen stuffs, are considerable, and of a su¬ 
perior kind : their principal markets for them are in Italy and Ger¬ 
many. They import colonial produce of all kinds, spices, dye woods, 
and tea, principally from Holland; raw cotton, silk, &c. from Italy; 
printed calicoes and some other manufactured goods from Great 
Britain; wines and brandies from France; but the merchants of 
Geneva and other principal cities of the Helvetic confederation, are 
ship-owners at Marseilles, Amsterdam, and other ports of France and 
Holland, and have establishments in different parts of Germany and 
Italy, and considerable commercial connexions in the British me¬ 
tropolis. 

The government of Switzerland has ordered all the public accounts 
of the Confederation to be kept every where in francs, containing ten 
batzen, each batze containing ten rappen. Two of these francs are 
equal to three French francs. But each canton still follows its own 
way in keeping accounts. 

Merchants at Geneva keep accounts in livres, at twenty sols of 
twelve deniers ; but the government and shopkeepers in florins of 
twelve sols, the sol of four quarts, or of twelve deniers, petite monnoie 
(or small money.) 

Basle is, indeed, the principal place of exchange in Switzerland, 
and there accounts are kept commonly either in florins, divided into 
sixty kreuzers, and the kreuzer into eight hellers, or in dollars of two 
florins, or thirty batzen. Payments are made either in specie, the 
specie dollar at 2J florins, or in currency, the specie dollar at florins. 

Berne has no exchange of its own, and bills are sold or made pay¬ 
able at Basle, or Geneva. 

An t;cu, or dollar, is three livres—a livre 3J florins at Geneva. 

The following table shows the proportion of those monies. 


MONIES, WEIGHTS, &c—GENEVA. 1001 

Monies. 


Demers of 
Geneva. 

Denier s. 





2 * 

1 

Quarts. 




3 

if 

1 

Sous of 
Geneva. 



12 

5f 

4 

1 

Sous. 

1 

254 

12 

H 

9 1 
^TO 

1 

Florins. 

144 

68 ^ 

48 

12 

H 

1 

504 

240 

16S 

42 

20 

H 

1512 

720 

504 

126 

60 

ioi 


nA 

ohdl 3ftT 
-m rnfitioocf 

tesanil lo lio 
i boJididoiq 
ite Rd^sriiisq 

■ fine ,<»oofid 


Livres. 


1 

Ecu. 

3 

1 


Exchange. 

On London, one ecu for 46 pence sterling. 

On France, 100 livres for 162 francs. 

On Amsterdam, one ecu for 93 grotes, Flemish. 
On Leghorn, 104 ecus for 100 pezze da otto. 

Weights. 


Ounces. 

Pound LightWeight. 



15 

1 

Pound Heavy Weight. 


18 

H 

1 

English Pounds. 

1800 

120 

100 

1211 


100 lb. English =r 82.372 lb. of Geneva, heavy weight, or 98.847 lb. 
light weight. 

Dry Measure. 

100 coupes of grain are 27J Winchester quarters. The coupe of 
wheat weighs 1101b. heavy weight, but that of rye 1031b. 


Wine Measure. 


Pots. 

Quarterons. 




2 

1 

Setiers. 



48 

24 

1 

Char. 

Eng. Gall. 

576 

288 

12 

1 

1424 



























































1002 MONIES, WEIGHTS, &c.—GENOA.—GIBRALTAR. 

Brandy, and Italian or Provence wine are sold per quintal of 104 lb., 
but common oil per charge of 2301b. 

Wholesale dealers use the French aune; but 100 ells of Geneva, 
used in retail business, are equal to 125J English yards : 100 feet of 
Geneva are 160 feet English, 

There is a bank at Geneva under the direction of the merchants, 
which discounts the notes given to workmen by the jewellers and 
watchmakers, and where bills of exchange are made payable. 

Neufchatel , the capital of the principality of the same name, be¬ 
longing to the king of Prussia, has some manufactures of cotton wool, 
and linen stuffs, which are much exported to Holland by means of the 
Aar and Rhine. Accounts are kept in livres of twenty sols, the sol 
of twelve deniers tournois of Neufchatel. Some retailers keep ac¬ 
counts in livres of twelve gros, the gros of twelve deniers. One livre 
tournois is 2J of these livres, which are called livres foibles , or small 
livres. 

GENOA was formerly a great commercial city, but is now “ fallen 
from its high estate,” and its commerce gone into other channels, since 
it became subject to Austrian control. It still imports, under heavy 
duties, inconsiderable quantities of woollen goods, flax, leather, East 
and West Indian commodities, tin, sail cloth, and dried fish. The ex¬ 
ports are chiefly raw silk, Smyrna cotton, marble fruit, and olive oil. 

Accounts are kept in livres of 20 soldi, each soldo of 12 denari. See 
Leghorn. There are two weights used here for merchandise, viz. 
the peso grosso and the peso sottile; the former is 10 per cent, heavier 
than the latter. 

1001b. peso grosso = 761b. 14oz. avoirdupois. 

100 lb. avoirdupois 130.087 lb. of Genoa. 

Dry Measure. 

Corn is measured by the mina of 8 quarts, or 96 gombette, and 
answers to 3 bushels 3j gallons Winchester measure. 

Liquid Measure. 

Wine is measured by the mezzarola, and is divided into 2 barilli, or 
100 pints, and equals 39J English gallons. 

Long Measure. 

The braccio = 2^ palmi, and answers to 22 t 7 q English inches. 

GIBRALTAR, commanding the entrance into the Mediterranean, 
is a great commercial station, being a depot for foreign produce, with 
which it supplies the adjacent provinces of Spain, and trades largely 
with the Moors of the opposite coast of Barbary. It is a free port, 
subject to no duties, and to few restrictions. Spirits cannot be landed 
unless accompanied by a cocket from England. 

The principal articles of commerce are enumerated in the list hereto 
annexed. 

Accounts are kept in current dollars (pesos) divided into eight reales, 
of sixteen quartos each ; twelve reales currency are a cob or hard dollar, 
in which goods are bought and sold, and three of these reales are con¬ 
sidered equal to five Spanish reales de vellon. 


MONIES, WEIGHTS, &c—HAMBURGH. 1003 

Gibraltar draws on London in effective dollars of 12 reales, and 
London on Gibraltar in current dollars of 8 reales. 

The exchange of Gibraltar on Cadiz, and other cities of Spain, is in 
hard dollars at a per centage, which varies considerably, and mostly in 
favour of Gibraltar. 

The weights and measures are those of England, excepting the 
following : grain &c. is sold per fanega, five of which make one Win¬ 
chester quarter; wine is sold per gallon, 100 of which are equal to 
109£ English wine gallons. 

HAMBURGH.—The most considerable free Hanseatic city, and 
the place of greatest commercial importance in Germany. What has 
been already said of Bremen, applies in a quadruple proportion to 
Hamburgh, inasmuch as 

1 st. The situation of the latter on the river Elbe , is more advantageous 
for extensive internal communication than that of the former, on the 
river Weser. 

2dly. Because vessels of much greater burthen can come up to the 
latter, than to the former. 

3dly. Because the port of Bremen , beside being thirteen miles from 
the city itself, is inconsiderable compared with that of Hamburgh. 

4thly. Because Hamburgh is itself a considerable city, full of as 
wealthy merchants as any in Europe, invested with sovereign power 
within its own jurisdiction, blessed with a port and river which nothing 
in Europe excels, except the Thames. Beside the Elbe, which enters 
the German Ocean here, they have an immediate water communication 
with Lubeck and the Baltic. By these advantages Hamburgh has a 
trade exceeding that of any city, which has no kingdom or great re¬ 
public annexed to it. It is furnished by different rivers which commu¬ 
nicate with the Elbe, with the manufactures of Austria, Bohemia, and 
Saxony; with the productions of Silesia, Moravia, and Poland, even 
to the confines of Hungary; so that it has more articles of commerce 
for exportation than most cities in the world. 

Wheat can frequently be shipped here at as low prices as in the 
Prussian and Mecklenburg ports. In fact, most Baltic articles, such 
as flax, iron, wax, &c. can generally be obtained as low from Hamburgh, 
on account of the difference in the freight, as from the ports in the 
Baltic, whence they originally came. The export of Saxon smalts is 
very considerable; the qualities are FFG, FC, MC, and OC ; rags 
for the use of paper manufactories, quills, hides, and drugs are also 
frequented shipped. The imports are coffee, chiefly from Martinique, 
St. Domingo, and Surinam ; Havannah, Brazil, and Martinique clayed 
sugars; also some foreign Muscovado rum, cocoa, dyewoods, cotton, 
rice, tobacco, indigo, spices, tea, wines, twist, &c. 

All merchandise imported or exported by sea, except such as are 
mentioned hereafter, pay a duty of one and a half per cent, currency, 
ad valorem in banco, which must be paid before the landing of the 
same. Flour pays, in addition, an excise duty of one marc eight schil¬ 
lings currency per 1001b. when imported; but no other article is 
subject to it, except what is paid by the consumer himself. If goods 
arrive here for immediate re-exportation, they may be bonded on arrival, 
and pay no duty. Free of all import duty are corn, books, linen, 
yarn, tin, copper, and coined silver and gold : free of duty, on export¬ 
ation, are all Hamburgh manufactured goods. The Stade duty levied 
by the Hanoverian government on merchandise coming or going by 


1004 MONIES, WEIGHTS, &c.—HAMBURGH. 

sea, is trifling for most articles—for some, more heavy. The stamp 
duty on bills and policies is very inconsiderable. Brokerage on all 
articles, with a few exceptions, is only paid by the seller, and varies ; 
but most generally it is five-sixths per cent, currency, on the value in 
currency. 

A new law for the better regulation of brokerage on goods has been 
lately published. It is thereby prohibited, by penalty, to the merchant 
as well as to the broker, either to allow or to take a higher rate of bro¬ 
kerage than that stipulated in the tarif annexed to the law. An abstract 
of the present tarif of brokerage on the principal articles of importation 
is subjoined:— 

“ Brokerage is exclusively paid by the seller, and amounts to— 

“ Five-sixths per cent, on cotton, cotton-twist, cocoa, cochineal, 
copper, hides, indigo, manufactured goods, nankeens, sugar, and tea*. 

“ One per cent, on annatto, camphire, cinnamon, cardamoms*, cassia*, 
cloves*, drugs not denominated*, deer-skins, dyewoods, ginger*, jalap*, 
mace*, nutmegs*, pepper, pimento, potashes, Peruvian bark, Quer¬ 
citron bark, rice*, saltpetre, sarsaparilla*, shellac*, tamarinds*, tobacco 
in leaves* and tobacco stems* of the growth of the United States of 
America, whale oil*, vinelloes*. 

“ N.B. tobacco stems* of all other origin, segars, and other manu¬ 
factured tobacco, pay two per cent. •$ all other leaf and roll tobacco* 
one and a half per cent. 

“ One and a half per cent, on wine, brandy, rum, and arrack, if sold 
in parcels amounting to 3,000 marcs banco and upwards. 

“Two per cent, on ditto, for sales of and under 3,000 marcs banco. 

“ In auction, the selling broker is entitled to one and a half per cent, 
and the purchasing broker to two per cent, without regard to the 
amount.” 

Remarks. —All articles marked * pay the brokerage before-mentioned, 
if the quantity sold amounts to marcs 600 banco, or higher ; for smaller 
lots of less than marcs 600 banco, and down fo marcs' 150 banco, the 
brokerage is paid, with the addition of one half, and under marcs 150 
banco, the double is allowed. All other merchandises pay 1J per cent, 
at least for sales not exceeding marcs 150 banco. 

% It is, however, to be observed, that all augmentations in proportion to 
the amount sold, are only to be understood for sales by private contract, 
and not for those by auction; and even not for such private sales, 
where a broker has made the purchase of a larger quantity of goods 
above the said amount of 600 marcs banco, and has afterwards divided 
it into smaller lots. 

All other charges—as lighterage, landing, housing, weighing, deli¬ 
vering, warehouse rent, insurance against fire, &c. are very moderate. 

All merchandise is either sold on two or three months’ credit; or, 
with a discount of one to one and a half per cent, for ready money : 
even then no calculation can be made on receiving the money before 
eight or fourteen days after the delivery. The commission charged on 
purchase or sale is two and a half per cent.; for guarantee of debt, one 
and a half per cent, if sold at two or three months’ credit; and half per 
cent, if sold for ready money, unless the consigner wishes to take the 
risk upon himself. 

Conditions of Sale . 

Imports. 

Coffee is sold per pound in schill. banco, discount one per cent.; 


MONIES, WEIGHTS, &c.—HAMBURGH. 1005 

good weight is half per cent. Tare is as follows : viz. on casks, real 
weight: on bags ol 130 lb. or less, two lb.; above 130 lb. and not above 
180 lb. three lb. ; above ISO lb. and not exceeding 200 lb. four lb. On 
Mocha bales of about 300 lb. fourteen lb. ; if 600 lb. thirty lb. On 
Bourbon single bales, two lb., on double, four lb. 

Cocoa is sold per lb. in schill. currency, uncertain agio; discount one 
per cent.; good weight and tare as coffee. 

Cotton is sold per lb. in groats Flemish, witn a rebate of eight and 
two-thirds per cent.; discount, one per cent.; good weight, one per 
cent.; tare on bales, West Indian and North American, four per cent.; 
on square bales, six per cent.; on Bombay and Surat bales, eight per 
cent. ; on Bourbon bales and Manilla serons, six per cent.; on Carac- 
cas and Guiana small serons, ten percent. For the regulation of the 
Stade duty, all packages should be called bags or bales in the bill of 
lading. 

East India Piece Goods are sold per piece, in marcs banco: dis¬ 
count, one per cent. For saving in the Stade duty, if more than thirty 
pieces are in a bale, the number of pieces should not be mentioned in 
the bill of lading, but only the number of bales. 

Flour is sold per 1001b. in marcs currency, uncertain agio; dis¬ 
count, one per cent.; good weight, one per cent.; tare, twenty lb. per 
barrel. 

Fustic is sold per 100 lb. in marcs currency; agio, twenty per 
cent.; discount, one per cent.; good weight, one per cent.; and 
frequently an allowance in weight is made, if the wood is not very solid. 

Ginger is sold per lb. in groats Flemish, with a rebate of eight and 
two thirds per cent.; discount, one per cent.; good weight, one per 
cent.; tare, like coffee. 

Indigo is sold per lb. in schill. Flemish, with a rebate of eight and 
tworthirds per cent. ; discount, one per cent.; good weight, half per 
cent.; tare, if in serons upwards of 120 lb., twenty-two lb.; in half 
serons, less than 120 lb., twenty lb.; in chests, real tare. 

Logwood is sold like fustic. 

Nankeens are sold per piece, in schill. banco ; discount, one per 
cent. For saving in the Stade duty, if a bale contains more than sixty 
pieces, no number of pieces, but merely of bales, should be mentioned 
in the bill of lading. 

Nicaragua Wood is sold per 1001b. in marcs currency, with uncer¬ 
tain agio ; discount, one per cent.; good weight, &c. like fustic. 

Pepper is sold per lb. in groats Flemish ; discount, one per cent. ; 
good weight, half per cent.; tare, if in single bales of 300 lb., three lb.; 
in double bales, six lb. 

Pimento is sold per lb. in schill. currency; agio, twenty per cent.; 
discount, one per cent.; good weight, one per cent.; tare, if in casks, 
real weight; if in bags of 120 lb. two lb.; in bags of 250 lb. three lb. 

Quercitron Bark is sold per 1001b. in marcs currency; agio, 
twenty per cent.; discount* two per cent ; good weight, one per cent. 
To determine the tare, the American tare is reduced to Hamburgh 
weight. 

Rice is sold per 100 lb. in marcs currency ; agio twenty per cent.; 
rebate, eight and two-thirds per cent.; discount, one per cent.; good 
weight, one per cent. ; tare real; and super-tare for tierces, four lb.; 
for half-tierces, two lb. 

Rum is sold per thirty quarts in rix doll, currency, agio uncertain. 
Sugar, raw and clayed, is sold per lb. in Flemish groats, with a 



1006 MONIES, WEIGHTS, &c.—HAMBURGH. 

rebate of eight and two-thirds per cent.; discount, one per cent., and 
sometimes one and a half per cent.; Brazil or Havannah chests, good 
weight, three-quarters percent.; real tare ; super-tare, ten lb. for Brazil, 
and five lb. for Havannah sugar, per chest. Muscovados in casks, 
good weight, one per cent.; tare, if the casks weigh upwards of 1000 lb., 
eighteen per cent.; if less, twenty per cent. Clayed sugars, good 
weight, one per cent.; tare, sixteen per cent. East India sugars, in 
bags, good weight, three-quarters per cent; tare for white, four to five 
lb.; for brown, six to seven lb. 

Tea, per lb. in schill. currency, agio uncertain ; discount, one per 
cent.; good weight, half per cent. Tare of bohea, in chests of 400 lb. 
seventy lb.; of 150 to 1801b. forty-five lb. All black tea, twenty- 
eight lb. tare ; green, twenty-four lb. For the regulation of the Stade 
duty, the net weight should likewise be mentioned in the bill of lading. 

Tobacco. —Leaf tobacco is sold per lb. in schillings currency, agio 
uncertain; discount, one and a half per cent.; good weight, one per 
cent.: tare, per cask, eighty pounds. Brazil leaf in serons ; tare, five 
per cent. In rolls ; canister, in baskets of about 100 lb.; good weight, 
one lb. per basket; tare, fourteen lb. if the basket is packed up in linen, 
and twelve lb. if without linen, Porto Rico rolls, good weight, one 
per cent.; no tare, as the rolls are weighed by themselves. Brazil rolls, 
in serons of four to 600 lb., are sold per lb. in schillings banco; good 
weight, three-quarters per cent. ; tare, eight lb. per seron. Tobacco 
stems, per 100 1b. in marcs currency, agio uncertain; discount, one 
and a half per cent. ; good weight, one per cent. ; tare, if in casks, real 
weight; if packed up with cords, two to four per cent, according to the 
thickness of the rope. As there is a great difference in the Stade duty 
for the different sorts of tobacco, it is necessary that, on shipping leaf 
tobacco, there should be inserted in the bill of lading. Leaf Tobacco , 
and the net weight. With tobacco in rolls, only the number of pack¬ 
ages containing roll tobacco, and the net weight, without mentioning 
the number of rolls, should appear in the bill of lading. 

Exports. 

Glass (Window) is sold per chest, in marcs currency, agio uncer¬ 
tain ; other glass-ware per piece, dozen, or hundred, in schillings or 
marcs curr. with uncertain agio ; discount, one per cent. 

Hares’ Wool is sold per two lb. in marcs currency, agio uncertain ; 
discount, one per cent. 

Hare-skins (German, grey) are sold per 100 pieces, in rix doll, 
banco. Russian, grey, per 104 pieces in rix doll, banco. White, in 
marcs currency, agio uncertain ; discount, one per cent. 

Iron is sold per shippound at 280 lb. in marcs currency, agio uncer¬ 
tain ; discount, one per cent. 

Copper is sold per shippound of 280 lb. in rix dollars banco; dis¬ 
count, one per cent. 

Linen. —Estopilles are sold per piece, in marcs banco, with a rebate 
of eight and two-thirds per cent. Sailcloth, ravensduck, and flems, per 
piece, in marcs currency ; agio uncertain. Osnaburgs and Tecklen- 
burgs, per 100 double ells, in rix dollars banco. All other linen, per 
piece, in rix dollars or marcs banco ; discount, one per cent. 

The exchange business done at Hamburgh is very great: for besides 
the business of the place, most of the merchants in the inland towns 
have their bills negotiated here. 


MONIES, WEIGHTS, &c.—HAMBURGH. 1007 

Monies. 

The coin of Hamburgh is called Currency ; it is nearly all silver, and 
the denominations are as follows in the table : the schilling being equal 
to an English penny—the sechsling a halfpenny—and the dreyling, a 
farthing. Dollars are now seldom coined ; but they have pieces of two, 
four, and eight schillings, and a very large proportion of two-mark 
pieces. Danish specie is here almost in as general circulation as Ham¬ 
burgh money ; the latter, however, must be given in payment of taxes, 
public contributions, &c. 

What little gold there is of its own coinage, is limited to ducats, of 
the value of seven marcs eight schillings; and double ducats, value 
fifteen marcs. 


Current Monet. 


Pfennige. 

Dreyling. 





3 

1 

Sechsling. 




6 

2 

1 

Schillings. 



12 

4 

2 

1 

Marks. 


192 

64 

32 

16 

1 

Dollar. 

576 

192 

96 

48 

3 

1 


Accounts are kept in banco, which is only an imaginary money. The 
denominations and subdivisions are the same as those of currency ; 
namely, dollars of three marks, and marks of 16 schillings. The banco 
is of greater value than currency, the agio being generally 25 per cent. ; 
100 marcs banco being equal to 125 marcs currency, more or less. It 
is to be observed, that the denomination of banco dollars is rarely, if 
ever, employed in accounts; the very largest sums, even millions, being- 
stated in banco marks. 


The Exchanges 

On London are 13 marcs, banco, for .£1 sterling. 

On Amsterdam 100 rix dollars, for 105 rix dollars Dutch currency. 
On Paris 25 schillings, banco, for one ecu of three francs. 


Weights. 


Loths. 

Ounces. 






2 

1 

Pound. 





32 

16 

1 

Lispounds. 




448 

224 

14 

1 

Centner. 



3584 

1792 

112 

8 

1 

Shippound. 

lb. English. 

8960 

4480 

280 

20 

n 

1 

299 





































1008 MONIES, WEIGHTS, &c.—HAMBURGH. 

A stone of flax is 20 lb. 

A stone of wool or feathers is 10 lb. 

100 lb. are equal to 106 lb. 13 oz. English. 

100 lb. English are equal to 93.633 lb. of Hamburgh. 

Dry Measure. 

Of Wheat , Rye, and Peas. 

2 fass. make. 

10 scheffels..'.. • ■ 

3 wispels. 

Of Oats and Barley , 

3 fass. make. 1 scheffel. 

10 scheffels. 1 wispel. 

2 wispels... I last. 

N. B. One fass is equal to one and a half Winchester bushel. 

The stock of barley, which contains one and a half last, has the 
following subdivisions: 


Kleine 

Maass. 

Grosse 

Maass. 






. . 


2 

1 

Spirits. 







8 

4 

1 

Hintems. 






32 

16 

4 

1 

Fass 





64 

32 

8 

2 

1 

Scheffels. 




192 

96 

24 

6 

3 

1 

Wisp. 



1920 

960 

240 

60 

30 

10 

1 

Last. 


3840 

1920 

480 

120 

60 

20 

2 

1 

Stock. 

5760 

2880 

720 

180 

90 

30 

3 


1 


1 scheffel. 
1 wispel. 

1 last. 


The last equals 11^- English quarters. 

A keel of coals yields from eight to nine lasts. 






























MONIES, WEIGHTS, &c.—LEGHORN. 1009 


Wine Measure. 


Oessels. 

Quartiers. 








2 

1 

Kannen. 







4 

2 

1 

Stiibchs. 






S 

4 

2 

1 

Viertels. 





16 

8 

4 

2 

1 

Eimers. 




64 

32 

16 

8 

4 

1 

Anker. 



80 

40 

20 

1 10 

5 

n 

1 

Alims 


320 

160 

80 

40 

20 

5 

4 

l 

Fuder 

1920 

960 

480 

240 

120 . 

30 

24 

6 

1 


The fuder contains 229^ English gallons. 

A fass of wine is four oxhoft, or six tierces. 

N. B. An oxhoft or hogshead is of different dimensions. 

An oxhoft of French wine is 62 to 64 stiibchen. 

An exhoft of brandy is 30 viertels or 60 stiibchen. 

A pipe of Spanish wine 96 to 100 stiibchen. 

A tun of beer is 48 stiibchen. 

A pipe of oil is 8201b. net. 

N. B. Whale oil is sold per barrel of six steckan, containing 32 
English gallons. 

100 ells of Hamburgh are 62 English yards. 

100 feet of Hamburgh . . 94 English feet. 

When goods are sold with a deduction (rabatt) of eight and two- 
thirds, or four and two-thirds per cent., it means a deduction of eight 
and two-thirds for 108-J, or four and two-thirds for 104|.. The agio 
on many goods sold in currency is a fixed one, and either 20 or 25 per 
cent. With others it is uncertain, and according to the agio existing at 
the moment. 

The government of the Netherlands has laid such heavy duties on 
the transit of English manufactured goods, that a large portion of this 
trade is now attracted to Hamburgh ; and from that city the productions 
of the English manufactories are sent with advantage by land, through 
Hanover, to other parts of Germany. Even the merchants and factors 
of Francfort no longer have their goods from England, through Holland 
up the Rhine; but have them by land carriage from Hamburgh, to 
avoid the Netherland duties. 

LEGHORN possesses a capacious but shallow harbour; and 
on account of the comparative advantages and freedom which 
foreign nations enjoy here in all respects , its commerce is extensive. 
Even Florence, the capital of Tuscany, within the territory of which 
Leghorn is situate, is dependent on the latter for its commerce, for it 
supplies the whole of the interior with the produce of the Levant, of 
Europe, and of the East and West Indies; and is the medium of all 

3 T 



























1010 


MONIES, WEIGHTS, &c.—LEGHORN. 

commerce with the coast of Barbary. The exports from all the Italian 
ports are much the same; silk, raw or manufactured, oil, marble, rags, 
brimstone, &c. 

The imports are almost every thing which the world produces, ex¬ 
cepting the commodities which have been enumerated, and the few 
others which Italy can boast; both, however, are best exemplified by 
the catalogue annexed. 

Accounts are kept by merchants and bankers in pezze da otto reali 
(or dollars of eight reales) of 20 soldi, the soldo of 12 denari di pezza: 
but, in common affairs, in 

Lire of 20 soldi, the soldo of 12 denari di lira. 

Of the lira there are two kinds—lira lunga (long money) and lira 
moneta buona (effective money.) 

The lira is also divided into one and a half paolo. 

A pezza is six lire, or nine paoli moneta lunga,* or five and three- 
quarters lire, or eight and five-eights paoli moneta buona. 

A ducat is seven lire, or nearly six and three-fourths lire, moneta 
buona. 

Exchanges. 

On London, one pezza for 48 pence sterling. 

On Amsterdam, one pezza for 96 pence Flemish. 

On Spain, 100 pezze for 136 old dollars of exchange. 

'On France, one pezza for 104 sous. 

On Hamburgh, one pezza for 87 pence Flemish. 

On Vienna and Trieste, 100 pezze for 202 florins. 

A cantaro (or cwt.) of sugar is 151 lb.; of flour, alum, or English 
cheese, 150 lb.; of brandy, 120 lb.; of oil, 88 lb.; of most other 
articles 160 lb. 

A migliajo is 1000 lb. 

A centinajo is 100 lb. 

100 libbra of Leghorn equals 74 lb. 13 oz. English. 

100 lb. English equals 133.587 lb. of Leghorn. 

Corn and salt are sold by the sacco. A moggio contains two rubbi, 
or seven and a half sacchi i the sacco is four per cent better thau two 
Winchester bushels. 


Wine Measure. 


Mezzette. 

Boccali. 




2 

1 

Fiaschi. 



4 

2 

1 

Barilla. 

English Wine Gallons. 

80 

40 

20 

1 

12 


The barilla of oil is 16 fiaschi, of two boccali eaeh, and contains eight 
and a half English wine gallons : it weighs about 66 lb. English. A 
large jar of oil contains 30 English gallons; a small one 15; and a 
box with 30 bottles, four English gallons. » 

A canna is four braccia, equal to 93 English inches. 

100 braccia are 64J English yards. 













1011 


MONIES, WEIGHTS, &c.—LEIPSIC. 


Goods in general are bought and sold for silver money; between 
which, and the money in which bills of exchange are bought, there is 
a difference of seven percent, (agio) against silver; i. e. 107 dollars in 
silver are equal to 100 in gold. 

On goods bought or sold (unless it be in effective money, where 
there is no discount) there is, generally speaking, a discount of three 
per cent.; on all cotton manufactures, four per cent. 

Charges on sales, including commission, are generally from six to 
eight per cent.; on fish, eight to ten per cent. 


TABLE I.—Showing the Value 
of any Article at 100 Pezze da 
Otto Reali (575 Lire , Moneta 
Buona ) per 100 lb. in English 
Money , per Cwt. English at any 
Exchange. 



Dollars. 

s. 

d. 

Exch. 

£. 

3 

0 

— 

J. 

6 

0 

— 

§. 

9 

7 

— 

1 . 

12 

1 

— 

2 . 

24 

3 

— 

3 . 

36 

4 

— 

4 . 

48 

6 

— 

5 . 

60 

7 

— 

6 . 

72 

9 

— 

7 . 

84 

10 

— 

8 . 

97 

0 

— 

9 . 

109 

1 

— 

10 . 

121 

3 

.— 

20 . 

242 

5 

— 

30 . 

363 

8 

.— 

40 . 

484 

10 

— 

50 . 

606 

1 

— 

60 . 

727 

3 

— 

70 . 

848 

6 

— 

80 . 

969 

7 

— 

90 . 

1090 

11 

— 

100 . 

1212 

1 


TABLE II.—Showing the Value 
of any Article at 100 Pezze da 
Otto Reali (575] Lire, Moneta 
Buona) per Sack , in English 
Money , per Winchester Quarter , 


at any Exchange. 
Dollars. 

s. 

d. 

Exch. 

i . 

8 

0 

— 

£. 

16 

0 

— 

4. 

24 

0 

— 

1 . 

32 

0 

— 

2 . 

64 

0 

— 

3 . 

96 

0 

— 

4 . 

128 

0 

— 

5 . 

160 

0 

— 

6 . 

192 

0 

— 

7 . 

224 

0 

— 

8 . 

256 

0 

— 

9 . 

288 

0 

— 

10 . 

3*20 

0 

— 

20 . 

640 

0 

— 

30 . 

960 

0 

— 

40 . 

1280 

0 

— 

50 . 

1600 

0 

— 

60 . 

1920 

0 

— 

70 . 

2240 

0 

— 

80 . 

2560 

0 

— 

90 . 

2SS0 

0 

— 

100 . 

3200 

0 


LEIPSIC or Leipsig, next to Hamburgh, is the first commercial 
city in Germany. It is situate between two large rivers, and at the 
conflux of three smaller ones, by means of which it has a communica¬ 
tion alternately with the ocean, though far inland, being but sixty miles 
north-west of Dresden, the capital of Saxony. It is a depot, as well 
for foreign, as for German merchandise, and is the resort of commercial 
men from all parts of Europe. It has three celebrated annual fairs, 
whither the Bohemians bring all kinds of glass ware, linens, &c.; the 
Silesians, linens; the Poles, leather, wax, and wool; the Prussians and 
Pomeranians, woollen and silk stuffs; the Nuremburgers bring toys; 
the Suabians, linens, and articles made of gold and silver; the Aus¬ 
trians and Hungarians, leather, wines, and dye stuffs ; the Swiss, 
woollen, silken, and linen stuffs ; the Russians, leather, hemp, and 
flax ; the Italians, silk; the French, lace and millinery; and the Eng¬ 
lish, Dutch, and Hamburghers, colonial produce and British manu- 

3 t 2 















































1012 MONIES, WEIGHTS, &c.—LEIPSIC. 

factured goods. Leipsic has the most extensive book trade on the con¬ 
tinent. 

Accounts are now kept here, as well as in the whole kingdom of 
Saxony, in rix dollars of 24 good grochen, each grochen being divided 
into 12 pfenings current. The specie rix dollar is 1 £ rix dollar current. 

Monies. 


Pfenings. 

Grochen. 




12 

1 

Rix Florin. 



192 

16 

1 

Rix Dol. Cur. 


288 

24 

14 

1 

Rix Dollar Specie. 

384 

32 

2 

H 

1 




Exchanges.* 

Exchanges are on London 6 rix dollars for £1 sterling; on Am¬ 
sterdam 147 rix dollars for 100 dollars; on Hamburgh 150 rix dollars 
for 100 dollars Hamburgh banco. 

Weights. 


Loths. 

Ounces. 





2 

1 

Marcs. 

' 


. 

16 

8 

1 

Pound. 

' 


32 

16 

2 

1 

Stone. 


704 

352 

44 

22 

1 

Centner. 

3320 

1660 

220 

110 

5 

1 


The centner is equal to 113J lb. avoirdupois; and, therefore, 100 lb. 
avoirdupois are equal to 97.141 lb. of Leipsic. 


Dry Measure. 


Scheffels. 

Matters. 


12 

1 

Wispel. 

Winchester Quarters. 

24 

2 

1 

9 

















































MONIES, WEIGHTS, &c.—LISBON 1013 


Liquid Measure. 


Quarts. 

Noessels 





4 

1 

Kannen. 




8 

2 

i 

Eimer. 



504 

126 

63 

1 

Fass. 


1 2520 

630 

315 

5 

1 

F uder. 

6048 

1512 

756 

12 


1 


The fuder answers to 214J English gallons. 


The weights of Leipsic are the same as at Dresden, but the following 
differences exist in their measures : 

756 kans of Leipsic are equal tr 972 of Dresden; or 100 of Leipsic 
to 128J of Dresden. 

The eimer of Leipsic is 20| English gallons. 

The eimer of Dresden is 18 English gallons. 

A fass of beer, at Leipsic, is 300 Leipsic kannen. 

At Dresden, a fass of beer is 420 Dresden kannen. 

Long Measure. 

The ell, at Leipsic and Dresden, is two feet. 

100 feet of Leipsic are 92£ English feet; or, 

100 ells of Leipsic 6If English yards. 

100 feet of Dresden are 92f English feet; or, 

100 ells of Dresden 62 English yards. 

LISBON, the capital of Portugal, situate on the river Tagus, has 
one of the finest harbours of the world. Wine is the most considerable 
article of exportation ; and the quantity shipped to England, both from 
Lisbon and Oporto, is very great. Salt is also a principal article of 
commerce, and the Portuguese salt has the quality of preserving provi¬ 
sions better than that of any other country. The country yields ex¬ 
cellent white honey; fruits, such as lemons and oranges, which are, 
however, very inferior to the Spanish ; almonds, with which the pigs 
are fed, and to which the Portuguese hams owe their celebrity; and 
figs, produced in Algarve, which are consumed in the country. The 
Portuguese wool is coarse, and much inferior to the Spanish. 

The returns are, flax, iron, wheat, salted fish, calicoes, and other 
British manufactured goods ; silk and woollen stockings, watches, and 
trinkets, hardware, copper, lead, coals ; and provisions, grain, and flour 
from Ireland. To the north of Europe the exports are wines, salt, 
fruits, and some colonial produce; and the returns consist in hemp, 
flax, iron, timber, and deals, stock-fish, pitch, tar, Russian and German 
linens, and particularly grain. A great smuggling trade is carried on 
with Spain in sugar, tobacco, spices, &c. 

Monies. 

Accounts are kept in all Portugal in rees, which are the smallest coin 






















1014 MONIES, WEIGHTS, &c.—LISBON. 

of the kingdom ; or in crusados and rees, the crusado being reckoned 
at 400 rees. When they are kept in rees, they are reckoned by thousands, 
separating them by a point: the millions by two points : and so on. 
1000 rees are called a milree, and are also distinguished by a peculiar 
mark, something resembling a capital italic S, with two parallel strokes 
drawn obliquely through it. The same mark is also frequently used 
instead of the . Thus, 90 : 414 . 583 means 90 millions 414 thousand 
5S3 rees. If the three first places are ciphers, as 384.000, it is usual 
to say 384 millrees, rather than 384 thousand rees. 

The half-moidore, coined at 2000 rees, passes for 2400; the new 
crusado, coined for 400, passes for 480 rees ; the old crusado, or crusado 
of exchange, is 400; and the vinten, or vintem, 20 rees. 

Exchanges. 

On London, one milree for 65 pence sterling. 

On Amsterdam, 400 rees for 42 pence Flem. 

On Genoa, 790 rees for 5j lire fuori banco. 

On Hamburgh, 400 rees for 40 pence Flem. banco. 

On Leghorn, 800 rees for one pezza da otta reali. 

On Paris, 540 rees for three francs. 

On Spain, 2600 rees for one pistole of exchange. 


Weights. 


Ounces. 

Marcs. 




8 

1 

Pounds or Arratels. 



16 

2 

i i 

Arrobas. 


512 

64 

22 

1 

Quintal. 

2048 

256 

128 

4 

1 


100 arratels, Portuguese, are equal to 101 lb. 3 oz. English ; and 
100 lb. English equal 98.828 arratels. 

The moyo of corn, salt, &c. is 15 fanegas, or 60 alquieres; the al- 
quiere being four fanegas, and is equal to 23 English Winchester 
bushels. 

A tonnelada is two pipes of 26 almudas each, but the custom-house 
at London reckons a pipe of Lisbon wine at 31 almudas, or 140 Eng¬ 
lish wine gallons. 

The tonnelada = 227£ English gallons. 


Long Measure. 


j Palinos. 

1 

Covados. i 
! 



3 

i 

1 

| Varas. 


5 

i* 

1 

Bra<ja. 

10 


2 

: 

1 

1 




































1015 


MONIES, WEIGHTS, &c.—MADRID. 

100 feet of Portugal = 107^ English feet. 

The vara. = 43^ English inches. 

For freight a last is reckoned at 

Four pipes of oil or wine. 

Four chests of sugar 
4000 lb. of tobacco. 

3500 lb. of shumac. 

But from one place in Portugal to another, a tonnelada is reckoned 
at 52 almudas of liquids, or 54 almudas of dry goods. 

Coffee is sold per arroba ; cotton, indigo, and pepper, per lb. ; oil, 
per almuda; wine, per pipe ; corn, per alquiere ; salt, per inoyo. 

Grain, seed, fish, wool, and timber are sold on board ; the import 
duties are, on 

Butter, three rees per lb. Porter, 1 15 per cent, upon 

Cheese, Eng. ditto Whiskey,) the value. 

Leather, 80 ditto Tin, 360 rees per arroba. 

Lead in pigs, 690 rees per quintal. 

Iron . . 420 rees] 

Flax. . 1240 do. >per 160 lb. 

Hemp. 745 do. j 

Sugar, coffee, indigo, cotton, cocoa, figs, rice, dye-woods, wine, rum, 
lemons, oranges, and salt pay an export duty of six per cent, on the 
value. 

MADRID is not to be considered as a commercial place otherwise 
than as a depdt for inland and foreign produce passing to and from 
Cadiz, and the other seaports of the kingdom. Indeed there are few 
commercial persons resident in Madrid who have not immediate con¬ 
nection with a house at Cadiz ; to that article, therefore, reference must 
be had for much of the commercial information respecting the capital. 
Most of the wool of Spain is exported from Bilboa. It has been more 
than once observed, that, in Spain, are eight different valuations of 
money. In Madrid, of course, they are all known, but the principal 
and most current is the Castilian, which consists of 

1. The common Castilian monies of account, in which accounts are 
kept in Madrid and other places, viz. 

Reales de vellon, of thirty-four maravedis de vellon each ; and 

Reales de plata antigua, of thirty-four maravedis de plata antig. 
each. The latter, which is commonly called the real of plata, is mostly 
used in foreign commerce, and in exchanges. The real de vellon is 
also divided into seventeen ochavos, of twenty dineros of Castile. The 
real of plata*is 640 dineros of Castile ; or thirty-two reales de vellon are 
seventeen reales de plata antigua. 

The following table shows the respective proportions : 




1016 MONIES, WEIGHTS, &c.—MADRID. 

Monies. 


1 Dineros of 

1 Castile. 

Maravedis 
de Vellon. 




10 

1 

Ochavo. 



20 

2 

1 

Real de Vellon. 


340 

34 

17 

1 

Real de Plata Aut. 

640 

64 

i 

32 

Ui 

2 T 7 

1 


2. The old Castilian monies of exchange, viz. 

Ducado di cambio, of eleven reales one maravedi ; or 375 maravedis 
de plata antigua, equal to 706 maravedis de vellon. 

Doubloon de plata antigua of thirty-two reales de plata antig. 

Peso or dollar de plata ant. of eight, reales de plata antig. 

All these are also divided into twenty sueldos, of twelve dineros. 

3. The new provincial monies of account, used in the inland trade, 
and at Malaga, viz. 

Doubloon de plata nueva, or provincial, of sixty reales de vellon 
Peso de plata nueva, or provincial, of fifteen reales de vellon. 

Real de plata nueva, or provincial, of thirty-four maravedis de plata 
nueva, or two reales de vellon. 

Ducado de plata, of eleven reales de plata antigua, or 704 maravedis 
de vellon, 

Ducado de vellon, of eleven reales de vellon, or 374 maravedis do. 

4. The Castilian occasional monies of account, viz. 

Ducado de oro, of forty-five and three-fourths maravedis de vellon. 
Ducado of freight, of twelve reales de plata antigua in Cadiz, or 
twenty-two and a half reales de vellon at Malaga. 

Escudo al sol, of thirty-two I 

Escudo de oro, of forty > reales de vellon. 

Escudo de vellon, of ten J 

Reale de plata corriente, in Bilboa, 512 dineros of Castile. 

Blanca of Malaga, a half } ,. . ,, 

Carnado of Malaga, a quarter J marave 1 ce ve on * 

Ducado de plata nueva, of sixteen and a half reales de vellon. 

The sterling value of the above monies may be found sufficiently near 
for all practical purposes, by valuing the real vellon at 2^d. 

Exchanges at Madrid 

On Amsterdam are one ducado di cambio for 96 pence Flem. 

On Hamburgh, one ducado di cambio for 88 pence Flem. 

On Leghorn, 120 piastres of exchange, for 100 pezze da otto. 

On Lisbon, one doubloon of exchange de plata antigua for 2700 
rees. 

On London, one doubloon de plata antigua for 36 pence sterling 
On Naples. 290 maravedis de plata antigua, for one ducado di 
legno. 

On Venice, 340 maravedis de plata antigua, for one ducado banco. 
On Paris, one piastre of exchange for four francs. 

For the weights and measures of Madrid, see Cadiz. 















MONIES, WEIGHTS, &c.—MALTA. 1017 

MALTA, situate in the Mediterranean, between the Barbary coast 
and Sicily, is merely a rock, which, like Gibraltar, produces more ex¬ 
pense than direct profit; yet it is indirectly singularly advantageous 
for carrying on British commerce in these regions. The trade of the 
island itself does not*consist in the export of its own produce, among 
which oranges and other kinds of fruits are not the least considerable, 
so much as in the supplies received in English, French, and Italian 
vessels, of various articles for the consumption of the island, and in the 
large imports of grain from Italy. Many articles, however, are manu¬ 
factured here from cotton, particularly gloves and stockings, which are 
in high repute. The inhabitants of the little isle of Gozzo (which be¬ 
longs to Malta) are industrious in these branches of manufactures, and 
cultivate the sugar-cane with success. 

Accounts are kept in scudi of twelve tari, the taro of twenty grani. 
The taro is likewise divided into two carlini, or 120 piccioli. 

Exchanges. 

Malta gives London one dollar of exchange for 48 pence sterling, or 
as used by government, one Spanish dollar for 49 pence sterling. 

Genoa, 4 tari 12 grani, for one lira. 

Leghorn, 29 tari, for one pezza da otto. 

Marseilles, 5 tari, for one franc. 

Naples, 25^ tari, for one ducato. 

Sicily, 6J scudi, for one ounce. 

Trieste, 14^ tari, for one florin. 

Turkey, 1 scudo, for 104 paras. 

Bills are mostly drawn at 30 days sight; also, sometimes, at 60 days 
on London. 

The oncia, or dollar of exchange, is two and a half scudi, or thirty 
tari: this money of exchange is called silver, the other, copper money. 


Monies. 


Grani. 

Tari. 



20 

1 

Scudi. 


240 

12 

1 

Oncia. 

600 

30 

84 

1 


Weights and Measures. 

The heavy cantaro contains 111 heavy rottoli, of two and three quar¬ 
ters lb. each : it is used for weighing butter, cheese, fish, skins, and 
salted provisions, and is equal to 213 lb. English. 

The light cantaro consists of 100 light rottoli, of two and a half lb. 
each. With this weight all other goods are weighed: it is equal to 
175 lb. English. 

The salma of grain is equal to 8 Winchester bushels. 

A barrel is two caffisi; the caffiso contains five and a half English 
gallons. 

Malta is classed with Gibraltar in the acts of parliament which regu¬ 
late the trade of these places, and deemed to be in Europe. See page 
478.—See also Register Acts, and Navigation Acts. 













1018 MONIES, WEIGHTS, &c.—MILAN. 

MILAN, the capital of the duchy of that name, from its inland situ¬ 
ation, scarcely comes within the design of these pages, but its size and 
importance, as well as its commercial connection, present some claim to 
notice. It has considerable commerce in grain, (especially rice,) cattle, 
and cheese; it has manufactures of celebrity in silk and velvet stuffs, 
stockings, handkerchiefs, ribands, gold and silver lace, and embroideries ; 
and extraordinary curiosities in crystal, agate, and other gems. The ex¬ 
portation of wrought silks and velvets to Holland and Germany is most 
considerable. Accounts are kept in lire of twenty soldi, the soldo of 
twelve denari. 

In exchange business, the scudo di cambio, or imperiale, is reckoned 
at five lire seventeen soldi imperiale ; in other business, the scudo cor- 
rente at five lire fifteen soldi correnti. 

100 scudi imperiali are nearly 144 scudi correnti. The filippo is 
106 scudi imperiali or 150 scudi correnti. 

Exchanges. 

On London, thirty-one lire corr. for i?l sterling. 

On Amsterdam, fifty-five soldi corr. for one florin Dutch banco. 

On Paris, eighteen soldi imp. for one franc. 

On Rome, 141 soldi corr. for one scudo Romano. 

Weights. 

12 ounces make one pound light weight. 

28 ounces make one pound heavy weight. 

7 pounds light weight are equal to three pounds heavy weight. 

100 lb. light weight equal 72 lb. English. 

100 lb. heavy weight equal 168^ lb. English. 

100 lb. English equal 138.778 lb. light weight, or 45.354 lb. heavy 
weight. 


Stajo or Staja. 

Sacchi. 




8 

1 

Rubbi. 



16 

2 

1 

Mina. 

Winchester Quarters. 

224 

28 

14 

1 

oi 


A cargo of oats is nine staja. 

A soma of rice is twelve staja, and weighs 230 lb. peso grosso. 
Wine Measure. 


Pinte. 

Mine. 




8 

1 

Stari. 



16 

2 

1 

e 

Brenta. 

English Wine Gallons. 

48 

6 

3 

1 

184 


The rubbio of oil weighs twenty-five pounds of thirty-two ounces 
each, or forty-seven and a half pounds English. 

























MONIES, WEIGHTS, &c.—MOREA. 1019 

100 braccia, or ells, are seventy-two and a quarter English yards. 

100 feet of Milan are 125 English feet. 

In 1803, a new system of weights and measures was decreed for the 
kingdom of Italy, founded on the French decimal system, for which see 
France. It is used in all public transactions relating to government, 
but in private business the old system is still continued. 

MOREA, formerly called Peloponnesus, is a peninsula joined to the 
rest of Greece by an isthmus, called the isthmus of Corinth, and part of 
the dominion of Turkey in Europe : under this general title will be in¬ 
troduced what little is to be advanced respecting, not only this penin¬ 
sula itself, but the contiguous islands on this coast of the Mediterranean 
sea, and also the ports of Greece toward the opposite side of the Morea, 
on the Archipelago. First, respecting the islands situate on the Medi¬ 
terranean side. 

At Patras, in the Morea, accounts are kept in piastres of 80 aspers. 

The quintal contains 44 okes, or 132 lb. 

100 lb. ofPatras.== 88 lb. avoirdupois. 

The staro corn measure = 2^ English bushels. 

Zante, Cephalonia, and Corfu, are the principal of the seven con¬ 
stituting the Ionian republic, which formerly belonged to Venice, but 
now form a state under the protection of Great Britain. 

The population of the seven Ionian islands has been recently esti¬ 
mated at 200,000 persons of a mixed race, but principally Greeks; men 
of genius, enterprise, and commercial propensities. Of these, Corfu 
may have 70,000, Cephalonia 60,000, and Zante 40,000. The exports 
of these islands consist chiefly of oil, wine, and currants. Of the last- 
mentioned article Zante alone exports (chiefly to England) 7,000,000 
lb.; of oil, 60,000 barrels; and 4000 casks of wine. Cephalonia ex¬ 
ports nearly, similar quantities of these articles. Zante is the most 
fertile, as well as the most beautiful of these islands; but Corfu is the 
principal depot and mart of the other islands, as well as of some places 
situate in the neighbouring peninsula. 

In the Ionian Islands, accounts are kept in dollars of lot) cents, or 
oboli. Also in some parts, near the continent, in Turkish piastres of 
40 paras each. This piastre is worth 7 ^d. sterling. 

The gold coins are chiefly the Spanish doubloon, with its subdivisions. 
It passes for 15 Spanish dollars 20 cents. 

Silver coins are 

Spanish dollars, valued at 100 cents. 

Venetian dollars. 96 — 

Imperial dollars. 98 — 

The weights and measures are those of Venice and Turkey. 

Currants are sold per 1000 lb. ; being about 975 lb. English net; or 
about 920 lb. net at Hamburgh. On purchasing currants, three per 
cent, commission is charged at Zante, and four per cent, more at 
Venice. 

The barilla of grain is equal to half a sacco of Leghorn. 

100 barilla are thirteen English Winchester* quarters. 

The extreme island within the vicinity of the Morea, is- Candia, (or 
Crete,) in the centre of the Mediterranean, belonging to Turkey, and 
producing grain, fruits, and silk : the latter article is, however, so badly 
prepared that very little of it is purchased by other nations. This island 
furnishes vessels trading to the Levant with fresh provisions, and its 





1020 MONIES, WEIGHTS, &c.—MOREA. 

produce is also exported; among which may be reckoned silver, lead 
copper, iron, and other minerals, oils, &c.; receiving in return severa 
European commodities. The principal trading place is 

Canca, with a tolerable good harbour. (For monies, &c. see Con¬ 
stantinople.') 

The cantaro of forty-four oka, or 100 rottoli, is equal to 116J lb. 
English. 

The carga of grain is equal to four and one-eighth Winchester 
bushels. 

The barrel of oil contains eight mistati, or 23f English gallons, and 
weighs about 178j lb. English. 

100 pik or ells are sixty-nine and two-thirds English yards. 

With respect to the Morea itself, it is sufficient to observe, that in all 
parts of the peninsula provisions are plentiful and cheap, and money of 
more value than in any other part of the Mediterranean ; in consequence 
of which there is no good market for any considerable quantity of Bri¬ 
tish goods. Lead and tin are always in demand, but only in small 
quantities at any one port. Ships that take cargoes of tish to Venice or 
Trieste, where there is always a great consumption, may take in ballast, 
and run down the Gulf of Venice, and load immediately in the Morea, 
instead of waiting in those ports for a cargo. 

It would be a difficult task to attempt giving a particular description 
of the various articles, the produce of the Morea, they being so very 
numerous. Currants, fustick, cotton, valonia for tanning, and olive 
oil, are among the principal. Beside these, are to be reckoned some 
sorts of fruits, gums, drugs, madder, &c. &c. 

Currants, it has been observed, are a considerable article of export 
from the Morea ; Petrasso is one of the best ports to ship them from. 
The fruit is rather larger, and more free from sand or gravel, than that 
of either Zante or Corfu. They are shipped in various sized casks, 
from twenty hundred weight to fifty pounds, for the English market. 
The quantity shipped must weigh above five hundred weight net, 
otherwise they are liable to seizure. The casks are always included in 
the weight of the fruit, and paid for as such. The Morea currants have 
the preference in most countries, except in England, where the Zante 
currants are more merchantable. 

Fustick also is chiefly shipped from Petrasso , as more of it grows in 
the Morea than in any other part: it is very convenient to stow amongst 
a dry cask cargo, where it is stowed to great advantage for the ship, and 
it may be cut up into convenient lengths, without injuring the wood. 

Valonia is a kind of acorn, of a bright stone colour, which it always 
preserves while it is kept dry : any kind of dampness injures it, as it 
then turns black, and loses both its strength and value. It is chiefly 
used by tanners, and is always in great demand in England. The first 
cost is usually from three pounds ten shillings to five pounds sterling per 
ton ; though it is a very bulky article, it is always bought and sold by 
weight: a ship can only take a small proportion of her register touuage ; 
in consequence the freight of valonia per ton is always very high. 

Proceeding now, according to the projected course, round the Archi¬ 
pelago, the peninsula of Greece may be considered as commencing at 
the head of the Gulf of Salonica to the east, and at that of Avlona on 
the west, and, as has been observed, is connected with the sub-peninsula 
of the Morea, by the narrow isthmus of Corinth. 

The circumstances under which the world was placed during the late 
war, Great Britain having an uncontrouled superiority at sea, occasioned 


1021 


MONIES, WEIGHTS, &c.—NAPLES. 

many seaports on the confines of Europe to become great depots of 
merchandise, and places of considerable commerce. Such was the case 
with some of these insular and peninsular towns. Salonica , for ex¬ 
ample, became a depot for English cargoes of sugar, coffee, indigo, cot¬ 
ton twist, and various other articles to an incredible amount, for the 
supply of the interior of Turkey, both European and Asiatic. The 
merchants in these places having by these means not only acquired 
great wealth, but imbibed a spirit of enterprise and commerce, and 
opened a new channel for trade, the effect still continues in a consider¬ 
able degree, after the immediately exciting cause has in a great measure 
ceased to operate. 

The exports from Salonica are grain, (wheat, barley, and Indian 
corn,) cotton, wool, tobacco, and timber. The average exportation of 
wheat per annum is 1,000,000-kilos, the kilo being about 55 lb. Of 
cotton about 110,000 bales. Of tobacco about 30,000 bales ; each 
bale containing about 275 lb. Of wool about 1,000,000 lb. Timber 
is exported to Malta and other parts of the Mediterranean. 

The ordinary imports are sugar, coffee, dye-woods, indigo, cochineal, 
muslins, printed calicoes, iron, lead, tin, watches, &c. &c. 

Those from the Gulf of Corinth are principally grain, as wheat, bar¬ 
ley, oats, peas, and maize; some cotton, wool, honey, and cheese. 


NAPLES, situated on the bay of that name, is well placed for com¬ 
merce, and has all the luxuries of life in great profusion. The chief 
articles of manufacture are silk stockings, soap, boxes, and other orna¬ 
mental articles made from lava, marble, minerals, and fossils. The 
other productions are brimstone, fruits, wines, and, above all, Gallipoli 
oil. The imports are colonial produce, linens, and salt fish of every 
sort, kind, and quality. 

Monies, (new, by royal ordinance.) 

£. s. d. 

1. Gold._ Oncetta .. = 3 ducats, 85 accini in wt. 0 10 3^ 

Piece ofb oncette = 15 ducats, 425 accini. . . 2 11 4J 

Do. of 10 oncette =. 30 ducats. 5 2 9 

2. Silver .. . Carlino . — 51 accini in wght. 50 car- 

lini being 1 mint marc. 0 0 4| 

Piece of 2 carlini — 102 accini. 0 0 

Do. of 6 carlini — 309 accini. 0 2 1 

Do. of 12 carlini — 618 do. 0 4 2 

3. Copper . . Half grano or tornese “70 accini. 

Grano or bajocco. 

Piece of 2J- grani. 

Piece of 5 grani. 


Exchanges. 

On London, 39 pence for one ducato di regno. 

London on Naples, 604 grani for £l sterling, and the other places 
on Naples exchange in grani. 

On Amsterdam, 74 grotes for one ducat. 

On Hamburgh, 44j schillings current for one ducat. 

On Paris, 4 francs 20 centimes for one ducat. 

On Leghorn, 116^ ducats for 100 pezzi da otto reali. 

On Vienna, 59J grani for one florin currency. 








1022 MONIES, WEIGHTS, &c.—NETHERLANDS. 

Weights. 

The cantaro gresso contains 100 rottoli and weighs 196 lb. English. 
The cantaro piccolo r= 106 lb. English. 

And therefore 100 lb. avoirdupois = 51 rottoli. 

The carro of corn is divided into 36 tomoli. The tomolo contains 
1J English bushels. 


Wine Measure. 


Carasi. 

Barilli. 




12 

1 

Botti. 



144 

12 

1 

Carro. 

English Wine Gallons. 

288 

24 

2 

1 

264 


The regular pipe of wine or brandy is equal to sixty-six velts, or 132 
English gallons. 

The canna contains eight palmi, and is equal to 6 feet 11 inches Eng¬ 
lish. 

A carrata of pipe st ives is composed of four squares, 5^ palmi 
long. 

100 carrati contain about 3800 staves. 

Most articles of export are purchased for ready money; on most 
import articles, two to four months’ credit is generally given, and on 
British manufactured goods even longer. The charges on sales, includ¬ 
ing commission, are generally from six to eight per cent. 


KINGDOM OF THE NETHERLANDS. 

NEW SYSTEM OF WEIGHTS AND MEASURES. 

In 1816 a new system of weights and measures was decreed for the 
kingdom of the Netherlands, to commence in 1820. It is founded on 
the metrical and decimal system of France, but with the old vocabulary 
of names. 

The pond is the unit of weight, and answers to the French kilo¬ 
gramme. Its divisions are the ons, lood, wigtje, and korrel. 

The elle, which is the unit or element of long measure, equals the 
French metre. Its decimal divisions are the palm, duim, and streep ; 
and its decimal multiples, the roede and mijle. 

The vierkante elle , or square ell, is the unit of superficial measures ; 
and answers to the centiare or metre carre of France. Its divisions 
are the vierkante palm, vierkante duim, and vierkante streepe; and its 
multiples, the vierkante roede and vierkante bunder. 

The kubicke elle is the unit of measures of capacity ; and equals the 
French stere. Its divisions are the kubicke palm, kubicke duim, and 
kubicke streep. 

The term wisse is given to a kubicke elle of fire-wood. 

The kop is the unit of measures for dry wares, and is the cube of the 
palm ; answering to the French litre. Its division is the maatje, and 
its multiples the schepel and mudde ; the latter is also called the zuk , 
and equals the French hectolitre. 30 mudden make 1 last. 














1023 


MONIES, WEIGHTS, &c.—PARIS, 

The kan is the unit for liquid measure, and is the cube of the palm; 
it corresponds to the French litre. Its divisions are the maatje and 
vingerhoed, and 100 kans make a vat or cask, which equals the French 
hectolitre. 

The apothecary’s new pound is divided into 12 ounces, 96 drachms, 
288 scruples, or 5760 grains; and answers to 375 grammes, or 5787 
English grains. 


Table of the Weights and Measures of the Kingdom of the Netherlands, 
compared with those of France and England. 


Netherlandish. 

Weights. 

French. 

English. 

Pond . — 

. . Kilogramme .... == 

.... 15434 grains. 

Ons. — 

.. Hectogramme . . 

.... 1543,4 

Lood. — 

.. Decagramme ... = 

.... 154,34 

Wigtje . — 

.. Gramme . — 

.... 15,434 

Korrel. — 

.. Decigramme. ... = 

1,5434 

Mijle. — 

Long Measure. 

. . Kilometre . —* 

... .3937,1 inches. 
.... 393,71 

Roede. = 

.. Decametre. — 

File . = 

. . Metre . “* 

.... 39,371 

- 3,9371 

.... 0,39371 

Palm. — 

. . Decimetre. — 

Duim. — 

.. Centimetre. — 

Streep . = 

.. Millimetre. — 

.... 0,039371 

Vierkante bunder. = 

Square Measure. 

. . Are. — 

. .. . 3,955 perches. 

Vierkante roede. . = 

.. Deciare,. — 

.... 0,3955 

Vierkante elle .... = 

. . Metre carre .... = 

.... 10,7644 sq. feet, 

Vierkante palm.. . = 

. . Decimetre carre . = 

.... 15,500 sq. inch. 

Vierkante duim . . = 

. .Centimetre carre. = 

.... 1,550 

Vierkante streep.. = 

.. Millimetre carre . = 

. .. . 0,155 

Kubicke elle . — 

Cubic Measure. 

. . Stere , or metre cube = 

.... 35,3170cubicft. 

Kubieke palm. ... = 

. . Decistere.— 

.... 3,5317 

Kubicke duim ... = 

. . Cencistere.““ 

.... 0,35317 

Kubicke streep... ~ 

. . Milistere.— 

.... 0,035317 

Mudde, or zak. . . rr: 

Dry Measure. 

. . Hectolitre. — 

. ... 2,8379 bushels. 

Schepel. — 1 

. . Decalitre. — 

.... 0,28379 
.... 0,028379 
.... 0,002837 

. .. . 26,419 wine gall, 

Kop . = 

. . Litre .. .’. — 

Maatje . . . — 

. . Decilitre. — 

Vat. - 

Liquid Measure. 
..Hectolitre. r= 

Kan . = 

.. Litre . — 

. ... ,26419 

Maatje. —“ 

. . Decilitre. — 

. ... ,026419 

yingerhoed. = 

..Centilitre. — 

.0026419 


PARIS is too far remote from the sea to be what is strictly termed 
* a commercial city,” but it is nevertheless the centre of ail the com¬ 
merce of the kingdom, almost every great mercantile house in the 
cities, and seaports, Bourdeaux, Havre, Lyons, Marseilles, &c. having 





















































1024 MONIES, WEIGHTS, &c.—PETERSBURG. 

a correspondent here ; bills from foreign countries being generally made 
payable here ; and in short, being the place where the exchange business 


of the kingdom is principally transacted. 

The exchanges are— 

On London ... .25 francs 20 cents .for <£1 sterling. 

On Amsterdam.. 54 pence Flemish .for 3 francs. 


On Hamburgh ..24 schillings Hamburgh banco for 3 francs. 

For the monies, weights, and measures of Paris, see p. 956, &c. 

PETERSBURG, like Paris, is the centre and emporium of the 
commercial concerns of the kingdom, of which it is the capital, 
through however many channels conveyed, and these are necessarily 
numerous in this vast and diversified empire. There are no less than 
twelve principal ports, beside inferior ones, which contribute to the 
commerce of this capital and nation ; viz. Abo, Archangel, Arensburg, 
Cronstadt, Liebau, Odessa, (a free port,) Pernau, Revel, Riga, Tagan¬ 
rog, Theodosia, and Wyburg. 

The exports from Russia* to this country, are hemp, flax, tallow, 
iron, tar, pitch, linseed, ashes, and some timber. For hemp, Riga is 
the best place in the Baltic, and Petersburg the next; that which is 
exported from the othe.r ports is inferior in quality and proportionably 
dearer. For pass-hemp ^nd tow, Liebau is a good place. Riga is 
also the chief port for ashes and flax, the sorting of the latter being 
very strictly attended to there; the quality from Pernau is equally 
good, and the sorting even better, but the quantity exported bears 
no comparison to that from Riga. Tallow is regularly cheaper at 
Petersburg than in the other parts of the Baltic; it is also the best 
port in Russia for iron. For linseed, Riga and Pernau are the best 
places. Timber is mostly exported from Archangel, Riga, Pernau, 
and Wyburg: oak timber from Riga only. Archangel is the best place 
for tar. It was formerly the principal port in the Russian domi¬ 
nions, and it still exports in prodigious quantities, tar, deals, pitch, 
hemp, tallow, iron, and mats, with a less considerable quantity of 
linseed and leather. 

In ordering goods from Archangel, it is usual to remit the amount 
to a house at Petersburg, which sends the money in specie to Arch¬ 
angel by post. Of late a bank has been established at Petersburg, 
under imperial authority, which promises to confer great facilities on 
commercial negotiations, and transmissions of payments, being both a 
discount and deposit establishment. The principal imports are coffee, 
sugar, and other colonial produce, indigo, dyewoods, spices, cotton- 
twist, salt, &c.; but both exports and imports are best exemplified by 
the annexed tariff. 

The following regulations for the importation of foreign goods are 
strictly enforced :— 

All goods imported must be accompanied by the following do¬ 
cuments. 

1. The declaration of the captain, according to the form ordered by 
the custom-house. 

2. An attestation from the Russian consul, and, where there is no 
consul, from the custom-house of the place, of the quantity and quality 
of the goods, and a declaration that they are not the produce, manu¬ 
facture, or property of an enemy’s country. 

3. Bills of lading of all goods, in which the weight, measure, or 
quantity of each oackage must be specified. In case the bills of lading 




MONIES, WEIGHTS, &c.—PETERSBURG. 1025 

are not exactly after this regulation, the goods pay the double duty, 
as a fine. In case more be found than specified in the bill of lading; 
the surplus is confiscated ; if less be found, the duty must be paid on 
the quantity specified. Of wine, it is not sufficient to specify the num¬ 
ber of pipes, or hogsheads, only, but also their contents in gallons, &c. 
Of lemons, the number in each box must be specified. Of manu¬ 
factured goods, the measure of each piece must be specified, and the 
number of pieces in each bale. 


WEIGHTS AND MEASURES. 


Berko vitz. Pood. 

Weights. 

Pound. 

Loth. 

Soletnik. 

1 = 10 = 

400 = 

12,800 

— 38,400 

1 = 

40 = 

1280 

= 3840 


1 = 

32 

= 96 



1 

= 3 


40 lb. in St. Petersburg are equal to about 36 lb. English, or 
100 lb. Russian = 90J lb. English; and therefore 100 lb. Eng¬ 
lish = 110,785 lb. Russian. 

Measures for Dry Goods. 

Tshetwert. Osmin. Pajock. Tshetwerick. Garnitz. 

1 = 2= 4=8== 64 

1 = 2 = 4 = 32 

1 = 2 = 16 
1=9 

1 tshetwert is equal to about Winchester bushels; or 100 
tshetwerts = 74^ quarters English. 

n Measures for Liquid Goods. 

Sorokovoy. Wedro. Krushka. Tsharky 

1 = 40 = 380 r= 3520 

1 = 8 = 88 

1 = 11 

The wedro contains 3J gallons English. 

Pine. Hogsheads. Ankers. Wedro. Bottles. 

1 — 2 = 12 = 36 = 480 

1 — 6 = 18 = 240 

1 = 3 = 40 

1 = 13-j 

1 wedro is equal to about 3^ gallons in London. 


Long Measure. 


Werst. Sashen. 

Arshine. 

Wershok. 

1 = 500 

= 1500 

«= 2400 

1 

— 3 

= 48 


1 

= 16 


1 sashen is equal to 7 English feet. 

1 arshine is equal to 28 English inches. 


The English inch and foot are used throughout Russia. 
100 Russian feet are equal to-114£ English feet. 

The werst or Russian mile is 5 furlongs 12 poles. 

3 u 


1C26 MONIES, WEIGHTS, &c.—ROME. ROTTERDAM. 

Monies. 

Accounts are kept in Petersburg, and in all Russia, in roubles, at 100 
copecks bank-notes. Formerly, accounts were kept in silver money, 
which is about 400 per cent, better; but, by an order from government, 
merchants are now obliged to keep accounts in bank-notes. The silver 
rouble is also divided into 100 copecks 

Exchanges. 

The exchanges are: on London, 1 ro., more or less, for 13 ^d. ster¬ 
ling; on Amsterdam, 1 ro. for 8 stivers; on Hamburgh, 1 ro. for 9 
shillings liibs, banco. 

ROME, though neither a port nor a manufacturing city, is the 
centre of some commercial intercourse, through the port of Civita 
Vecchia , by the river Po, which entitles it, as a great resort of 
foreigners, to some notice. Civita Vecchia is distant, indeed, more 
than 60 miles, but Ostia , the ancient port, and only 12 miles distant 
to the south, has long been left dry, by the Tiber having changed 
its course. The imports are extremely various, but in small quantities, 
being only the consumption of Rome itself, and the thinly inhabited 
country in its vicinity. Sulphur, alum, aniseed, and wool are nearly 
the only productions. Money transactions, more considerable in number 
than in magnitude, occur here chiefly on account of the many travellers 
and sojourners. Accounts are kept in crowns or scudi Romani, and 
scudi moneta. Each scudo is divided into 10 paoli or giuili, and each 
paolo into 10 bajocchi. 

Exchanges. 

On London 7 d. sterling, for 1 scudo. 

On Paris 105 sous, for 1 scudo. 

On Amsterdam, 44 bajocchi, for one florin. 

On Florence 104 scudi stampo d’oro, for 100 scudi d’oro of seven 
and a half lire. 

On Genoa, one scudo Romano, for 128 soldi fuori banco. 

On Leghorn, 96 bajocchi, for one pezza da otto reali. 

On Milan, 139 scudi Romani, for 100 scudi imperiali. 

On Naples, 100 scudi Romani, for 129^ ducati di. regno. 

On Venice, 557 centimes, for one scudo. 

In 1809 the French monies and weights were introduced into 
Rome. The scudo was reckoned at 5 francs 35 centimes ; worth about 
4 s. 3d. sterling. 

1001b. of Rome = 74|db. avoirdupois. 

100 lb. avoirdupois == 133.741 lb. of Rome. 

ROTTERDAM. The trade of Rotterdam is very similar to that of 
Amsterdam, but not so extensive. Rotterdam is, however, a much 
better place for most kinds of grain, and the white Zealand wheat, 
shipped from hence, is of a particularly fine quality ; it is also the best 
market for madder and geneva, which is sold by the aume, but, for the 
convenience of English smugglers, it is also sold in ankers and half¬ 
ankers. The imports are the same as at Amsterdam. 

Accounts are kept in florins, of 20 shivers, or 40 groots ; for which, 
and the rest of the monies and exchanges, see Amsterdam. 

The weight is that of Amsterdam ; a stone is 6 lb.; a ton 2000 lb.; 
a last 4000 l*b. 


MONIES, WEIGHTS, &c—SICILY. 
Dry Measure. 


1027 


Aehteldeelen. 

Sacks. 





3 

1 

Hoeils. 




32 

m 

1 

Last. 

Mudden. 

Winchester Quarters. 

87 

29 

2|| 

1 

27 

10* 


A hogshead of flax seed contains from seven and a half to eight 
Winchester bushels. Rock salt is sold per great hundred of 404 inaaten, 
containing from 21 to 22 tons.—Coals per hoed, equal to half a 
chaldron of Newcastle. 

The liquid measures are divided in the same manner as at Amsterdam, 
but are larger ; thus 100 stoops of Rotterdam are 67f English wine 
gallons. Brandies are sold per 30 viertels, whale oil per 90 stoops, 
vegetable oils per 340 stoops. 

The ell is the same as at Amsterdam. 100 feet of Rotterdam are 
109^ feet of Amsterdam, or 102 English feet. 

The decimal and metrical system of France was introduced here in 
1820, for which see Antwerp. 

SICILY. Palermo is the capital of Sicily, and has a good har¬ 
bour ; but Messina is better situated for the trade with Italy, being 
only at a short distance from the Italian coast; its harbour is very 
commodious, but by no means safe. The principal exports of Sicily 
are, grain to Genoa, Leghorn, France, and Spain; silk (the chiet 
staple article) to Genoa, Leghorn, Marseilles, and England; salt, 
shumac, almonds, tallow, olive oil, cheese, barilla, wines, anchovies, 
and sardines; kid, lamb, fox, hare, and rabbit skins. The imports are, 
from Leghorn, raw wool and woollen stuffs, raw and spun cotton, 
linens, calicoes, iron, copper, gunpowder, indigo, cochineal, pepper and 
other spices, dye-woods, flax, hemp, and hides; from Genoa, velvets, 
paper, German linens, embroidered silks, &c.; from France, linens, 
cotton stuffs, hats, paper, lace, jewellery, camlets, serges, and other 
stuffs ; from Venice, quicksilver, turpentine, drugs, cloth of Padua, 
wax, glass, &c.; from Naples, English and French merchandise, 
Calabrian pitch, timber, earthenware, &c.; from Trieste, German 
articles; from Spain and Portugal, sugar, tobacco, dyewoods, and, 
other colonial produce ; from Holland, linens and West India produce; 
from England, East and West India produce, watches, hardware, 
cutlery, toys, jewellery, copper, pewter, iron, lead, hides, &c. 

Accounts are kept in onze of 30 tari, the taro of 20 grani. 

These monies are also divided, as in the following Table: 


3 u 2 



















1028 MONIES, WEIGHTS, &c.—SICILY. 


Piccioli. 

Grani. 



1 '• ? / * ' * 



toffim A 

6 

1 

Ponti. 





Hfi amlT 

8 

H 

1 

Carlini. 




H / f /[8 
oiboronn 

60 

10 

7 I 

1 

Tari. 



IO 

120 

20 

15 

2 

1 

Fiorini. 


- j [()’’[ 3(T(J 

720 

120 

90 

12 

6 

1 

Scudi. 


1440 

240 

180 

24 

12 

2 

1 

Onza. 

3600 

600 

450 

60 

30 

5 

2J 

1 


The Sicilian carlini, grani, &c. have only half the value of the same 
denominations in Naples. 

Exchanges. 

On Genoa, 39J grani, for one pezza of five and three-quarters lire 
fuori banco. 

On Leghorn, 12 tari, for one pezza da otto reali. 

On London, 60 tari, for one pound sterling 
On Rome, 13 tari, for one scudo Romano. 

On Venice, 8 tari, for one ducato piccolo. 


Weights. 

There are three weights used in Sicily; viz. 

1. The pound or libbra of. 12 ounces. 

2. The rottolo sottile of 2\ lb. 30 

3. The rottolo grosso 2f lb. 33 

100 rottoli sottili 1 ma ^ e fone cantaro sottile. 

100 rottoli grossij [one cantaro grosso. 

110 rottoU soUUi j are ct l ,,al t0 192 i' b - En S lish - 

100 libbra. =70 lb. avoirdupois, and therefore 

1001b. avoirdupois = 142.857 libbra. Also, 

100 lb. avoirdupois = 51.948 rottoli grossi, and 57.143 rottoli 

sottili. 


Dry Measure. 

The dry measure is the salma, which is divided into sixteen tomoli. 
There are two saline which are of different sizes. 

100 sal me grosse contain 122^ English quarters. 

100 salme generali.98T ditto. 

Wine Measure. 

A tonna of wine Is 12 salme, the salma, containing eight quartari; 
the salma of Messina is 23 English gallons; that of Syracuse is one- 
eighth less. 

Oil is sold by the cantaro grosso, in Palermo. In Messina, by the 
caffiso of 12J rottoli, or 24 lb. English. 
































1029 


MONIES, WEIGHTS, &c.—SMYRNA. 

A millerole, at Marseilles, is 5^ caffisi, or 17 English wine gallons. 

Thus the caffiso answers to 3^ English wine gallons. 

SMYRNA, the principal place in the Levant, has a very large and 
commodious harbour. 

Of the Asiatic nations, the Armenians carry on the greatest trade 
with Smyrna: about 15,000 are established in this city, and the cara¬ 
vans from Persia are chiefly composed of them. These caravans arrive 
and depart at fixed periods, by which the Europeans regulate their ship¬ 
ping, in order that the Asiatics may carry with them the western mer¬ 
chandise, and the Europeans reload with that of Asia. Of the Euro¬ 
pean nations the English send the greatest number of ships to Smyrna, 
and enjoy the most esteem there. 

The imports from Europe are piastres, cloth, silken stuffs, paper, 
cochineal, argol, indigo, sugar, spices, dye-woods, &e. The exports 
are coffee, cotton, wool, camel’s and goat’s hair, currants, wax, soap, 
pearls, precious stones, opium, rhubarb, and other drugs. 

The French trade to Smyrna is chiefly carried on from Marseilles, 
and that of the Italians from Leghorn. 

Accounts are kept in piastres and aspers. The piastre (grouch or 
aslania) is variously divided. The English divide it into 80 aspers ; 
the Dutch, French, and Italians, into 100 mines ; and the Asiatics, into 
120 aspers. Spanish piastres are sold by weight, 17 are considered as 
weighing 150 drachms, or 100 Spanish piastres of full weight for 190 
piastres of Smyrna. 

The cantaro light weight, with which tin, cotton, wool, aniseed, 
buffalo hides, and Morocco are weighed, contains 44 okes, or 100 light 
rottoli. 

The heavy cantaro, for all other goods, is 45 okes, or 100 heavy 
rottoli, and weighs 127 lb. English, and the light rottolo = 124J lb. 

Although the kental or cantaro of Smyrna is composed of 45 okes, 
that of the surrounding country is only 44 okes. 

Coffee is sold per 100 okes, and opium per scekie, eight of which are 
five okes. 

The fortin of grain is four quillots, and is very nearly equal to the 
Winchester bushel. 

STOCKHOLM.—The few articles that Sweden produces are much 
sought after by other nations, viz. iron, steel, copper, tar, pitch, and 
timber. Iron, however, is the principal source of Swedish commerce, 
if we except the deals of Norway, (which latter country is now part of 
the kingdom of Sweden,) and which are from Christiana, the best in 
the world. The greatest export of iron is to England, where it is in 
much request. The produce of the mines is frequently contracted for 
beforehand. The imports of Sweden are chiefly salt and colonial pro¬ 
duce. Not every port in Sweden has the privilege of shipping goods 
in its own ships; those places that have this privilege are called staple- 
towns. The principal of them are Stockholm and Gothenburg. 

Stockholm, the capital, is built on several islands in the Molar Sea, 
near its junction with the Baltic. The harbour is commodious and 
safe, but the entrance is rather dangerous, on account of the many 
rocks and small islands. The vessels employed in the trade of Stock¬ 
holm are mostly Swedish, because all goods imported under other flags 
pay a heavy duty. The principal articles of export are iron, steel, 
pitch, tar, and timber. Of iron the annual export is about 400,000 
shippounds. 


1030 MONIES, WEIGHTS, &c.—STOCK HOLM. 

The imports are salt and colonial produce; refined sugars are pro¬ 
hibited, as is also hardware. As the import trade is not very consider¬ 
able, the ship-owners in Sweden generally send a cargo of iron, tar, 
pitch, &c. to England, and let the ship take there a charter to the 
Mediterranean, Spain, or America, which not unfrequently pays in one 
voyage for the loss of the vessel. 

Monies. 

Accounts are kept in rix dollars of 48 schillings, each schilling being 
divided into 12 pfennings. 


Pfenning. 

Schilling. 

Dollar. 

Rix Geld. 


12 

1 

576 

48 

1 

Dol. Specie or Banco. 

864 

72 


1 


Exchanges. 

The exchanges are on London 12 rix dollars, more or less, for one 
pound sterling. 

On Hamburgh 135 schillings specie for one dollar Hamburgh banco. 
On Amsterdam 128 schillings specie for one rix dollar; but they are 
all uncertain. 

On France 25 schillings for one franc. 


Victuali, or Commercial Weight. 


Pound. 



English. 

Swedish. 

Lispound. 


19 

20 

1 

Shippound. 

380 

400 

-20 

1 


100 lb. victuali weight — 93f lb. avoirdupois. 

100 lb. avoirdupois = 106.658 victuali weight. 

Iron Weight, 

Used for Iron , Steel, Lead , fyc. fyc. 

Is ^ths of the victuali weight. 
_ 


Mark. 

Mark Pound. 



20 

1 

Shippound. 


400 

20 

1 

Ton Eng. 

3000 

150 


1 


100 lb. iron weight = 75 lb. avoirdupois. 

100 lb. avoirdupois — 133.33 lb. iron weight. 








































MONIES, WEIGHTS, &c.—TRIESTE. 1031 


Corn Measure. 

4 viertels.make. 1 spann. 

2 spann. 1 ton. 

1 ton. 4£ Winch, bush. 

A last of rye from Riga. 18 tons. 

Ditto.Liebau. 19J — 

Ditto.Stettin. 22^ — 

Ditto.Stralsund . .. . 24 — 

N. B. The sacco, grain measure, equals Winchester bushels. 
The turma of 32 kappar contains 4^ Winchester bushels. 


Liquid Measure. 


Stoof. 

Kanne. 






2 

1 

Anker. 





30 

15 

1 

Eimer. 




60 

30 

2 

1 

Ahm. 



120 

60 

4 

2 

1 

Oxhoft. 


180 

90 

6 

3 

14 

1 

Pipe. 

360 

180 

12 

6 

3 

2 

1 


The pipe = 124£ English wine gallons. 

Hence 100 kanne = 69^ ditto ditto. 

TRIESTE, in one of the Austrian provinces on the Adriatic Sea, 
has a large and safe harbour, and a great trade, as most of the foreign 
produce for the consumption of the Austrian states is drawn from it, 
so that it necessarily becomes a great depot for the produce of the 
Levant. In return it supplies those countries with European merchan¬ 
dise. 

Monies. 

Accounts are kept in florins of 60 creutzers; also in lire of 20 soldi. 
The creutzer is divided into 4 pfennings, and the soldo into 12 denari. 

These monies of account are valued in three different ways, viz. in 
Austrian currency for exchanges; in Trieste currency for wholesale 
trade; and in Valuta di Piazza for retail business. 

One florin of Austrian currency r= 5 T 5 T lire of Trieste currency, or 
5 t 7 t lire di Piazzi. 

The imperial ducat and the Venetian sequin are reckoned at 4{ 
florins; but these monies are liable to variation in their values, accord¬ 
ing to the course of exchange of Vienna or Venice. The weights and 
measures of Trieste are the same as those of Vienna and Venice,— 
which see. 

Trieste exchanges with the principal places of Europe in florins and 
creutzers, and gives 

































1032 


MONIES, WEIGHTS, &c.—TUNIS. 


London.10 florins-for 1 pound sterling. 

Paris.23 creutzers. . for 1 franc. 

Hamburgh.43 creutzers. . for 1 mark banco. 

Amsterdam.49 creutzers. . for 1 florin. 


TUNIS.—The commerce carried on at present between the Chris¬ 
tian states on the northern shores of the Mediterranean, and the country 
of Tunis is very extensive, and the exports are chiefly the produce of 
the country, which may be always shipped by getting a tiskery, or per¬ 
mit, from the Bey, for those articles that pay a duty. Tunis is the most 
considerable state in Barbary for commerce. The principal articles of 
export are wheat, barley, beans, olive-oil, hides, skins of wild beasts, 
wool, wax, honey, madder-roots, ivory, gold-dust, scarlet caps, Jerbi 
shawls, senna, soap, sponge, cotton, ostrich-feathers, orchilla-weed, and 
live cattle; but the trade with Tunis has not been cultivated in propor¬ 
tion to the advantages of which it is susceptible. 

Accounts are kept in Tunis in piastres of 16 carobas, 52 aspers, or 
104 bourbes. The only piece of gold coined here is the mahbub, or 
sultanin, divided into 4^ piastres. The piastre is valued at 13d. ster- 
ling. 

Exchanges. 

Genoa, one piastre for 37 soldi. 

Leghorn, 300 piastres for 100 pezze. 

Marseilles, one piastre for 30 sous in silver. 

» 

Weights. 

The cantaro of 100 rottoli weighs 111 lb. avoirdupois. 

The principal port for shipping corn from the country of Tunis, is 
Biserta, about 50 miles west from Tunis; but no corn can be shipped 
without first obtaining a tiskery from the Bey, for which must be paid 
as follows: 

For wheat, 22^- piastres per caffiso. 
barley, 11-| . . do.do. 

The caffiso of corn is divided into 16 whibas, and equals 15 
English bushels. 

100 caffisi are 187^ Winchester quarters. 

The price of corn is extremely fluctuating; it is generally cheapest 
at the end of harvest, in August and September. 

Wheat fluctuates from 30 to 70 piastres per caffiso. Barley fluc¬ 
tuates from 12 to 35 piastres per caffiso. 9 

There is always a great demand for grain, to export to Minorca, Ma¬ 
jorca, the coast of Spain, the south of France, the greatest part of 
Italy, and Malta. 

Olive-oil is chiefly shipped from Tunis, Soliman, and Susa, but the 
last is by far the best place to load at, especially in point of expedition. 
Before any shipment takes place, a tiskery must be obtained from the 
Bey, paying two and a half piastres per metal, Tunis measure, which 
will weigh about 40 lb. English. 

Forty-four and a quarter metals of oil, Tunis measure, will make 
one ton English of 236 gallons, weighing net fifteen cwt. three quar¬ 
ters, six pounds. 

Ten metals of oil at Susa will make twelve Tunis metals. 

Ten metals of oil at Soliman will make fourteen Tunis metals. 





1033 


MONIES, WEIGHTS, Ac.—'TUNIS. 

The French, from Marseilles, take large quantities of oil. Some of 
the Tunis oil finds its way to England, under the name of Gallipoli; 
especially for the use of the clothiers, it being a stronger bodied oil than 
the Italian. 

The Susa oil is higher in estimation than theSoliman; and the 
latter is reckoned better than the Tunis oil.. 

Long Measure , 100 pics for woollens = 73J English yards. 

silk. .. . = 79 
linen,. . = 51§-. 

Sponge is gathered on the seashore, near Sphax and Jerbi. It is in¬ 
ferior to that found on the shores of the Black Sea, which is generally 
used in England, yet it will always meet with a ready sale, especially 
in Malta, Sicily, Italy, and Spain. 

Soap is made in the kingdom of Tunis, and is exported in great 
quantities; it is usually shipped from the ports of Tunis and Susa. It 
is generally much cheaper and of a better quality at Susa. 

Immense quantities of wool are annually exported from Tunis. The 
quality entirely depends upon the part of the country that produces it: 
at Tunis, and in the western part of the country, the quality of the 
wool is but very indifferent; at Susa it is much better ; at Jerbi, Sphax, 
and the eastern part it is very fine, being nearly equal to the Spanish 
wool; but having a much longer staple, it is better adapted for the 
manufacture of shawls. 

Ivory and gold-dust are articles of export from Tunis, but not the 
produce of the country. They are brought by the caravans from the 
interior of Africa; the trade carried on by these caravans being chiefly 
in slaves, ivory, and gold-dust. The traders from the interior generally 
arrive at Tunis in the month of June, and disposing of their merchan¬ 
dise, make purchases of goods to take back with them. The goods 
they take in return consist chiefly in long ells, coarse woollens, fire-arms, 
gunpowder, watches, and hardware. The caravans again set out from 
Tunis in October, for Tombuctoo and the coast of Guinea. 

Ostrich-feathers are sold by weight, and divided into classes, accord¬ 
ing to the quality. The Moors use many artifices to increase the 
weight. 

The imports into the kingdom of Tunis form no inconsiderable part 
of the commerce of the Mediterranean. They are chiefly 

From Syria —India muslins, by the caravans, via Bassora, cottons, 
carpetings, silks, raw and manufactured, opium, copper, and tobacco. 

From the Morca —Dried fruits and figs, to make brandy. 

From Tripoli —Madder roots and senna. 

From Trieste —Glass-ware of various kinds; wood, in beams and 
planks; iron, fine linens, and woollens, chiefly low priced. 

From Spain —Wine, brandy, wool, naval stores of all kinds. 

From France —Hardwares of all sorts, watches, trinkets, fine linens, 
woollen cloth of all kinds, sugars, and coffee. 

From Leghorn —Swedish iron, narrow and flat bars; tin, in bars and 
sheets ; lead, in pigs and shots ; quicksilver, aquafortis, spices of all 
sorts, black and red stick lack, gum benjamin, alum, copperas, sugars 
of all sorts, coffee, cloth of various kinds, cochineal, logwood, nails, 
white and black ginger, fine linens, and sheet iron. 

The Tunisians have seldom any direct trade with England , but re¬ 
ceive most of the British manufactures, &c. via Leghorn , but neverthe-, 
less they consume a considerable quantity of English manufactures, 
particularly coarse woollens ; great quantities of long ells, made in the 


1034 MONIES, WEIGHTS, &c.—TUNIS. 

neighbourhood of Exeter, being sent out for this particular market. 
The bales for the Tunis market should be assorted as under: 

Long Ells. 

10 pieces light blues. 

9 ditto Turkey blues. 

9 ditto mazarine blues. 

9 ditto red. 

10 ditto coffee-coloured. 

2 ditto yellow. 

1 ditto green. 

50 pieces in each bale. 

Arch Imperials. 

30 pieces blue. 

15 ditto red. 

5 ditto sorted colours (no green.) 

50 pieces in each bale. 

4 

Scarlet long ells should always be sent in separate bales; two or 
three bales of scarlet are sufficient at one time, and for the other 
bales, assorted as stated. There is always a demand at Tunis for any 
quantity, as the caravans take immense quantities into the interior of 
Africa. 

The fine cloth which the Tunisians chiefly use, has been generally 
of French manufacture; only because they esteem the colour, rather 
than the quality, of the cloth ; bales should be assorted as under : 

1 piece scarlet. 

1 ditto crimson. 

1 ditto light wine. 

1 ditto deep wine. 

2 ditto deroy. 

1 ditto purple. 

2 ditto mazarine blue. 

2 ditto light blue. 

1 ditto green. 

12 pieces in each bale. 

The pieces should be from 18 to 20 yards each, seven-fourths wide ; 
the cloth should not be shorn bare, but have a tolerable dress upon it. 

The best season for a ship to go to Tunis with a cargo of merchan¬ 
dise, is in the months of September and October, particularly for 
woollens ; the weather then becomes rather temperate, and the Moors 
never think of purchasing an article for their own wear till the moment 
it is wanted, though they often pay double for it. 

Spices of all sorts are always paid for in ready cash ; lead, and all 
sorts of naval and military stores, pay no duty whatever; all other 
articles imported in British ships are by treaty to pay three per cent, 
ad valorem, but the tariff does not amount to more than two per 
cent. hit ilmsiJ 


MONIES, WEIGHTS, &c.—TURIN. 1035 

The French pay the same tariff as the English ; most other nations 
pay ten per cent, ad valorem; and the Jewish merchants, who enjoy 
the whole of the trade between Tunis and Leghorn, pay ten per cent, 
tariff upon all their imports. 

The English have, therefore, a considerable advantage, and are 
enabled to undersell most nations, particularly in goods direct from 
England. 

TURIN, the capital of Piedmont, is situated at the junction of the 
Po and the great Doire. Its trade is extensive, particularly in silk; 
which, on account of its fineness and lightness, is considered the best in 
Europe. Wool, wines, and embroideries are also to be had, as well as 
most sorts of silken stuffs, stockings, handkerchiefs, &c. 

Accounts are kept in lire of 20 soldi, the soldo of 12 denari of Pied¬ 
mont; a scudo is six lire. The lira may be valued at lljd. sterling. 

The imports are much the same as in the other Italian states. See 
article Leghorn. 

Exchanges. 

On Amsterdam, 36 soldi for one florin Dutch. 

On London, 414 soldi for one pound sterling. 

On Paris, 50 soldi for three francs. 

Weights. 

100 libbra of Turin... . = 81 lb. 5 oz. avoirdupois; and therefore 

100 lb. avoirdupois_= 122.979 libbra of Turin. 

The rubbo is 25 libbra. 


Wine Measure. 


Boccali. 

Pinte. 





2 

1 

Rubbi. 




12 

6 

1 

B rente. 



72 

36 

6 

1 

Carro. 

Eng. Winchester Gall. 

720 

360 

60 

10 

1 

149 


Oil is sold by the rubbo. 


VENICE was once the first commercial city in the world, but, under 
Austrian control, is sunk to comparative insignificance. Its principal 
commerce is now more particularly with the Levant, the produce of 
which is transmitted from hence to other countries, and the Levant sup¬ 
plied with groceries, Dutch and German linens, dried and salted fish, 
&c. The manufactories of Venice afford large quantities of wrought 
silk for foreign commerce; also velvets and embroideries. The 
Venetian turpentine and mirrors are celebrated all over Europe. The 
bank of Venice is the oldest in the world, being instituted in 1587 ; all 
bills made payable in Venice, in banco, used to be paid through the 
bank; but since the French carried away the funds or capital of the 
bank this has ceased. 



















?soi .AWiar/~ mioiaw ^amoM 

1036 MONIES, WEIGHTS, &c.—VENICE. 

Accounts are kept in ducati of 24 grossi, the grosso of 12 grossetti 
(or denari) ducati, or in lire of 20 soldi (or marchetti) the soldo of 12 
denari piccoli. 

The lbllowing Table shows the proportion of these monies, as formerly 
reckoned and still partially retained. 


Denari de lira. 

Grossetti. 





K 

1 

Soldi or Marchetti. 




12 

210 
*3 l 

1 

Grossi. 



62 

12 

5 i 
°t<t 

1 

Lire. 


240 

46-H 

20 

Q‘2 0 

1 

Ducato. 

14SS 

288 

124 

24 

f 


1 


These monies are either currency or banco ; the latter is only used in 
exchanges. The proportion is as follows : 

One ducato banco or corrente is six and one-fifth lire banco or cor- 
rente. 

31 ducati or lire banco are 48 ducati or lire correnti or piccoli. 

The ducato banco is nine and three-fifths lire correnti piccoli; a 
zechina is 22 lire correnti. 

The new method of keeping accounts here is in lire Italiane, each 
100 centesimi, according to the French system. This lira is of the 
same value as the French franc. 


Exchanges. 

On London. 27 lire.for 1 £ sterling. 

On Amsterdam.224 centimes .. for 1 florin. 

On Hamburgh.196 centimes .. for 1 mark banco. 

On Leghorn.533 centimes. . for 1 pezza. 

On Paris.105 centimes. . for 1 franc. 

On Naples.433 centimes .. for 1 ducato di regno. 


Weights. 

At Venice, as in most other parts of Italy, there is a great diversity of 
weights. Those chiefly used in trade are— 

1. The heavy weight, or peso grosso, of 12 heavy ounces to the 
pound. 

2. The light weight, or peso sottile, of 12 light ounces to the pound. 

12 pounds heavy weight are equal to 19 pounds light weight. 

One carrica is four quintals, or 400 lb. light weight, or 252-^tj lb. 
heavy weight. 

100 lb. heavy weight. . sr 1051b. 3 oz. English. 

100 lb. light weight.. . = 66 lb. 7 oz. English ; and therefore 

100 lb. avoirdupois .. . = 95.069 libbra peso grosso; or, 150.537 
libbra peso sottile. 

The French kilogramme is used here under the name of the new 
Italian pound. It answers to 2,2051b. or 2 lb. 3 oz. 4J dr. avoir¬ 
dupois. 
























MONIES, WEIGHTS, &c.—VIENNA. 1037 

Dry Measure. 

100 staja of grain are equal to 28^ English Winchester quarters. 
Flour is sold perstajo of 33 pounds peso grosso. 


Wine Measure. 


Secchj. 

Quartari. 



V M DUB DSnOtfD* 

4 

1 

Bigoncie. 


t 4acf haasC 

16 

4 

1 

Amphora. 

English Gallons. 

64 

16 

4 

1 

137 


A bigoncia of brandy is, however, only 14 secchj ; the bigoncia of 
wine'weighs 64 pounds peso grosso, and the bigoncia of brandy 56 
pounds. Oil is sold per migliajo of 40 miri: this is both a weight and 
a measure; it weighs 1000 lb. peso grosso, and contains about 180 
English gallons. 

100 braccia or ells for woollens are 74 English yards. 

100 braccia for silk are 69 English yards. 


VIENNA is the centre of the commerce of all the Austrian domi¬ 
nions, as payments in Trieste and other places are generally made by 
bills on Vienna : a great deal of exchange business is also done here for 
those places, and most of the merchants in the interior have a banker 
at Vienna. The most important part of the trade of Vienna is that 
carried on with Turkey, to which country are exported glass ware, 
cloth, hardware, and Spanish piastres; the imports are cotton, coffee, 
goats’ hair, fruits, wines of Greece, and leather. 

Among the numerous associations and commercial societies, the two 
principal are the Egyptian Company, and the Bohemian Linen Com¬ 
pany, of which the former has an establishment at Smyrna, and exports 
various Austrian manufactures, and imports raw cotton, silk, coffee, 
&c. The latter sometimes make shipments by way of Cadiz to South 
America. 

Accounts are kept in guldens or florins, each of 60 creutzers, the 
creutzer being divided into 4 pfennings. 

1J florin, or 90 creutzers.= 1 rix dollar of account. 

2 florins, or 120 creutzers.= 1 rix dollar specie. 


Monies. 


Pfenning. 

Kreutzer. 




4 

1 

Rix florin. 



240 

60 

1 

Rix dollar banco. 


360 

90 

ii 

1 

Rix dollar specie. 

480 

120 

2 


1 
































1038 


MONIES, WEIGHTS, &c.—VIENNA. 


Exchanges. 

On London, 10 florins for one pound sterling. 

On Amsterdam, 140 dollars currency for 100 dollars Dutch. 

On Hamburgh, 148 dollars currency for 100 dollars Hamb. banco. 
On Leghorn, 1 florin for 58 soldi moneta buona. 

On Cadiz, 200 florins for 100 ducats of exchange. 

On Constantinople, 112 florins for 100 piastres. 

On Paris, 119 florins for 100 ecus of three francs. 


Liquid Measure. 


Seidels. 

Koepfen. 






H 

1 

Mass or Achtrings. 





H 

if 

1 

Viertels. 



. 

42 

174 

10 

1 

Eimers 



168 

70 

40 

4 

1 

F uder. 

Eng. galls. 

5376 

2240 

1280 

128 

32 

1 

478 


The Dreyling wine measure = 30 eimers = 448 English gallons. 
Hence the eimer.= 14^ English gallons. 


Weights. 


Pounds. 

Stone. 



20 

1 

Centner. 


100 

5 

1 

Karch. 

400 

30 

4 

1 


A saum is 275 lb. but a saum of steel is only 250 lb. 

The centner of 1001b. . . = 123^ lb. avoirdupois; and therefore 
100 1b avoirdupois.=r 80.9721b. of Vienna. 


Achtel. 


Dry Measure. 

For Grain , Seed, Flour, Fruit, 8fc. 


Viertel. 


Metzen. 


Muth. 


Winchester Quarters. 


240 


120 


30 














































MISCELLANEOUS 


1039 


A TABLE exhibiting the TONNAGE of OLD STAVES, of 
Ledgers, Butts, Puncheons, Hogsheads, Barrels, and Half- 
Hogsheads. 


Leager 

Staves. 

Cft 

o> 

= ^ 

PQ GO 

Puncheons 

Staves. 1 

Hhd. 

Staves. 1 

Barrel 

Staves. 

Half-hhd. 

Staves. 


Tons. 

Hhds. 

CO 

% 

= 

=s 

Ph 

5 

7 

8 

10 

13 

17 

equal to 


2 


7 

9 

11 

13 

17 

23 

= 



i 

10 

13 

16 

20 

25 

34 

= 


1 


12 

16 

19 

23 | 30 | 40 

= 


2 

i 

14 

18 

22 

27 | 34 | 46 

= 



1 

15 

20 

24 

30 j 38 j 51 

= 


li 


i 17 

22 

27 

33 | 42 | 57 

= 


1 

i 

l 19 

24 

30 

37 | 47 j 63 

— 


JL 

2 


i 20 

26 

32 

40 | 50 | 68 

= 


2 


22 

29 

35 

43 j 55 | 74 

i = 


li 

2 

24 

30 

38 

47 j 59 80 

= 

.. | 1 

1 

25 

33 

40 

50 | 63 | 85 

= 

• • 1 2 i 


27 

34 

43 

53 | 67 j 91 

= 

.. | 2 

1 

2 

29 

37 

46 

57 | 72 | 97 

= 

* - I 

1 

30 

39 | 48 

60 | 75 j 102 

= 1 - - 1 3 


32 

41 | 51 

63 | 79 j 108 

— •* 1 ^2 1 2 

34 

43 j 55 

67 | 84 | 114 

= 1 ■■ i 2 | 1 

35 

45 | 57 

70 88 | 119 

= 1 • • 1 3 i 1 

37 

48 | 60 

73 j 92 125 

= i.. i* i i 

39 

50 ! 63 

77 | 97 ] 131 

= 1 •• 1 I 1 

40 | 52 | 66 

80 | 102 | 136 

= 1 11 1 

80 j 104 j 132 

160 j 204 j 272 

= 1 2| I 

120 

160 

156 | 198 

240 j 306 | 408 

= 1 *1 1 

208 j 264 

320 | 408 | 544 

= Ml 1 

200 | 260 | 330 

400 | 510 | 680 

= 1 5| | 


240 


312 


396 | 480 


612 


816 


280 

364 

| 426 

| 560 

l 

714 


952 | = | 

7 1 1 

320 

j 410 

j 528 

| 640 

I 

816 


1088 | = | 

8! 

1 1 

39 (T 

■J468 

”| 594 

| 720 

l 

918 


1224 | = j 

9 1 

1 1 

400 

j 520 

660 

500 


1020 


1360 = | 

10 











































































1040 


MISCELLANEOUS. 


CORDAGE TABLES; showing how many Fathoms, Feet, and. 
Inches, of a Rope of any Size, not exceeding Fourteen Inches, make 
a Hundred Weight; with the Use of the Table. 


Inches. 

Fath. 

L . 

*-2 

<L> 

M 

Inches. 

Inches. 

Fath. 

| Feet. 

Inches. 

Inches. 

Fath. 

Feet. 

I 

Inches. 

Inches. 

Fath. 

Feet. 

Inches. 

1 

486 

0 

0 

41 

26 

5 

3 

n 

8 

4 

0 

10 | 

4 

1 

8 

li 

313 

3 

0 

4 i 

24 

0 

0 

n 

8 

3 

6 

11 

4 

0 

3 

i£ 

216 

3 

0 

4f 

21 

3 

0 

8 

7 

3 

6 

111 

3 

5 

7 

if 

159 

3 

0 

5 

19 

3 

0 


7 

0 

8 

ni 

3 

4 

1 

2 

124 

3 

0 

H 

17 

4 

0 

8 J 

6 

4 

3 

Ilf 

3 

3 

3 

24 

96 

2 

0 

5£ 

16 

1 

0 

8 f 

6 

2 

1 

12 

3 

2 

3 

4 

77 

3 

0 

5| 

14 

4 

6 

9 

6 

0 

0 

12 ^ 

3 

2 

1 

2 i 

65 

4 

0 

6 

13 

3 

0 

H 

5 

4 

0 

12*2 

3 

2 

0 

3 

54 

0 

0 


12 

2 

0 

n 

5 

2 

0 

12 j 

2 

7 

8 

3J 

45 

5 

2 


11 

3 

0 

n 

5 

0 

6 

13 

2 

5 

3 

H 

39 

3 

0 

6 f 

10 

4 

0 

10 

4 

5 

0 

13 j 

2 

4 

9 

3f 

34 

3 

9 

7 

9 

5 

6 


4 

4 

i 

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4 

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4 

30 

1 

6 

n 

9 

1 

6 

101 

4 

2 

2 

13f 

2 

3 

6 











V 


14 

2 

2 

1 


At the top of the table, marked inches, fathoms, feet, inches, the 
first column is the thickness of a rope in inches and quarters; the 
other three, the fathoms, feet, and inches, that make up a hundred 
weight of such a rope. One example will make it plain : 

Suppose it is required how much of a 7-inch rope will make a hun¬ 
dred weight ? Find 7, in the first column, under inches, or thickness 
of the rope, and, against it, in the other columns, you will find 9 5 6 ; 
which shows that, in a rope of seven inches, there will be 9 fathoms, 
5 feet, 6 inches, required to make one hundred weight. 


The Weight of any CABLE or ROPE, of 120 Fathoms in 
Length, and for every half-inch, from 3 Inches to 24 in Cir¬ 
cumference. 


Inches. 

Cwt. 

Qrs. 

Inches. 

Cwt. 

Qrs. 

Inches. 

3 

2 1 

?i 

14 0 

12 

3i 

3 0 

8 

16 0 

124 

4 

4 0 

8 i 

18 0 

13 

4i 

5 0 

9 

20 1 

134 

5 

6 1 

£>i 

22 2 

14 


7 2 

10 

25 0 

144 

6 

9 0 

10 J 

27 2 

15 

64 

10 2 

11 

30 1 

154 

7 

12 1 

ni i 

33 0 

16 


i i 

o <y 

Inches. 

Cwt. 

Qrs. 

Inches. 

Cwt. 

Qrs. 

36 0 

16i 

68 0 

21 

110 1 , 

39 0 

17 

72 1 

21 i 

115 2 

42 1 

. 17J 

76 2 

22 

121 0 

45 2 

j 18 

81 0 

224 

126 2 

49 C 

18i 

85 2 

23 

132 1 

52 2 

19 

90 1 

234 

138 0 

56 1 

19i 

95 0 

24 

144 0 

60 0 

20 

100 0 



64 0 

20 J 

105 0 



























































MISCELLANEOUS. 1041 

The Use of the Table. —The first column, marked for inches, is the 
thickness or circumference of the cable to every J inch, from 3 to 24. 
The second, marked cwt. qrs. for hundred weights and quarters that 
it will weigh, if 120 fathoms long. 

As, for instance, suppose it be a cable of 14 inches and a^; look 
against 14^, and you will find in the other column 52 cwt. 2 qrs. which 
shows that 120 fathoms of 14^ inch cable will weigh 52 cwt. 2 qrs.; 
and so in others. And any quantity of less length will weigh in 
proportion. 


Cables, of what thickness soever, are generally formed of three 
ropes twisted together, which are then called strands; each of these 
is composed of three smaller strands, and those last of a certain num¬ 
ber of rope-yarns : this number is therefore greater or smaller in pro 
portion to the size of the cable required. 

All cables ought to be 120 fathoms in length ; for which purpose, 
the threads or yarns must be 180 fathoms, inasmuch as they are dimi¬ 
nished one-third in length by twisting. 

The number of threads also of which each cable is composed being 
always proportioned to its length and thickness, the weight and value 
of it are determined by this number.—Thus a cable of 10 inches in 
circumference ought to consist of 485 threads, and weigh 1940 lbs. 
and on this foundation is calculated the following table. 


A TABLE of the NUMBER of THREADS and WEIGHT 
of CABLES of different Circumferences . 


Inches in Circumf. 

9 


No. of Threads. 

_ 393 . 

Weight in lbs. 
. 1527 

10 


_ 485 . 

. 1940 

11 


_ 598 . 

. 2392 

12 . 


_ 699 . 

. 2796 

13 


_ 821 . 

. 3284 

14 . 


_ 952 . 

. 3808 

15 


_ 1093 . 

. 4372 

16 


_ 1244 . 

. 4976 

17 


.... 1404 . 

. 5616 

18 


. .. 1574 . 

. 6296 

19 


.... 1754 . 

. 7016 

20 . 






























104:2 


MISCELLANEOUS. 


TABLE showing the Comparative strength of COMMON and 
PATENT CORDAGE. 


' 

CABLES. 

SHROUD-LAID 

ROPES. 

Common manufacture. 

Patent cables of similar 
strength. 

Size of cables recommended. 

Weight of 120 fathoms, 
common cables. 

Weight of 120 fathoms of 

patent cable of the size 
recommended. 

Saving in weight. 

i 

Common manufacture. 

Equal strength of patent 

rope. 

Size recommended of patent 

rope. 

GIRT. 


- 


GIRT. 




Cwt. 

Cwt. 

Cwt. 




Inches. 

Inches. 

Inches. 




Inches. 

Inches. 

Inches. 

7 

5 

64 

121 

10 

21 

34 

2-h- 

H 

8 

6% 

n 

16 

13 

3 

4 

31 

H 

9 

7 i 


201 

17 

31 

44 

3| 

4 

10 

8* 

9 

25 

201 

4| 

5 

4 

4i 

11 

8|- 

n 

301 

23| 


54 

41 

^2 

4| 

12 

9^ 

101 

36 

27J 

H 

6 

4* 


13 


Hi 

421 

33 

9 i 

64 

51 

53 

14 

11 

121 

49 

371 

Hi 

7 

54 

6 

15 

1H 

13 

561 

421 

14 

74 

51- 

6i 

16 

121 

14 

64 

49 

15 

8 

61 

63 

17 


14J 

721 

541 

17f 

8 i 

64 

7 

18 

131 

151 

81 

62 

19 

9 

6i 

n 

19 

14 

16J 

901 

68 

221 

94 

7 

73 

| 20 

14 £ 

Hi 

100 

761 

231 

10 

71 

8 


The preceding 1 table is deduced from experiments made by the 
breaking of ropes of various sizes, with one of their ends attached to 
a frame suspended to a strong iron beam, moving on steel pivots; 
to the other end of which beam weights were progressively suspended 
until the ropes broke. By these means the patent shroud-laid ropes, 
made of Petersburgh clean hemp , were found almost uniformly to 
break with a stress fluctuating between 6f and 7^ cwt. per inch of 
their girt, in inches squared; thus a patent rope of 5 inches girt 
would, on an average, require 175 cwt. to break it. Common made 
ropes of the same hemp, and of 25 threads in each strand, broke with 
5 cwt. per inch, and kept a progressive decrease, so as with about 
130 threads to fall off to 4 cwt. per inch. The threads were of the 
common size; and the latter rope rather exceeded 8 inches girt. 
When strands were broken separately, the disparity between those of 
the common and the improved methods was much greater than in the 
ropes themselves. These experiments being made in the mannei 
before stated, no deduction from the strength given has to be made fot 
friction , which otherwise would have been requisite. 








































MISCELLANEOUS. 


1043 


The duration of patent ropes in drawing coals, &c. from mines, or 
for other purposes where they are subject to be worn, is still greater 
than their superiority of strength over common rope; because, when 
the outside shell or coat of yarns of the latter is much worn, the 
whole of it gives way; the rope then lengthens suitably to the next 
coat, loses its form, and becomes unfit for use. 

Whale lines are generally of 2^ inches girt and 28 threads to the 
strand, and made from finely dressed hemp of the best quality; these 
lines have been found to break under resistances of between 25 and 
32 cwt., equal to between 5 and 6 cwt. per inch rope ; whilst lines 
made from the same yarns, patent laid, and only 2 inches girt, have 
carried considerably above two tons; so that the latter are much 
stronger and lighter, and of course worthy of general preference. 


The WEIGHT of each PIECE or BOLT of BRITISH SAIL 
CLOTH, as required by Law; the Length being 38 Yards and 


Breadth 24 Inches. 

Double Threads. 


No. 1 to weigh. 44lb. 

2 —v.. 41 

3 . . 38 

4 .. 35 

5 . . 32 

6 . . 29 


Single Threads. 


No. 7 to weigh . 241b. 

8 .. 21 

9 .. . 18 

10 . . 15 


PROPORTIONS of one SPECIES of PROVISIONS to another, 
as allowed by Government. 


1 lb. of bread.equal to 1 lb. of flour. 

1 lb. of sun-ar, or 1 lb. of butter = 2 lb. of cheese, or 2 lb. of rice. 

_ f 1 lb. of cheese, or ^ lb. of sugar, 

1 lb. or a pint of rice. — \ or J lb. of butter. 

1 gallon of oatmeal. = 2 lb. of butter, or 4 lb. of rice. 

2 lb. of pork . = 3 lb. of beef. 

And vice versd. The above are the only useful and proper substitutes. 
1 quart of calavances. = 1 qrt. of peas, or 3 pints oatmeal. 


Where turtle is issued, the proportion is 21b. of turtle to lib. of beef. 


In case of issuing stock fish, 

4 lb. are computed equal to 1 gallon of oatmeal. 


2 lb. yams 

1 lb. wheat . 

1 gallon of wheat.. 

1 quarter of wheat 
1 qr. of malt with 10 lb. hops 

Cocoa in the West Indies, when issued for butter, pound for pound. 
When there appears, on passing a transport’s account, any debt m 
this article, the Victualling Board have generally charged 3s. per lb. 

3x2 


1 lb. bread, 
do. 

1 gallon oatmeal. 
336 lb. bread. 

1 ton of beer. 

































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OF THE ADMIRALTY. 


104b 


CHAPTER IV. 


OF THE ADMIRALTY. 


By the Admiralty is understood the Office and Jurisdiction of the Lord 
High Admiral of Great Britain, or of the Lords Commissioners for 
executing that office. 

The first title of Admiral of England was granted by a patent of 
Richard II. to Richard Fitz-Allen, Earl of Arundel and Surrey; for 
those who before enjoyed this office were simply termed Admirals, 
though their jurisdiction seems to have been as large; especially in 
the reign of Edward III., when the Court of Admiralty was firsterected. 

The Lord High Admiral has the management of all maritime affairs 
in, and the government of the Royal Navy, in its various departments; 
with power of decision in maritime cases, both civil and criminal. He 
judges of all things done, in British shipping, upon or beyond the sea, 
in every patt of the world; upon the sea-coasts, &c. By him the Flag- 
Officers, Captains, and Lieutenants of the Navy, are commissioned ; all 
Deputies for particular coasts ; and Coroners to view dead bodies found 
on the sea-coasts, or at sea, are appointed. He also appoints the Judges 
for his Court of Admiralty, and may imprison, release, &c. 

But in Ports and Havens, being within the body of a County, the 
Admiral has no jurisdiction, excepting that, between high and low 
water-mark, the common law and the high Admiral have jurisdiction by 
turns, one upon the water, and the other upon the land, according to 
the tide. 

By a statute of Richard II. the Admiralty hath cognizance of the 
death or hiaiming a man committed in any ship riding in great rivers, 
below the bridges thereof, near the sea. 

But if a man be killed on any arm of the sea where the land is seen 
on both sides, the Coroner is, by common law, to inquire of it, and not 
the Admiral; for where the county may inquire, the lord admiral has no 
jurisdiction. 

The Lord High Admiral has power, not only over the seamen serving 
in his Majesty’s ships of war, but over all other seamen, to arrest or 
impress them for the service of the state; and if any of them run away 
without leave, he hath power to make a record thereof, and certify the 
same to the Sheriffs and other Magistrates, who may cause them to be 
taken and imprisoned. The Admiral has also power to arrest ships for 
the service of the state. 

To the Lord High Admiral formerly belonged all penalties for trans¬ 
gressions at sea, on the sea-shore, in ports and havens, and all rivers 
below the first bridge from the sea; the goods of pirates and felons 
condemned or enslaved, sea-wrecks, goods floating on the sea, or cast 



1046 


OF THE ADMIRALTY. 


on shore, (not granted to Lords of Manors adjoining to the sea,) and a 
share of lawful prizes; also all great fishes, commonly called royal fishes, 
except whales and sturgeons.* 

By the act 2 William and Mary, c. 2. “ All the authority, power, and 
jurisdiction, lawfully vested in the Lord High Admiral, shall be had, en¬ 
joyed, exercised, and executed, by the Commissioners for executing that 
office, to all intents and purposes, as if the said Commissioners were 
lord high admiral of England.” 

A Vice-Admiral is an officer appointed by the Lords Commissioners 
of the Admiralty. Several of these officers are established in different 
parts of the British empire, with Judges and Marshals under them, for 
executing jurisdiction within their respective limits. Their decrees, 
however, are not final; an appeal lying to the High Court of Admiralty 
in London, or to the King in Council. 

The Judge of the Admiralty presides in court as the deputy of the 
Lord High Admiral. 

The Court of Admiralty is a sovereign court held by the Lord High 
Admiral, or Lords of the Admiralty, in whose official name or names suits 
are prosecuted. Here cognizance is taken in various maritime affairs, 
civil and criminal. The Admiralty has jurisdiction where the common 
law can give no remedy; and has cognizance of all causes arising 
wholly upon the sea. All crimes committed on the high seas, &c. are 
cognizable in this court only, before which they must be tried by judge 
and jury. But, in civil cases, the mode is different, the decisions being 
all made according to the civil law .t From the sentences of the judge 
an appeal lies, in ordinary course, to the King, in Chancery, to be deter¬ 
mined by the delegates or persons named in the King’s commission, 
whose sentence shall be final. Appeals from the Vice-admiralty courts 
in America and elsewhere may be brought before the Court of Admi¬ 
ralty in England, or before the King in Council; but, in case of Prize 
vessels taken in time of war, in any part of the world, and condemned 
in any Courts of Admiralty or Vice-admiralty as lawful prize, the appeal 
lies to certain commissioners of appeals, consisting chiefly of the Privy 
Council, and not to the judges delegates ; and this by virtue of Treaties 
with Foreign Nations, by which particular courts are established for the 
decision of this question, Whether lawful prize, or not? For this 
being a question between subjects of different states, it belongs entirely 
to the law of nations, and not to the municipal laws of either country to 
determine. 


* But the perquisites are now, on every new commission being made out, resigned 
by some deed or writing to the crown. Hence, as the admiralty has jurisdiction, 
where a ship founders or is split at sea, over the goods that become Jlotiham, jettison, 
or jetsham, and lagan, and is to determine what are so, the King may claim such goods 
when a ship perishes and the owners are unknown. 

Flotskam goods are those floating upon the sea after a ship perishes; jettison or 
jetsham, those thrown overboard to lighten a ship; and lagan means those heavy 
enough to sink when thrown overboard, but which have a buoy attached to them that 
they may be found again. 

Captures made prior to a declaration of hostilities, a practice too common in modern 
warfare, are termed droits of admiralty , and are not given as lawful prize to the captors, 
but are, in fact, claimed and applied as droits {rights') of the King ; yet a proportion, 
determined by order in council, is generally allowed, according to circumstances. 

-{- The common law is the established law of one particular country; but the civti 
law, which may be considered as the law of nations in general, is that code which has 
been compiled from the best laws of Rome and Greece, and which were observed 
throughout the Roman dominions for about 1200 years. 

The Admiralty is said to be no court of record, by reason of its proceeding according 
to the civil law. 






OF THE ADMIRALTY. 1047 

Every Court of Admiralty in Europe is governed by the civil law; and 
sentences of any Admiralty in another kingdom are to be credited here, 
that ours may be credited there ; but if any person be aggrieved by any 
sentence, or interlocutory decree, that has the force of a definitive sen¬ 
tence, he may petition the King, who may cause the complaint to be 
examined, and if he finds just cause, may send to his Ambassador, where 
the sentence was given, to demand redress; and upon failure thereof, 
will grant Letters of Marque and Reprisal: Raym. 473. 

By act of the 39 Geo. III. all offences committed upon the high seas, 
out of the body of any county, are declared to be offences of the same 
nature respectively, as if they had been committed upon shore. Hence 
all offences committed on the high seas are now heard and determined 
before a jury, as at common law. 

And, by the 45 Geo. III. c. 72. a session of Oyer and Terminer, and 
gaol delivery, for the trial of offences committed on the high seas, within 
the jurisdiction of the Admiralty of England, shall be held twice , at the 
least, in every year at the Justice-hall, in the Old Bailey, London, (ex¬ 
cept during the sessions for London and Middlesex,) or at such other 
place as the Admiralty, by an order in writing, shall appoint. 

Offences committed out of the realm may be alleged to be committed 
in any county in England, in the same manner, to all intents, as if actually 
done or committed within the body of such county. 45 Geo. III. c. 72. 
See also 46 Geo. III. c. 54. by which all offences committed on the seas 
may be tried in any of his Majesty’s islands, by virtue of the king’s 
commission, and the same power is extended by 5 Geo. IV. c. 113. to 
offences committed in Africa against the laws for abolishing the Slave 
Trade. See also as to some offences, 58 Geo. III. c. 38. 

The Admiralty has jurisdiction in cases of Freight, Mariners’ Wages, 
and breach of Charter-party, (if the penalty be not demanded,) although 
made within the realm ; and likewise in cases of building, repairing, 
and victualling ships, &c. so as the suit be against the ship, and not 
against the parties only. 2 Cro. 216. See Seamen and Seamen's 
fVages, Chap. III. 

By authority of the Admiralty, the majority of part-owners may send 
a ship upon a voyage to sea, as shown in Chap. I. against the consent 
of the rest; but if the ship be lost, the loss will fall upon the adven¬ 
turers, and they must answer to the non-consenting owners accordingly. 
In this case the Admiralty takes stipulation in nature of recognizance ; 
that court is at all times open for applications from part-owners to re¬ 
strain the sailing of ships without their consent, until security given to the 
amount of their respective shares ; but, as has been previously observed, 
where the shares are not ascertained, the Admiralty Court has no juris¬ 
diction ; but the Court of Chancery will exercise a concurrent jurisdiction 
by injunction, till the share of the party complaining be ascertained, 
and security given to the amount. 

If any one be sued in the Admiralty contrary to certain statutes of 
13 & 15 Richard II. he may have a supersedeas to cause the judge to 
stay proceedings, and also have an action against the party suing. 

No ship can be arrested by Admiralty process without regular suit. 
Salk. 31,32. 




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MEDITERRANEAN PASSES. 


1049 


CHAPTER V. 


MEDITERRANEAN PASSES. 


PROCLAMATION, 20 Nov. 1819. 

After declaring a time when all former Passes should be given up, 
(since passed,) it proceeds :— 

And all his Majesty’s subjects, who are or shall be possessed of any such passes, 
shall, on or before the expiration of the periods herein-before mentioned respectively, 
return the same into the office of the Admiralty of Great Britain, or to the respective 
Collectors of Customs at the out ports of the United Kingdom of Great Britain and 
Ireland, or to the Governors of some of his Majesty’s foreign plantations or dominions, 
in order to their being cancelled; and they are to furnish themselves with passes of 
the new form under the hands and seals of the Commissioners for executing the office 
of High Admiral of the United Kingdom of Great Britain and Ireland, in lieu thereof, 
for their several ships and vessels, according to the Treaties subsisting between his Ma¬ 
jesty and the governments on the coast of Barbary, and the regulations made by King 
George I., by Order in Council on the 14th June, 1722, so far as the same remains 
unaltered by the regulations made by our Orders in Council bearing date respectively 
on the 28th day of August, 1776, on the 31st day of December, 1783, the 3rd day of 
November, 1802, or our Order in Council of this day’s date, and according to the further 
regulations then and there made, and our instructions given to the said Commissioners 
for executing the office of High Admiral of Great Britain and Ireland, touching the 
same • And whereas many ships and vessels belonging to his Majesty’s subjects con¬ 
tinue several years trading from port to port in the Mediterranean, without returning 
home, whereby they cannot so conveniently procure the passes to be exchanged ; We 
do hereby, for the ease of our trading subjects, declare, that upon the application of 
any owner of any ship or vessel, or other substantial merchant, to the office of the 
Admiralty of Great Britain, and oath made by him of the property of such ship or 
vessel, and that three-fourths of the company are our subjects, according to an act 
made in the 12th year of King Charles II.,* intituled “ An Act for encouraging and 
increasing of Shipping and Navigation,” or such other proportion as may be authorized 
by act of parliament, and upon entering into a bond for the return of such pass at the 
end of the period therein specified, it shall and may be lawful for the Commissioners 
for executing the office of Lord High Admiral of the United Kingdom of Great Britain 
and Ireland, or the High Admiral of the United Kingdom of Great Britain and Ire¬ 
land, for the time being, and they are respectively empowered to make out a new pass 
for such ship or vessel, and send the same to such of our Consuls in the Mediterranean 
as the said owner or merchant shall desire, with directions to such Consul, that, upon 
application to him from the master of the ship, for which the pass is made out, and sur¬ 
rendering up his old pass, and entering into bond for the return of such new pass, he 
shall deliver out the said new pass to such master, and transmit the old one, with the 
bond, to the office of Admiralty of Great Britain : And in order more effectually to 
hinder, for the future, any abuses that may be attempted by foreigners relating to the 
new passes to be issued as aforesaid: We do hereby further declare, that the new form 
of passes marked (A.), as recommended to us by the Commissioners for executing the 
office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, in 
their memorial bearing date the 8th September last, and approved by us, by our Order 
in Council of this day’s date, shall be issued from and after the 1st of January next, 
within the United Kingdom of Great Britain and Ireland, and as soon after in his 
Majesty’s colonies as the same may be received at each colony respectively; and that 
passes issued in the United Kingdom, of the above-mentioned form, shall be in force 
during the voyage for which the said passes shall be taken out, and no longer, and 
shall be returned at the termination of such voyage to the Commissioners of Customs, 
or to their chief officer atone of the out ports, provided such voyage shall terminate in 


* Now the 6 Geo. IV. c. 109. 




1050 


MEDITERRANEAN PASSES. 

the United Kingdom, or to the Governor or Lieutenant Governor in any of the islands of 
Jersey, Guernsey, Alderney, or Man; and in case such voyage shall terminate in any 
of his Majesty’s possessions abroad, then that such passes shall be delivered up to the 
Governor or other person having chief authority there; but if such voyage shall ter¬ 
minate at any place out of his Majesty’s dominions, then such pass shall be delivered 
up to his Majesty’s Consul or his deputy at such place, or who may be nearest thereto ; 
and that passes to be issued in his Majesty’s colonies or possessions abroad shall in 
like manner be in force during the voyage or voyages for which they shall be taken 
out respectively, and no longer, and shall be returned at the termination of such voyage 
or voyages respectively, in the manner hereinbefore directed, according to the port or 
place in which such voyage or voyages shall terminate respectively ; and that in all 
cases whatever of passes to be issued, such surety, by way of bond, shall be given to 
secure the due return of the passes, and to guard against any fraudulent or improper 
use of them, as hath been usual, or as the Commissioners for executing the office of 
Lord High Admiral of the United Kingdom of Great Britain and Ireland, or the High 
Admiral of the United Kingdom of Great Britain and Ireland for the time being, may 
deem necessary to require, according to the circumstance of the case. 

And whereas it has been recommended to us, by the Commissioners for executing 
the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, 
that for the more effectual prevention of abuses, and for the diminution of expence, it 
may be convenient, in certain cases, that passes to be granted for the purposes afore¬ 
said, should be united with the ship’s Certificate of Registry ; Our will and pleasure is, 
that if any person shall be desirous of having the Mediterranean pass annexed to the 
certificate of registry of his ship, such pass so annexed may be issued agreeably to the 
form (B.) recommended to us by the Commissioners for executing the office of Lord 
High Admiral of the United Kingdom of Great Britain and Ireland, in their memorial 
as aforesaid ; and that such pass shall not be separated from such certificate of regis¬ 
try, but shall be returned at the same time when such certificate of registry shall be 
delivered up to be cancelled ; and as often as any new certificate of registry shall be 
granted, an annexed pass shall also be granted under the same conditions, if the party 
shall be desirous thereof. 

But whereas the laws for the registry of British shipping do not apply to ships be¬ 
longing to Gibraltar and Malta ;* and whereas it is expedient that passes granted to 
the ships of the said places, should be accompanied by some document, proving that 
they belong to his Majesty’s subjects in his Majesty’s said possessions respectively ;* 
It is Our further will and pleasure, that the Governors or Deputy Governors of the said 
Possessions respectively, who shall be authorized to issue passes, shall issue them only 
in the form marked (C.), as recommended to us by the Commissioners for executing 
the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, 
in their memorial as aforesaid, and that the said Governors or Deputy Governors shall 
issue them only to such ships as shall be certified (in such manner as we shall be 
pleased by any Order or Orders in Council to direct) to belong to our subjects, and to the 
possessions under their respective governments ; except that when any ship, having a 
pass issued in the United Kingdom, or in any of his Majesty’s colonies, the time of 
which pass shall have expired, and which by these regulations ought to be returned, 
or where the owner or master of a ship, having a British certificate of registry, shall 
be desirous of obtaining a Mediterranean pass, the Governors or Deputy Governors as 
aforesaid, may grant for such ship a pass of the form aforesaid, marked (C.), to be 
in force to the end of the ship’s then voyage, and no longer, and to be returned to be 
cancelled at the end of such voyage, as herein-before directed in other cases respec¬ 
tively ; and the said Governors or Deputy Governors shall sign their names in the 
margin of all passes issued by them respectively, as specified in the said form ; and in 
all cases the Governors or Deputy Governors issuing such passes, shall take a bond (as 
above directed) for the delivery up of such pass on the first ensuing arrival of such 
ship in any port of the United Kingdom, or of a British possession of which the Gover¬ 
nor or Deputy Governor may be authorized to issue passes. 

It is our further will and pleasure, that for the more convenient issue of such 
passes, the Commissioners for executing the office of Lord High Admiral of the United 
Kingdom of Great Britain and Ireland, or the High Admiral of the United Kingdom of 
Great Britain and Ireland for the time being, shall be authorized to furnish to the 
Commissioners of Customs in London, Edinburgh, and Dublin, and to the Governors of 
liis Majesty’s colonies, and of Gibraltar and Malta, passes of the necessary forms, 
signed and executed by the Commissioners for executing the office of Lord High Ad¬ 
miral of the United Kingdom of Great Britain and Ireland, or the High Admiral of the 
United Kingdom of Great Britain and Ireland, for the time being, in blank as to the 


* But see tire 7 and 8. Geo. IV. c. 56. page 386. 



MEDITERRANEAN PASSES. 


1051 


names of the ships; which passes the Commissioners of the Customs as aforesaid, or 
their officers, and the said Governors, shall be authorized to fill up and issue on the 
receipt of the bond required to be taken for the same. 

And it is our further will and pleasure, that it shall be lawful for the Commissioners 
for executing the office of Lord High Admiral of the United Kingdom of Great Britain 
and Ireland, or the High Admiral of the United Kingdom of Great Britain and Ire¬ 
land for the time being, and they are hereby empowered to lodge Mediterranean passes, 
of the same form with the new passes for ships and vessels belonging to Gibraltar and 
Malta, in the hands of the High Commissioner of the Ionian islands, and to empower 
the said High Commissioner of the Ionian islands to issue and deliver out such passes 
to any of the inhabitants of the said islands, to be applied to ships actually belonging 
to the said islands, and none other, provided the person or persons applying for the 
same do comply with and conform to the several rules and regulations now in use, or 
that may be required to be observed by our subjects, or that may be directed to be ob¬ 
served by the said inhabitants of the Ionian islands, by the Commissioners for executing 
the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, 
or the Lord High Admiral of the United Kingdom of Great Britain and Ireland for the 
time being. 

And we do hereby order, that the Commissioners of the Customs in Great Britain 
and Ireland do cause to be carried into execution such parts of the said Order of Council 
of the 14th June, 1822, concerning passes, as relate to themselves and the proper 
officers under them, so far as the same remains now in force, and of our Orders afore¬ 
said, made in Council on the 28th of August, 1776, the 31st of December, 1783, the 
3d of November, 1802, or our Order in Council of this day’s date; and that they do 
direct their Officers in the several ports of the United Kingdom to demand of the 
masters of all merchant ships, so soon as they shall return into port from a foreign 
voyage, all passes granted as aforesaid, which shall be in their possession, to be pro¬ 
duced to the said respective Officers of Customs, and if the same shall appear to be of 
an older date than the periods hereinbefore severally and respectively mentioned for 
the return of the passes of the present form, then such passes shall be delivered up to 
the said respective Officers of Customs, and be by them returned to the Office of the 
Admiralty of Great Britain; and in case the master of any such ship or vessel shall 
refuse to produce or deliver up such passes, according to the true intent of our said 
order, then the said officer shall certify the name of every such master and of the ship 
or vessel, to the Commissioners for executing the office of Lord High Admiral of the 
United Kingdom of Great Britain and Ireland, or to the High Admiral of the United 
Kingdom of Great Britain and Ireland for the time being, to the end that directions 
may be given for putting the bond entered into on the granting any such pass in suit. 


At the Court at St. James’s, the 25th August, 1830. 
Present, 


The King’s most excellent Majesty, in Council. 

Whereas there was this day read at the Board a memorial from the Right Honour¬ 
able the Lords Commissioners of the Admiralty, dated the 20th of August, instant, in 
the words following, viz.— 

« Whereas His late Majesty was most graciously pleased, by His Royal Proclamation, 
dated the 20th November, 1819, to establish certain regulations for the issue of Medi¬ 
terranean passes, of the forms A, B, and C, and to direct that the undermentioned fees 
(including the stamp duty of 5s.) imposed by the Legislature on each pass, and also a 
bond stamp of 35s. (for each pass issued in the United Kingdom) be paid for such 
passes, as often as any such pass shall be granted, viz.— 


Form A. 

Passes not annexed to the certificate of registry 

Form B. 


£. s. d . 
2 10 0 


Passes granted in the United Kingdom, and annexed to the certificate") 550 
of registry.J 

Form C. 

Passes issued by governors of colonies and possessions. 2 0 0 


“And whereas the Board of Trade have with a view of affording relief to the ship¬ 
ping interests, suggested the expediency of Mediterranean passes being issued gratis, 
in which suggestion the lords of his Majesty’s Treasury have concurred, with the ex* 





1052 


MEDITERRANEAN PASSES. 


ception of the abovementioned charge for Stamp Duties, imposed by the Legislature ; 
do therefore most humbly propose to your Majesty, that your Majesty will most 
graciously be pleased by your Order in Council, to authorize us to issue Mediterranean 
passes free of all charges, with the exception of the abovementioned stamp duties im¬ 
posed by the legislature.” His Majesty having taken the said memorial into con¬ 
sideration, was pleased, by and with the advice of His Privy Council, to approve of what 
is therein proposed, and to Order, as it is hereby Ordered, that the same be duly and 
punctually complied with and carried into execution. And the Right Honourable the 
Lords Commissioners of the Admiralty are to give the necessary directions herein 
accordingly. 

(Signed) C. F. GREVILLE. 




■ J. iirt? ; 

.ubitov'fditdo tui*. 


m jmivfirf hrtfi—j 



TRANSPORT SERVICE. 


1053 


CHAPTER VI. 


ON THE TRANSPORT SERVICE. 

Of shipping thus engaged there are several denominations, accord¬ 
ing to the particular service on which they are employed: namely, a 
troop-ship, which is one engaged principally for the conveyance of 
troops; a victualler, engaged for that of provisions; a carrier, for 
stores, &c. generally ; a horse-ship, a cartel, a convict-ship, an 
ordnance or naval store-ship, &c.* 

The agreement or charter-party entered into, or made with, the 
Commissioners, will explain the nature of the engagement, as will be 
presently shown ; for this indenture specifies the precise terms on which 
the vessel proceeds. The bills of lading, as may be inferred from 
what has been already advanced respecting them, determine the contents 
of the cargo; and the master or owners bind themselves, the ship, 
tackle, and furniture, that the goods freighted shall be delivered, (dan¬ 
gers of the seas excepted,) in good condition, at the place agreed on; 
covenanting, at the same time, that there shall be sufficient tackle and 
mariners to fit the ship, in every respect, for performing the voyage. 
The Commissioners, on the part of Government, stipulate to pay freight 
on the prescribed conditions, and both parties are bound in penalties of 
non-performance. 

When vessels, or a certain quantity of tonnage, are required by Go¬ 
vernment, notice is usually given by public advertisement, and particu¬ 
lars may be had on application to the Secretary of the board at the office 
in Westminster, where forms of the tender may be seen. 

The tender is, in form, usually divided into perpendicular columns, 
at the head of which the following particulars are expressed. 1. Ships’ 
names. 2 . If sheathed with wood, or with copper, or unsheathed. 
3. Tons by register. 4. Where lying. 5. Time to be at Deptford, 
complete, on the part of the owners. 

This tender is usually addressed in the following form : 

My Lords, London, the 

The undersigned beg leave to offer you, agreeably to the annexed authority, from 
the the ship (or ships) above mentioned for regular trans¬ 
port, for six months certain, at the rate of per ton per 

calendar month, and to be subject to all the rules and conditions of the usual printed 
charter-party. 

The ship to be at Deptford on or before the time expressed against 

name , in every respect complete on the part 

of the owners; in failure of which hereby bound to forfeit to the 

commissioners on behalf of his Majesty, the sum of one hundred pounds 

; and the board are also, in that case, to have the option of rejecting 
altogether. 

My Lords, 

Your most obedient humble servant. 

( Name of the owners if to be obtained.) 

To the Right Honourable the Lords Com-1 
missioners of the Admiralty. / 

* Transports were formerly under the Transport Board ; but they were subse¬ 
quently transferred to the Navy Board—the duties of which office have now, (1832,) 
merged into the Admiralty Board;—and having made this observation, the following 
pages are given as the work original^ stood. 





1054 


TRANSPORT SERVICE. 

Charter-Party. 


The following’ is the form of a charter-party of affreightment between 
the transport-board and the owners of a hired ship or vessel, and 
exhibits the usual conditions required by the commissioners. It will, 
of course, be readily inferred that there is a variation in different 
charter-parties, according to circumstances. 

Charter-party of Affreightment between the Transport-board and 
the Owners of a hired Ship. 

“ Complement, ten men and two boys.” 

It is covenanted, concluded, and agreed upon, this day of in the 

year of our Lord one thousand eight hundred and , and in the year of the 

reign of our sovereign lord George the Fourth, by the grace of God, of the United 
Kingdom of Great Britain and Ireland, defender of the faith, &c. by and between 
of the good ship, or vessel, called the of 

whereof is now master, of the burthen of tons, register tonnage, 

now riding in the of the one part, and the commissioners of 

his Majesty’s Transport-Office, for and on behalf of his Majesty, on the other part, 
in the manner following, that is to say, the said for and on behalf 

of himself, and all and every of the part-owners of the said ship or vessel, hath 
granted, and to hire and freight letten, and by these presents doth grant, and to 
hire and freight let, the said ship or vessel to the said commissioners, to receive on 
board, at such port or ports as shall be directed, all such soldiers, horses, women, 
servants, arms, ammunition, provisions, and stores, as shall be ordered to be put on 
board her, and proceed therewith to such port or ports as shall be required ; and, 
after having landed the said soldiers, horses, and stores, to receive on board such 
others, with their baggage, &c. as shall be put on board her, and proceed there¬ 
with as shall be directed : the ship to continue in pay for months 

certain, and afterwards till her return to and receive notice of 

discharge. 

And the said commissioners, for and on behalf of his Majesty, have hired or 
retained the ship or vessel for the said time and service accordingly. Item. The 
said doth covenant, promise, and agree, that the said ship or vessel 

be strong, firm, tight, staunch, and substantial, both above water and beneath, and 
(if required) sheathed ; and shall and will sail forthwith to or near 
(if wind and weather permitting) equipped, fitted, furnished, and provided with 
masts, sails, sail-yards, anchors, ropes, cords, tackle, apparel; also with two proper 
boats, and gratings to her hatchways, necessary for such a voyage ; and also with 
furniture, and all other materials and things necessary, proper, convenient, and 
fitting, for such a ship or vessel, for her intended voyage and service ; and not to 
have less than three large cables, one hundred and twenty fathoms each, or so many 
together as will make up three hundred and sixty fathoms, and one stream-cable, 
all in good condition; and to have all proper sails, and not less than two main-sails, 
two main-top sails, two fore-sails, and two fore-top sails, with a complete set of small 
sails ; and also to be manned in proportion to to one hundred tons, 

fit and capable to manage and sail her ; and shall have, at least, six carriage guns 
mounted, not less than three-pounders, and six swivels, and must be provided with 
powder and shot, not less than twenty rounds of each for each gun,* and all other 
things necessary and answerable thereunto, with a proper place, or magazine, for 
the security of the powder ; and also with good and wholesome victuals, sufficient 
for the said men during the said service and employment, and the whole number 
of men to be constantly on board, and a regular book kept of their entries and 
discharges : and the said ship or vessel shall, in like manner, be furnished and pro¬ 
vided, at the cost and charge of the owners, with coppers or furnaces, for the boil¬ 
ing and dressing of provisions for such a number of soldiers as shall be ordered and 
directed to be received on board ; and also with cans and pumps for serving the 


* All additional ammunition required by the commissioners is to be paid for by 
them, and gun-money to be allowed for all additional guns, provided by the owners, 
with ammunition for the same. The number of additional guns is, however, limited 
by the board; and no allowance is made for any sent to the ship without their 
consent and order. 



TRANSPORT SERVICE. 1055 

said soldiers with beer and water in their voyages, as well as with platters, spoons, 
candles, and lanterns ; and also a proper number of pumps and buckets for draw¬ 
ing and serving water to such a number of horses in their passage as shall likewise 
be ordered to be received on board the said ship or vessel. Item. The said 
master shall and will receive and take on board the said ship or vessel, from time 
to time, such a number of soldiers, horses, provision, provender, or any kind or 
sort of naval or victualling stores, recruits, and whatever else there shall be occa¬ 
sion for, for the service of His Majesty, as he shall be directed and required, and 
as he can reasonably stow and carry : and shall and will therewith proceed and sail 
to such port, place or places, under convoy, as the said commissioners, or the officer- 
in-chief, whose command he shall be under, shall order and direct, landing and 
delivering the same according; and so from time to time during her continuance 
in the said service ; in performance of which, the said master and his men, with his 
boats, shall be aiding and assisting to the utmost of their power. Item. The said 
master shall,, and is hereby obliged to give and sign receipts, bills of lading, or 
other proper indents, for what he shall receive on board (men and horses excepted,) 
and be accountable for the same ; who likewise is hereby required to keep a true 
log-book of the wind and weather, and other remarkable observations; and, at the 
end and determination of the said service, to deliver the same into the transport- 
office, upon oath if required ; together with all orders and instructions that he 
shall receive ; and, upon the arrival of the said ship or vessel, at any port or 
place whatsoever, he shall also, by the first opportunity, send immediate notice 
thereof to the said commisioners. In consideration of which covenants, conditions, 
and agreements, hereby to be performed by the said the said com¬ 

missioners do covenant and promise, for and on behalf of his Majesty, that the 
said his executors, administrators, or assigns, shall be allowed and 

paid for the hire and freight of the said ship or vessel, the sum of per ton 

each calendar month, with the discount of transport-office bills added thereto, for 
the number of tons above-mentioned, for so long time as he shall be continued in 
his Majesty’s said service : which freight or pay shall commence upon producing 
a certificate from the proper inspecting officer or officers belonging to the transport- 
office, of the ship being completed, fitted, victualled, manned, and provided with 
proper necessaries and stores for the ship and company, so far as it is incumbent on 
him to provide, ready to sail, and fit to proceed, on his part, when required ; and the 
same shall also cease and determine at the time of her discharge on the conditions 
before-mentioned. And the said shall, on signing and sealing hereof, 

have and receive a bill of imprest, made out and registered for two months’ freight 
upon account, after certified as aforesaid by the said officers, to be ready to proceed 
on his Majesty’s service, as in part thereof paid in hand, according to the rate and 
tonnage aforesaid : and after the said ship or vessel hath been in the service six 
months, and the owner produces to the said commissioners a certificate thereof from 
the commanding officer, or agent for transports, if there shall be such an officer, he 
shall have and receive a bill of imprest, made out and registered for two months’ 
freight more, and thence forward the like bill to the end of every four months ; that 
is to say, when he shall have been in the service ten months, and approved to be 
safe, by the like certificate above-mentioned; and the like payment of two months 
to be continued at the end of every four months as it shall become due, during her 
continuance in the said service, and the remainder on passing accounts, all to be paid 
in course of the transport-office. Provided nevertheless, and it is agreed between the 
said parties, that, upon the loss of time, breach of orders, or neglect of duty, by the 
said master, being made appear, the said commissioners shall have free liberty and 
be permitted to mulct, or make such abatement out of the freight and pay of the 
said ship or vessel, as shall be by them adjudged fit and reasonable.—And it is 
further covenanted and agreed, that if the said ship or vessel shall happen to be 
burnt, sunk, or taken, by the enemy, in and during the aforesaid service, as it 
shall appear to a court-martial that the same did not proceed through any fault, 
neglect, or otherwise, in the master or ship’s company, and that they made the 
utmost defence they were able, the value of her shall be paid for by His Majesty, 
according to an appraisement to be made thereof, on oath, by such persons as the 
said commissioners shall appoint, reasonable wear and tear first deducted.—And, 
lastly, it is declared and agreed, that the officers shall be accommodated with the 
great cabin, and other cabins of the ship, except the cabin which the agent for 
transports on board may reserve for himself, and also a proper cabin for the master, 
and a small one for the mate : and that the gun-room, forecastle, and steerage, or 
such part thereof as shall be necessary, be reserved for lodging the seamen. 

To the true performance and keeping all and every the covenants, conditions, and 
agreements, above-mentioned, on the part and behalf of the said to 


1056 TRANSPORT SERVICE. 


be kept, done, and performed, he the said . bindeth himself, his 

neirs, executors, and administrators, and the said ship or vessel, with her tackle, 
apparel, ammunition, freight and furniture, unto the said commissioners, for and 
on behalf of His Majesty, in the penalty or sum of five hundred pounds, of lawful 
money of Great Britain, to be recovered and paid by these presents. In witness 
whereof he, the said hath set his hand and seal to one part hereof: 

and to the other part hereof, the said commissioners, for and on His Majesty’s behalf, 
have signed their names, and caused the seal of the Transport-Office to be affixed, 
the day and year above-written. 

Entered into pay the 


Signed, sealed, and delivered (being first 
stamped), in the presence of* 



The transactions with the Transport-board are generally con¬ 
ducted by means of a ship-broker, with whom the ship’s books and 
papers are lodged, and thence transferred to the agent whose duty 
it is to arrange and pass the accounts through the public offices, 
preparatory to the receival of the freight by the broker. The assist¬ 
ance of the latter is, however, dispensable, if the owner be sufficiently 
acquainted with the nature of these concerns, and chooses to act for 
himself. 

Here it is to be understood, that the passing of accounts has 
been sometimes attended with difficulty, owing to inattention on 
the part of the master, who may have suffered them to become 
inaccurate or incomplete ; but it is presumed that, if the printed 
instructions issued by the Transport and Victualling boards be duly 
attended to, with the other requisite precautions, this will seldom 
happen. 

The master should, in particular, be well acquainted with the 
terms and meaning of the charter-party, as its exact performance 
depends principally on his conduct. He will be expected to make 
oath to the truth of his accounts, and must produce proper vouchers 
and receipts for his various transactions. The board requires that 
every master shall direct his mate, or other confidential person, who 
may sign receipts on his account for provisions or victualling stores, 
to write under his own name that of the master; and if there has 
been any other master during the course of the voyage, the name of 
him also beneath the former. 

On the arrival of the ship at any port, whether in Great Britain or 
abroad, the master is required to make immediate inquiry for, and 
report himself to, the agent for transports ; and, should none be on 
the spot, he is to write, by first post, or other early conveyance, to 
the Transport-board, stating his arrival, with date, place, or other 
particulars. 

When provisions or other government stores are received on board, 
the master should see that his mate or other officer attends, and notes 
down very correctly, the quantities and other particulars of the articles 
delivered. Deliveries thence should be made with equal punctuality, 
and receipts always taken for the same. 

The numerous and various vouchers, as receipts, orders, surveys, 
certificates, affidavits, &c. occasioned by the varying situations of the 
ship, must be, in all cases, carefully preserved and forwarded to the 
owners or their agents; and it is recommended that three sets of every 


* For the form of a charter-party, between the owners of a hired freight-ship and 
the Transport-board, providing especially for demurrage, see chapters on Freight, 
Charter-party, and Demurrage, Part 2 c. 1. 



TRANSPORT SERVICE. 1057 

material voucher shall be procured; as thus, in the event of the ori¬ 
ginal being lost, all difficulty will be obviated. 

the annexed statement will furnish a general idea of the various 
books and papers required for passing the accounts of vessels by the 
Transport-board. 

For a TROOP-SHIP the following are required, viz.—A 
victualling-book ; a voluntary charge of provisions, &c. received on 
board during the time for which the accounts are intended to be 
passed; an affidavit of the returns of stores, &c.; all receipts for 
provisions lent or supplied; orders for, and reports upon, all surveys, 
whether arising from leakage, accidental loss, decayed provisions, or 
other causes; all certificates relative to the victualling of troops, 
especially those for the issue of any extra allowance; certificates for 
serving out spirits or wine; certificates of losses, leakage, &c. ; pro¬ 
tests, if any made; ship’s discharge from the service; ship’s log ; 
transport store account; an account of beds, bedding, and hammocks, 
received on board ; account of any forage received and expended ; 
certificates of having paid the Greenwich dues ; also of merchant- 
seamen’s dues ; also of Trinity-house dues, or light-money; lastly, 
certificate of no charge against the ship for ordnance stores. The 
latter is a voucher usually applied for, and obtained by, the ship’s 
agent from the Ordnance-office in the Tower. 

The books and papers required for passing a VICTUALLER’S 
ACCOUNT are as follow, viz.—A victualling book, if soldiers, &c. 
are at any time victualled on board; a voluntary charge of provi¬ 
sions received on board during the time for which the accounts 
are intended to be passed ; an affidavit to returns of stores, &c. ; 
all receipts for provisions lent or supplied ; orders for, and reports 
upon, all surveys, &c. as above ; all certificates, &c. as above ; certifi¬ 
cates of serving out spirits or wine ; certificates of losses, leakage, 
&c.; protests, if any made ; ship’s discharge from the service ; ship’s 
log; transport store account; account of beds, bedding, &c. as 
above ; account of forage, &c. if any received ; certificate of having 
paid Greenwich dues, merchant-seamen’s dues, and Trinity-house dues, 
as above ; certificate of no charge against the ship for ordnance stores. 

If this vessel be employed merely to convey stores to any place, 
to be delivered into company’s stores, and the company’s receipt 
obtained, no voluntary charge is required. The production of the 
receipt, and a memorandum of the time for which the parties have 
to obtain a certificate, is all that is required to obtain the victualling 
certificate. If thus employed, the vessel is denominated an ARMY 
VICTUALLER, and no bond is required ; but all victuallers must 
give bond, and produce a voluntary charge. 

For a CARRIER the following are required, viz.—A voluntary 
charge of provisions, &c. received on board during the time for 
which the accounts are intended to be passed ; an affidavit to the 
return of stores ; all receipts for provisions lent, supplied, and re¬ 
turned ; orders for, and reports upon, all surveys, whether arising 
from leakage, accidental loss, loss by decayed provisions, or other 
cause; all certificates which, on any occasion, the master may have 
found it necessary to procure: protests, if any made; ship’s dis¬ 
charge from the service ; ship’s log ; transport store account; bed 
and bedding account; forage account, as above ; certificates of 
Greenwich dues, merchant-seamen’s dues, and Trinity dues, or light- 
money, being paid ; ordnance vouchers for ordnance certificate. 

3 Y 


1058 TRANSPORT SERVICE. 

Should it happen that, at any time, troops are victualled on board 
a victualling book will also be required. 

As this ship, technically styled a carrier , is chiefly employed to 
convey provisions and stores from one ship or place to another, it 
becomes especially requisite that receipts should be obtained by the 
master for all quantities delivered. For ships of war, in particular, 
the purser’s receipt is required ; or, in his absence, a voucher from 
the commanding officer, and a memorandum from the purser’s stew¬ 
ard. When any clothing, shoes, &c. are received, they must, of 
course, be secured from pillage; as every deficiency must be satis¬ 
factorily accounted for by the master, or will otherwise be charged 
to the ship’s account by the commissioners. 

If naval slops be received on board, an account current must be 
rendered of the same* or a debit and credit account of slops received 
and delivered, certified by affidavit, inscribed beneath: also, a Farther 
Account, or statement of slops, supplied and returned to and from 
his Majesty’s ships or stores, and to which the following note is 
attached. 

“ N. B. As, in passing many hired vessels and other accounts, great 
“ confusion has arisen from the circumstances of receipts being signed 
“ by clerks’ and pursers’ stewards, in the absence of the store- 
“ keepers and pursers themselves ; it is directed, in future, that in 
“ all such cases, the purser’s steward, or storekeeper’s clerk, shall 
“ sign thus: 

“ A. B.-for G. C.-storekeeper or purser.” 

The debit side of the account last mentioned is formed from the 
several invoices or bills of lading, furnished with the goods, and he 
takes credit for the quantities issued and returned. 

The HORSE-SHIP is a vessel engaged more especially for the 
conveyance of horses, with a certain number of soldiers to attend 
them : hence a victualling list will be required with other accounts 
and vouchers as follows, viz.— 

A voluntary charge of all provisions, &c. ; an affidavit of the re¬ 
turns of stores, &c.; all receipts for provisions, &c. lent, supplied, 
or returned; orders for, and reports upon, all surveys, whether 
arising from leakage, loss, damage by stress of weather, or other 
cause; all certificates relative to the victualling of troops, especially 
those for the issue of any extra-allowance ; certificates of serving out 
spirits or wine ; certificates of losses, leakage, &c. ; protests, if any 
made ; ship’s discharge from the service; ship’s log; transport store 
account; an account of beds, bedding, and hammocks, received and 
expended ; certificates of having paid the Greenwich dues, merchant- 
seamen’s dues, Trinity dues, or light-money ; ordnance certificate, as 
above. 

For the quantity of hay and oats that may be expended in foraging 
the horses, particular certificates must be obtained from the com¬ 
manding-officer of the soldiers on board, expressing the quantity in 
pounds, and the qualities. Should any be delivered to ships, or 
returned into stores, receipts for such parts must be taken. 

ORDNANCE STORE-SHIP.—If a vessel engaged as an ordnance 
store-ship should, at any time during that engagement, victual troops, 
or if she receive on board any provisions upon government account, 
the papers, requisite to pass her accounts, are the same as for the 
troop-ship and victualler above. In other cases the following are 
required 




TRANSPORT SERVICE. 1059 

Bills of lading of stores received ; all receipts for stores supplied 
or returned ; all orders for such supplies; an affidavit, as subjoined ; 
all orders for, and reports of, surveys (if any) upon stores ; protests, 
if any; ship’s discharge ; ship’s log ; certificates of having paid the 
Greenwich dues, merchant-seamen’s dues, and Trinity dues; account 
of transport-office stores received on board. 

Receipts must also be given for the discharge or return of ordnance 
stores, &c. ; and the official bills of lading, furnished at the time the 
cargo is shipped, must be carefully preserved, as they will be de¬ 
manded on the ship’s return to England. If the vessel has been at 
any place where she has not been furnished with bills of lading, the 
master will be required to make affidavit of the same ; but, in case 
the bills of lading be complete, the following will be required: 

“ This deponent, A. B., master of his Majesty’s late hired trans- 
“ port, the , maketh oath that, between and 

there have been no ordnance storey received on 
“ board the said transport, on his Majesty’s account, except such 
“ as are contained in the bills of lading hereunto 

“ annexed.” 

CARTEL and CONVICT-SHIPS.—These vessels, having persons 
on board victualled by government, will require, in most respects, the 
papers, &c. enumerated under the heads of troop-ship and victualler, 
above : but it may not be superfluous to observe, that in this, as in all 
other cases, receipts and other vouchers are indispensable ; and, in 
case the ship be detained or seized, every effort should be made for 
their preservation. If such efforts be unsuccessful, it is expected that 
the master will note down, as exactly as he can, the number of per¬ 
sons he had on board, and how long they were victualled ; and he 
will be assisted, by the permission of the victualling board, in stating’ 
the account from vouchers in their office. But, if no papers can be 
preserved, the board will order the account to be passed by estimate 
upon the master’s making the subjoined affidavit. If the account 
can, however, by any means be secured, or if, on the detention of the 
cartel, the master can procure from some of the officers of the pri¬ 
soners on board, affidavits in justification of his claim, the accounts 
will be passed without difficulty. 


AFFIDAVIT IN CASE OF CAPTURE. 

“ The deponent late master of the 

transport, making oath that, on or about the day of 

, the said vessel sailed from under convoy 

of his Majesty’s ship , bound to ; that 

in consequence of a heavy gale of wind off , the con¬ 

voy was much dispersed, and this deponent lost sight of his Majesty’s 
said ship, and pursued his course until the day of 

following, when he entered • that on the next 

morning he discovered an enemy’s privateer in pursuit of him; that 
the said privateer soon after came up with this deponent, and after 
engaging her for he (this deponent) was obliged 

to submit to the superior force of the enemy ; and the said 
transport was captured, with all her victualling, navy, and other stores 
on board ; also the books, papers, and vouchers, necessary to pass her 
victualling and all other accounts; that no part of the provisions, ■ 
victualling or other stores, belonging to government, were embezzled 
or fraudulently disposed of by this deponent, or any other person 
whatever.” 3 Y 2 


1060 TRANSPORT SERVICE. 

Any circumstances relative to the proceeding’s on board, before the 
capture of the ship, may then be described: thus, if troops were on 
Doard, &c. 

“ That there were embarked at on or about the 

day of 18 men of the 

reg’iment, who were actually victualled by this deponent until 

“ That on or about the day of men 

belonging to the regiment were embarked at 

and victualled from to 

“ That on the day of there were about 

men of the regiment embarked, who 

were victualled until the day of the period 

of her capture, they being on board at that time. 

“ That the said troops were severally victualled at the usual allow 
ance, according to the custom of the service.” 

Convict-Ships are furnished with printed instructions, issued by 
the Lords of the Treasury, to which a strict adherence must be given, 
on the part of the master, &c. 

A FREIGHT-SHIP, or vessel having a certain part of her tonnage 
taken up by government for the conveyance of stores. This vessel 
requires few papers ; namely, only the bills of lading, if more than 
one, and the receipts for the delivery of the stores. For, as the duty 
is merely to discharge, according to contract, a certain quantity of 
goods into his Majesty’s stores at a certain place ; the chief point is 
to obtain, on the delivery, a receipt on the back of the bill of lading. 
For provisions, this receipt is granted by the agent-victualler; for 
naval stores, by the naval storekeeper; for ordnance stores, by the 
ordnance storekeeper, &c.; and, upon the transmission of this receipt 
to England, and its production in the proper office, the freight may be 
received.* 

Should the master be compelled, by necessity, to use any of the 
King’s provisions, he will be required to make oath as to the cause ; 
and, if his explanation be satisfactory, he will be charged for such 
provisions the price paid by government; but, if otherwise, twice that 
sum will be charged. 

NAVAL STORE-SHIP. Hired vessels, having naval stores on 
board, fall under this denomination: but, more properly, a naval 
store-ship is a ship engaged by the commissioners of the navy, for 
the purpose of conveying his Majesty’s stores from one place to 
another. In passing the accounts through the public offices, the great 
object is, as in other cases, to procure receipts for all stores delivered; 
and should there be any expenditure on board, a regular account 
with such expense, with dates and causes, the quantity and quality, &c. 
This account to be signed by the agent for transports, or the officers 
under whose direction the expenditure was made. 

Unfortunate casualties of every description, which may be produc¬ 
tive of loss, should be minutely stated in a proper certificate, signed by 
the agent for transports or other commanding naval officer; and all 
remarks in the ship’s log should correspond thereto.f 


* See chapter on Freight. 

f The limits of this work do not admit of the forms of the various schedules, 
certificates, &c., which are made use of in the transport-service; it is therefore re¬ 
quisite to add, that they are given at large, with copious explanations, in Abbott's 



TRANSPORT SERVICE. 1061 

HIRED SHIPS, having charge of stores belonging to the follow¬ 
ing departments, account for the same with the Transport-board.— 
Commissary-general’s, barrack-master’s, army-clothier’s, medical and 
purveyor’s. 

1 he following judicious remarks on the accommodations which should 
be afforded in transport vessels , have been here adopted; from the con¬ 
sider ation, that no doubt can be entertained , that vessels thus fitted 
would always have the decided preference of the Transport-board. 

“No transport should be employed for the conveyance of troops 
whose clear height below is less than five feet nine inches under the 
beams : and it would be very desirable that all vessels which are low 
between decks should have but one tier of berths along the sides, 
instead of two, which they invariably have at present, in total de¬ 
fiance of comfort and convenience. 

“ The soldiers should be accommodated in that part of the ship 
which extends from the bow, or head-part of the ship between decks, 
aft as far as the mainmast, or a little beyond it; and this entire space 
should be fixed as their exclusive right. 

“ The intercourse of the sexes on board transports, though in a 
great measure unavoidable, is yet capable of some restraint.—Sepa¬ 
rate berths for the married parties, in the proportion of four couple in 
every 100 men, might be allowed them in the after-end, parted from 
the other berths by means of a screen of painted sail-cloth, so con¬ 
trived as to be rolled up or removed for the purposes of ventilation, 
in the same manner as will be recommended hereafter for the separa¬ 
tion of the sick. 

“ It is proper to say something concerning the space and accom¬ 
modation necessary for the officers. The proportion which officers 
usually bear to the soldiers, is about as one to twenty, or as five officers 
to 100 men. In every transport, therefore, the number of officers* 
berths should be fully proportionate to the complement of soldiers ; 
and it would be very desirable if government would allow them certain 
articles of furniture for their cabins, the supplying of which subjects 
the officers at present to expense on every embarkation. These arti¬ 
cles might be confined to tables and forms, with the addition of one 
or two hanging lamps. 

“ A sufficient number of good-sized scuttle-ports should be cut in 
the ship’s sides, as near to the upper-deck as possible, without weaken¬ 
ing the ship, for the admission of pure air ; not omitting a scuttle to 
each bow, which will afford the singular advantage of a supply of 
fresh air when a ship is sailing close upon a wind. The scuttles are 
generally cut too near the water’s edge, which prevents them fr. m 
being opened, unless when the sea is very smooth. 


“ Transport and Tender's Monitor.” The object here is merely to furnish general 
rules, and to impress on the mind of masters the great necessity of a rigid atten¬ 
tion to all their accounts and papers; for it has been observed, that “ so scrupu¬ 
lously particular are the commissioners in these cases, unless the most indisputable 
proofs of the circumstances tated in the certificates are exhibited by the master, 
and the strongest evidence adduced in support of his assertions, not an article 
stated to be lost, &c. will be allowed ; and in such a situation the master’s oath is 
invariably required.” In cases wherein the master may be at a loss, from want of 
information, he will generally be directed by the government-agent. 



1062 


TRANSPORT SERVICE. 

« l n ships, which have ports, a smaller number of scuttles is suf¬ 
ficient; and, when there are port-scuttles, they might, perhaps, be 
entirely dispensed with in large ships. The number and dimensions 
of the scuttles must be determined by the size of the vessel, but they 
should not be farther than fifteen feet distant from each other, and 
every one of them should be finished in such a manner as to be 
perfectly water-tight when shut in. These, with the seconding 
assistance of large funnel-topped wind-sails, would be found adequate 
to afford a sufficient degree of ventilation, even in a warm climate. 

“ The fore, or bow, part of the ship, below, should be appropri¬ 
ated to the sick, who should be separated from the rest by means of 
a division of painted sail-cloth. This screen would serve a double 
purpose; it not a little prevents the sick from being oppressed by the 
hot and unwholesome vapour so abundantly exhaled by the other men 
at night; and, in the event of any infectious disease breaking out 
in the ship, it might be made to form a sort of barrier between 
the diseased and the sound. This screen should be made so as to 
allow of its being rolled up, to admit a thorough ventilation during 
the day. 

“ A small bulk-head store-room should be built on either side of 
the hospital, if the space will admit it, for the security and stowage of 
the hospital stores, medicines, wine, &c. ; as it is very desirable, from 
obvious reasons, that as few tangible articles as possible be intrusted 
to the persons belonging to the ship. 

“ As spoliation of public as well as private property on board trans¬ 
ports is a cause of complaint by no means unfrequent, some secure 
part of the ship should also be allotted for the regimental stores, as 
well as for the baggage of the officers, the access to which should be 
open only to the quarter-master, the officiating quarter-master, or others 
under his authority. A bulk-head room made on the orlop-deck, in 
large ships, or a distinct lazaretto in smaller vessels, should be appro¬ 
priated to this purpose. 

“ Arm-racks should be fixed a-midships below, for the safety of the 
arms, and for the convenience of the men. In many transports, from 
the want of this very necessary fixture, the arms are tied to the beams 
and deck over-head, by whatever means are at hand, in continual risk 
of breaking down, and probable injury to the arms, which, perhaps, 
cannot be repaired at sea, and to those beneath on whom they may 
happen to fall. 

“ Every troop-transport should be provided with iron stantions and 
nettings, as well as tarpaulings or hammock-cloths, for the reception 
and security of the hammocks and bedding from wet, in the same 
manner as is practised in our ships of war. Without this essential 
provision the soldier’s bedding cannot be brought up to be aired, un¬ 
less in dry and fine weather. Thus the men, who are confined below, 
are deprived of the space occupied by the bedding, and are obliged 
to breathe a confined air, rendered more so by the want of that clean¬ 
liness which the presence of the bedding prevents them from effectually 
preserving. 

“ Hanging grates and stoves should be allowed to troop-ships, for 
dispelling the damp and unwholesome air which so frequently prevails 
between decks, particularly in rainy weather. The general and con¬ 
stant use of stoves or hanging grates below, in cold or damp weather, 
is strongly recommended as productive of the most beneficial effects 
to the health and comfort of the troops. The advantages derived 


TRANSPORT SERVICE. 1063 

from the employment of stoves in ships of war, especially in those 
of the line, have been universally acknowledged ; and nothing can be 
a greater proof of their salubrity, than the circumstance of a fact, 
well known in the navy, which is, that frigates of the old construction, 
wherein the cooking was performed between decks, were, cateris 
paribus , found more healthy than those of the new class, where the 
cooking is performed above. All transports, of 250 tons or upwards, 
should have two stoves, the flues whereof should open through the 
deck immediately above. 

It is found that fumigation is of less importance, as a corrector 
of foul air in ships, than was formerly supposed; and, it is thought 
that its good effects depend more upon the portion of heat which is 
diffused by means of the smoke, than on the qualities of the article, 
or ingredients, employed in the process. Perhaps the burning of 
wetted gunpowder is as powerful a mean as can be employed for 
dispelling bad air; but, as a ready corrector, nothing of this kind 
hitherto tried seems to answer better than the disengagement of 
nitrous vapour, formed by throwing powdered saltpetre into heated 
vitriolic acid. With the same intention the lamps invented by Moser 
are conveniently suspended between decks, though they are, compa¬ 
ratively, of little use. 

“ But the most effectual mode of purifying a ship, next to cleanli¬ 
ness and ventilation, is the frequent white-washing, with quicklime, of 
the beams, sides, and berths below; a process which, it is to be la¬ 
mented, is too little attended to, though, in general, easily practicable. 
Transports should be thus white-washed as often as it may be deemed 
necessary from existing circumstances ; for which purpose every vessel 
should be always kept supplied with a certain proportion of quicklime, 
particularly for foreign service, as this article is not always to be readily 
procured abroad. 

“ Painting, though a more tedious and expensive operation, is, per¬ 
haps, not more efficacious in promoting health, than the more ready 
process of white-washing. It, however, possesses a material advan¬ 
tage over the latter, inasmuch as it admits of the parts being washed 
and scoured, which occasionally becomes necessary, and should be 
performed in dry weather. 

“ The board of commissioners for conducting the transport service, 
by their laudable and unceasing attention, have effected numerous im¬ 
provements in regard to the comfort and convenience of the troops 
embarked, and have brought the department to a degree of excellence 
unequalled before: there are still, however, several important points 
intimately connected therewith, some of which have been already 
found out, to which, when seriously considered, there is no doubt that 
they will eventually turn their attention with advantage. 

“ In the hurry which generally accompanies the fitting out of our 
expeditions, it has too often been found a matter of difficulty to engage 
a sufficient number of ships properly adapted for the conveyance of 
troops ; and vessels have been necessarily hired as troop-ships, which 
could scarcely be considered as adequate for that service in any one 
point of view. But, although this is in a greater degree unavoidable, 
where many ships are wanted for a great armament, when, on such 
an emergency, vessels with ordinary recommendations are employed 
in the service; yet it is to be feared that too little caution has often 
been taken in the selection. Hence it has happened that shapeless 
floating machines have been taken into the service as transports, which 


1064 TRANSPORT SERVICE. 

might have been, with more propriety, converted into coal barges to 
be employed on a river, being so very ill adapted for sailing*. Such 
vessels are not improperly termed tubs, by seamen, from the tardiness 
of their progress and the peculiarity of the course in which they 
always sail, which is directly opposite to the point whence the wind 
blows ; that is to say, to leeward. How often do we find a whole 
convoy detained, and the voyage protracted, from the bad sailing of 
one or more transports ! Nor is it to be attributed to bad trimming, 
or a foul bottom, but to the wretched and irremediable build of the 
ship. To this cause it is chiefly owing that so many transports drop 
to leeward, or a-stern, and part company, particularly in the night 
and in stormy weather; and, if they do not fall a prey to the enemy, 
the officers and men on board are thus exposed to privations, suffer¬ 
ings, and anxiety of mind, which they ought not to undergo. 

“ The next point to be considered is, perhaps, not less important 
than any one hitherto discussed ; namely, the soundness of the decks 
and upper works of the ship. To preserve the berths dry and com¬ 
fortable below, it is absolutely necessary that every plank and seam 
above be perfectly water-tight, and, in particular, proof against rain. 
A leaky and damp state of the decks is a fault common to many 
transports : and, when this is the case, ships are generally unhealthy. 
Ships often become leaky from straining and opening their seams in 
bad weather ; but it is more commonly owing to bad calking or un¬ 
sound timber. It is well known that the 'admission of rain between 
decks is more dangerous than that of sea-water ; and too much care 
cannot be taken to exclude it also from the hatchways, by means of 
proper gratings, tarpaulings, &c. 

“ Boats. There is no subject, perhaps, on which complaints are 
more liable to be made by officers embarked on board transports than 
on that of boats ; and these complaints are not so often founded on 
the deficiency of boats belonging to transports, as on the want of 
proper regulation on this point. From this reason, officers on first 
embarking, and when preparing for sea, are often much inconvenienced 
from not having a ready means of communicating with the shore, for 
the supply of their immediate wants, as well as of the requisites for 
a sea voyage. Whenever there is an agent for transports present, 
this officer frequently assumes the disposal of one boat of each trans¬ 
port at least; in either case the master commonly feels little hesitation 
in employing whatever boat or boats may be at hand, for his own 
individual convenience ; or, perhaps, it is employed for the duty of the 
ship, so that it is not very unusual to see military officers, in conse¬ 
quence of this irregularity, as effectually imprisoned for a time on 
board transports, while in harbour, as convicts are on board the prison- 
hulks in the river Thames. 

“ Besides the launch or long-boat, every transport should be re 
quired to have, at least, two boats kept always in complete repair, one 
of which should be appropriated to the duties of the ship exclusively ; 
and the other should be placed at the’disposal of the senior military 
officer on board; who should, however, be held responsible that the 
boat so allowed is not employed for improper purposes, nor damaged 
by wantonness or neglect.” 

The troops embarked on board vessels in the transport-service are 
provisioned at two-thirds of a seaman’s allowance in the royal navy; 
and the following table exhibits the allowance for six soldiers, or four 


TRANSPORT SERVICE, 1065 

seamen, for each day in the week. Women are provisioned at one- 
half, and children at one-fourth, of a soldier’s allowance, but receive 
no rum. 


PROVISION TABLE. 



The above are to be served out by full weights and measures; and 
on the master’s passing his account, an allowance of one-eighth 
on each species, except beef and pork, will be made for waste and 
leakage. 

When flour, suet, and raisins, are put on board, they are to be 
served out in equal proportions with beef, viz. half in beef, the other 
half in flour, suet, raisins, on each beef-day. 

41bs. of flour, or 31bs. of flour with ^lb. of raisins, (or Alb. of cur¬ 
rants,) and -^Ib. of suet, are equal to 41bs. of beef, or 21bs. of pork, 
with peas, but are not to be issued in lieu of the latter, unless un¬ 
avoidable, and then the quantities must be certified. 

Half a pound of rice is considered as equal to a pint of oatmeal; 
half a pound of sugar as equal to half a pound of butter; and lib. of 
rice as equal to lib. of cheese; one pint of oil as equal to lib. of 
butter, or 21bs. of cheese; that is, a pint of oil for the proportion of 
butter and cheese. 

A pint of wine, or half a pint of brandy, rum, or arrack, is equal 
to a gallon of beer ; lib. of fresh beef is equal to lib. of salt beef; 
and lAlb. of fresh beef is equal to lib. of pork. 

No wine or spirits are to be issued to the troops while in port, nor 
at sea, till after all the beer is expended ; and then, when wine or spirits 
are issued, no more is to be served out than the daily allowance, on 
any account whatever. 

The master is to produce a certificate from the commanding officer 
of the troops on board, of the quantity expended. If any doubt be 
entertained of the provisions being of full weight, a cask must be 






















1066 


TRANSPORT SERVICE. 


weighed in presence of the commanding officer, the master, and the 
mate ; and the master may, upon the certificate of the commanding 
officer, and the oath of the mate, issue as much beef and pork as will 
make up the deficiency. 

The weight of each must be as follows : 14 pieces of beef, cut for 
eight pound pieces, taken out of the casks as they rise, and the salt 
shaken off, are to weigh 112 lbs. avoirdupois; 28 pieces of pork, cut 
for four pound pieces, are also to weigh, under like circumstances, 
112 lbs. A more particular statement will be found at page 1043. 

Articles as Stores not allowed to be shipped on board transports duty 
free, except British plantation Rum and Wine, but drawback will be 
allowed on them for the use of officers embarking on foreign service, 
upon application to Treasury, certified to by the said officers as being 
requisite for the voyage.—Treas. Order 11th and Min. 12th Jan. 1830. 

See also a List of Goods allowed to be shipped from the Bonded 
Warehouses for the use of the Ship’s Crew, page 614. 




SLAVE TRADE. 


1067 




CHAPTER Vll 


SLAVE TRADE. 

From the time that this trade became an object of legislative consider¬ 
ation, various acts were passed to regulate it. At length its enormity 
and the cruelty exercised in transporting poor hapless negroes during 
a long voyage, manacled together, raised such a voice, and called so 
loud, that humanity could no longer remain deaf or indifferent to the 
subject. 

Great Britain was the first to lead the way, and without regard to 
the interests of individuals, determined that the slave trade should be no 
more. Nor has she stopped here, for there is scarcely a kingdom on 
the continent that she has not entered into treaties with for the abolition 
of slave carrying, but has passed certain acts of parliament, viz. 7 and 8 
Geo. IV. c. 54, “ An Act to carry into effect the Treaty with Sweden 
relative to the Slave Tradeand likewise a similar one, 7 and 8 Geo. 
IV. c. 74, with relation to the Emperor of Brazil. And at the end of 
this Chapter will be found a copy of a treaty with the King of the 
French on the same subject. 


5 Geo. IV. c. 113. 

An Act to amend and consolidate the Laws relating to the Abolition 
of the Slave Trade. 

All acts relating to the slave trade , and the exportation and importa¬ 
tion of slaves repealed. —From and after the 1st of January, 1825, all 
the acts and enactments relating to the slave trade , and the abolition 
thereof and the exportation and importation of slaves * shall be and 
the same are hereby repealed, save and except in so far as they may 
have repealed any prior acts or enactments, or may have been acted 
upon, or may be expressly confirmed by this present act. § 1. 

The purchase , sale , or contract for slaves declared unlawful; as also 
the exportation and importation of slaves; the shipping of slaves in 
order \to exportation or importation; the fitting out vessels; making 
loans or guarantees; the shaping of goods, fyc. or serving on board 
ships employed for any of the aforesaid purposes ; or the insuring of 


The acts are not particularly recited. 




1068 SLAVE TRADE. 

slave adventures .—And it shall not be lawful (except in such special 
cases as are hereinafter mentioned) for any persons to deal or trade in, 
purchase, sell, barter, or transfer, or to contract for the dealing- or 
trading in, purchase, sale, barter, or transfer of slaves, or persons intended 
to be dealt with as slaves; or to carry away or remove, or to contract 
for the carrying away or removing of slaves or other persons, as or in 
order to their being dealt with as slaves; or to import or bring, or to 
contract for the importing or bringing into any place whatsoever, 
slaves or other persons, as or in order to their being dealt with as 
slaves ; or to ship, tranship, embark, receive, detain, or confine on board, 
or to contract for the shipping, transhipping, embarking, receiving, de¬ 
taining, or confining on board of any ship, vessel, or boat, slaves or 
other persons, for the purpose of their being carried away or removed, 
as or in order to their being dealt with as slaves ; or to ship, tranship, 
embark, receive, detain, or confine on board, or to contract for the ship¬ 
ping, transhipping, embarking, receiving, detaining, or confining on 
board of any ship, vessel, or boat, slaves or other persons, for the pur¬ 
pose of their being imported or brought into any place whatsoever, as 
or in order to their being dealt with as slaves ; or to fit out, man, navi¬ 
gate, equip, despatch, use, employ, let, or take to freight or on hire, or 
to contract for the fitting out', manning, navigating, equipping, despatch¬ 
ing, using, employing, letting, or taking to freight or on hire, any ship, 
vessel, or boat, in order to accomplish any of the objects, or the contracts 
in relation to the objects, which objects and contracts have hereinbefore 
been declared unlawful ; or to lend or advance, or become security for 
the loan or advance, or to contract for the lending or advancing, or be¬ 
coming security for the loan or advance of money, goods, or effects, em¬ 
ployed or to be employed in accomplishing any of the objects, or the 
contracts in relation to the objects, which objects and contracts have 
hereinbefore been declared unlawful; or to become guarantee or secu¬ 
rity, or to contract for the becoming guarantee or security for agents em¬ 
ployed or to be employed in accomplishing any of the objects, or the 
contracts in relation to the objects, which objects and contracts have 
hereinbefore been declared unlawful; or in any other manner to engage 
or to contract to engage directly or indirectly therein as a partner, agent, 
or otherwise ; or to ship, tranship, lade, receive, or put on board, or to 
contract for the shipping, transhipping, lading, receiving, or putting on 
board of any ship, vessel, or boat, money, goods, or effects, to be em¬ 
ployed in accomplishing any of the objects, or the contracts in relation 
to the objects, which objects and contracts have hereinbefore been declared 
unlawful; or to take the charge or command, or to navigate or enter and 
embark on board, or to contract for the taking the charge or command, 
or for the navigating or entering and embarking on board of any ship, 
vessel, or boat, as captain, master, mate, petty officer, surgeon, super¬ 
cargo, seaman, marine, or servant, or in any other capacity, knowing that 
such ship, vessel, or boat is actually employed, or is in the same voyage, 
or upon the same occasion, in respect of which they shall so take the 
charge or command, or navigate or enter and embark, or contract so 
to do as aforesaid, intended to be employed in accomplishing any of 
the objects, or the contracts in relation to the objects, which objects and 
contracts have hereinbefore been declared unlawful ; or to insure or to 
contract for the insuring of any slaves, or any property, or other subject 
matter, engaged or employed, or intended to be engaged or employed, 
in accomplishing any of the objects, or the contracts in relation to the 


SLAVE TRADE. 1069 

objects, which objects and contracts have hereinbefore been declared 
unlawful. § 2. 

Penally for dealing in slaves , or exporting or importing them , Sfc. ; 
or shipping slaves for the purpose of exportation or importation .— 
And (except in such special cases as are by this act permitted) if any 
persons shall deal or trade in, purchase, sell, barter, or transfer, or 
contract for the dealing- or trading in, purchase, sale, barter, or transfer 
of slaves, or persons intended to be dealt with as slaves; or shall carry 
away or remove, or contract for the carrying away or removing of 
slaves or other persons, as or in order to their being dealt with as 
slaves ; or shall import or bring, or contract for til© importing or 
bringing, into any place whatsoever, slaves or other persons, as or in 
order to their being dealt with as slaves; or shall ship, tranship, em¬ 
bark, receive, detain, or confine on board, or contract for the shipping, 
transhipping, embarking, receiving, detaining, or confining on board 
of any ship, vessel, or boat, slaves or other persons for the purpose of 
their being carried away or removed, as or in order to their being dealt 
with as slaves; or to ship, tranship, embark, receive, detain, or confine on 
board, or contract for the shipping, transhipping, embarking, receiving-, 
detaining, or confining on board of any ship, vessel, or boat, slaves or 
other persons, for the purpose of their being imported or brought into 
any place whatsoever, as or in order to their being dealt with as slaves ; 
then and in every such case the person so offending, and their pro¬ 
curers, counsellors, aiders, and abettors, shall forfeit for every such 
offence .£100, for each slave ; one moiety to his Majesty, and the other 
moiety to the use of any person who shall inform, sue, and prosecute; 
and all property, or pretended property, in such slaves or persons, shall 
also be forfeited, and the said slaves or persons shall be seized and 
prosecuted as hereinafter is provided. § 3. 

Penalty for fitting out slave ships. —And (except in such special 
cases or for such special purposes as are by this act permitted) if any 
persons shall fit out, man, navigate, equip, dispatch, use, employ, let, 
or take to freight or on hire, or contract for the fitting out, manning, 
navigating, equipping, despatching, using, employing, letting, or taking 
to freight or on hire, any ship, vessel, or boat, in order to accomplish 
any of the objects, or the contracts in relation to the objects, which 
objects and contracts have hereinbefore been declared unlawful, such 
ship, vessel, or boat, together with all her boats, guns, tackle, apparel, 
and furniture, and together likewise with all property, goods, or effects 
found on board, shall become forfeited, and may be seized and pro¬ 
secuted as hereinafter provided. § 4. 

Penalty for embarking capital in the slave trade. —And (except in 
such special cases or for such special purposes as are by this act per¬ 
mitted) if any persons shall knowingly and wilfully lend or advance, 
or become security for the loan or advance, or shall contract for the 
lending or advancing, or become security for the loan or advance of 
money, goods, or effects, employed, or to be employed in accomplish¬ 
ing any of the objects, or the contracts in relation to the objects, which 
objects and contracts have hereinbefore been declared unlawful, then 
and in every such case the persons so offending, and their procurers, 
counsellors, aiders, and abettors, shall forfeit for every such offence 
double the value, to be recovered and applied as hereinafter pro¬ 
vided. § 5. 

Penalty for guaranteeing slave adventures. —And (except in such 


1070 


SLAVE TRADE. 


special cases, or for such special purposes as are by this act permitted) 
if any persons shall knowingly and wilfully become guarantee or 
security, or contract for the becoming guarantee or security for agents 
employed, or to be employed in accomplishing any of the objects, or 
the contracts in relation to the objects, which objects and contracts 
have hereinbefore been declared unlawful, or shall in any other manner 
engage, or contract to engage, directly or indirectly therein, as a 
partner, agent, or otherwise, then and in every such case the persons 
so offending, and their procurers, counsellors, aiders, and abettors, shall 
forfeit for every such offence double the value, to be recovered and ap¬ 
plied as is hereinafter provided. § 6. 

Penalty for shipping goods to he employed in the slave trade. —And 
(except in such special cases, or for such special purposes as are in 
and by this act permitted) if any person shall knowingly and wilfully 
ship, tranship, lade, receive, or put on board, or contract for the 
shipping, transhipping, lading, receiving, or putting on board of any 
ship, vessel, or boat, any money, goods, or effects, to be employed 
in accomplishing any of the objects, or the contracts in relation to 
the objects, which objects and contracts have hereinbefore been de¬ 
clared unlawful, then and in every such case the persons so offending, 
and their procurers, counsellors, aiders, and abettors, shall forfeit for 
every such offence double the value, to be recovered and applied as 
hereinafter provided. § 7. 

Penalty for insuring slave adventures. —And (except in such special 
cases or for such special purposes as are by this act permitted) if any 
person shall knowingly and wilfully insure, or contract for the insuring, 
of any slaves, or any property or other subject matter engaged or 
employed, or intended to he engaged or employed, in accomplishing 
any of the objects, or the contracts in relation to the objects, which 
objects and contracts have hereinbefore been declared unlawful, then 
and in every such case the persons so offending, and their procurers, 
counsellors, aiders, and abettors, shall forfeit for every such offence 
£ 100, for every such insurance or contract, and also treble the amount 
of the premium, the one moiety thereof to his Majesty, and the other 
moiety to the use of any person who shall inform, sue, and prosecute, 
and every such insurance shall be absolutely void. § 8. 

Dealing in slaves on the high seas, fyc. to be deemed piracy. —And 
if any subject or subjects of his Majesty, or any person or persons 
residing or being within any of the dominions, forts, settlements, 
factories, or territories, now or hereafter belonging to his Majesty, or 
being in his Majesty’s occupation or possession, or under the govern¬ 
ment of the united company of merchants of England trading to the 
East Indies, shall, except in such cases as are by this act permitted, 
after the 1st day of January, 1825, upon the high seas, or in any 
haven, river, creek, or place, where the admiral has jurisdiction, know¬ 
ingly and wilfully carry away, convey, or remove, or aid or assist in 
carrying away, conveying, or removing, any person or persons as a 
slave or slaves; or for the purpose of his, her, or their being imported 
or brought as a slave or slaves into any island, colony, country, ter¬ 
ritory, or place whatsoever, or for the purpose of his, her, or their 
being sold, transferred, used, or dealt with as a slave or slaves; or 
shall after the said 1st day of January, 1825, except in such cases as 
are by this act permitted, upon the high seas, or within the jurisdiction 
aforesaid, knowingly and wilfully ship, embark, receive, detain, or 


SLAVE TRADE. 1071 

confine, or assist in shipping, embarking, receiving, detaining, or con¬ 
fining on board any ship, vessel, or boat, any person or persons for the 
purpose of his, her, or their being carried away, conveyed, or removed 
as a slave or slaves; or for the purpose of his, her, or their being 
imported, or brought as a slave or slaves, into any island, colony, 
country, territory, or place whatsoever, or for the purpose of his, her, 
or their being sold, transferred, used, or dealt with as a slave or slaves; 
then and in every such case, the persons so offending shall be deemed 
and adjudged guilty of piracy , felony, and robbery, and being con¬ 
victed thereof shall suffer death without benefit of clergy. —and loss of 
lands, goods, and chattels, as pirates, felons, and robbers upon the seas 
ought to suffer. § 9. 

Persons dealing in slaves , or exporting or importing slaves; or 
shipping slaves in order to exportation or importation ; or fitting out 
slave ships; or embarking capital in the slave trade; or guaranteeing 
slave adventures; or shipping goods, fyc. to be employed in the slave 
trade ; or serving on board slave ships as captain, master, Sfc. surgeon, 
Sfc.; or insuring slave adventures ; or forging instruments relating to 
the slave laws, declared guilty of felony, Sfc. —And (except in such 
special cases as are by this act permitted) if any persons shall deal 
or trade in, purchase, sell, barter, or transfer, or contract for the 
dealing or trading in, purchase, sale, barter, or transfer of slaves, or 
persons intended to be dealt with as slaves; or shall, otherwise than 
as aforesaid, carry away, or remove, or contract for the carrying away 
or removing of slaves or other persons, as or in order to their being 
dealt with as slaves ; or shall import or bring, or contract for the 
importing or bringing, into any place whatsoever, slaves or other 
persons, as or in order to their being dealt with as slaves ; or shall 
otherwise, than as aforesaid, ship, tranship, embark, receive, detain, 
or confine on board, or contract for the shipping, transhipping, em¬ 
barking, receiving, detaining, or confining on board of any ship, 
vessel, or boat, slaves or other persons, for the purpose of their being 
carried away or removed, as or in order to their being dealt with as 
slaves ; or shall ship, tranship, embark, receive, detain, or confine on 
board, or contract for the shipping, transhipping, embarking, receiv¬ 
ing, detaining, or confining on board of any ship, vessel, or boat, 
slaves or other persons, for the purpose of their being imported or 
brought into any place whatsoever, as or in order to their being dealt 
with as slaves; or shall fit out, man, navigate, equip, despatch, use, 
employ, let or take to freight or on hire, or contract for the fitting 
out, manning, navigating, equipping, despatching, using, employing, 
letting, or taking to freight or on hire, any ship, vessel, or boat, in 
order to accomplish any of the objects, or the contracts in relation to 
the objects, which objects and contracts have hereinbefore been de¬ 
clared unlawful; or shall knowingly and wilfully lend or advance, 
or become security for the loan or advance, or contract for the lending 
or advancing, or becoming security for the loan or advance of money, 
goods, or effects, employed or to be employed in accomplishing any of 
the objects, or the contracts in relation to the objects, which objects and 
contracts have hereinbefore been declared unlawful; or shall knowingly 
and wilfully become guarantee or security, or contract for the becoming 
guarantee or security, for agents employed or to be employed in accom¬ 
plishing any of the objects, or the contracts in relation to the objects, 
which objects and contracts have hereinbefore been declared unlawful, 


1072 


SLAVE TRADE 


or in any other manner to engage, or contract to engage, directly or 
indirectly therein, as a partner, agent, or otherwise ; or shall knowingly 
and wilfully ship, tranship, lade, receive or put on board, or contract for 
the shipping, transhipping, lading, receiving, or putting on board of 
any ship, vessel, or boat, money, goods, or effects, to be employed in 
accomplishing any of the objects, or the contracts in relation to the 
objects, which objects and contracts have hereinbefore been declared 
unlawful; or shall take the charge or command, or navigate, or enter 
and embark on board, or contract for the taking the charge or com¬ 
mand, or for the navigating or entering and embarking on board of any 
ship, vessel, or boat, as captain, master, mate, surgeon, or supercargo, 
knowing that such ship, vessel, or boat is actually employed, or is in 
the same voyage, or upon the same occasion, in respect of which they 
shall so take the charge or command, or navigate or enter and embark, 
or contract so to do as aforesaid, intended to be employed in accom¬ 
plishing any of the objects, or the contracts in relation to the objects, 
which objects and contracts have hereinbefore been declared unlawful; 
or shall knowingly and wilfully insure, or contract for the insuring of 
any slaves, or any property or other subject matter engaged or employed 
in accomplishing any of the objects, or the contracts in relation to the 
objects, which objects and contracts have hereinbefore been declared 
unlawful; or shall wilfully and fraudulently forge or counterfeit any 
certificate, certificate of valuation, sentence, or decree of condemnation 
or restitution, copy of sentence or decree of condemnation or restitution, 
or any receipt (such receipts being required by this act) or any part of 
such certificate, certificate of valuation, sentence or decree of condemna¬ 
tion or restitution, copy of sentence or decree of condemnation or resti¬ 
tution, or receipt as aforesaid ; or shall knowingly and wilfully utter or 
publish the same, knowing it to be forged or counterfeited, with intent 
to defraud his Majesty, or any other person or persons whatsoever, or 
any body politic or corporate ; then and in every such case the persons 
so offending, and their procurers, counsellors, aiders, and abettors, shall 
be felons, and shall be transported for a term not exceeding fourteen 
years, or shall be confined and kept to hard labour for a term not ex¬ 
ceeding five, nor less than three years, at the discretion of the court 
before whom such offenders shall be tried. § 10. 

Seamen , fyc. serving on board such ships guilty of misdemeanour .— 
And (except in such special cases, or for such special purposes as are 
by this act permitted) if any persons shall enter and embark on board, 
or contract for the entering and embarking on board of any ship, vessel, 
or boat, as petty officer, seaman, marine, or servant, or in any other 
capacity not hereinbefore specifically mentioned, knowing that such 
ship, vessel, or boat is actually employed, or is in the same voyage, or 
upon the same occasion, in respect of which they shall so enter and 
embark on board, or contract so to do as aforesaid, intended to be em¬ 
ployed in accomplishing any of the objects, or the contracts in relation 
to the objects, which objects and contracts have hereinbefore been 
declared unlawful; then, and in every such case the persons so offending, 
and their procurers, counsellors, aiders, and abettors, shall be guilty of 
a misdemeanour only, and shall be punished by imprisonment for a term 
not exceeding two years. § 11* 

Saving the option to sue for penalties in the vice-admiralty courts .— 


But see Exemptions, page 886. 





SLAVE TRADE. 1073 

Provided always, that nothing in this act contained, making piracies, 
felonies, robberies, and misdemeanours of the several offences afore- 
• said, shall be construed to repeal, annul, or alter the provisions in 
this act also contained, imposing forfeitures and penalties, or either of 
them upon the same offences, or to repeal, annul, or alter the remedies 
given for the recovery thereof; but the said provisions and enact¬ 
ments, forfeitures, and penalties, shall in all respects be in full force, 
it being the intent and meaning of this act, that the right and privilege 
heretofore exercised of suing in vice-admiralty courts, for the for¬ 
feitures or penalties, shall remain in full force as before the passing of 
this act; and the jurisdiction of the said vice-admiralty courts, in all 
cases of forfeitures and penalties imposed by this act, is hereby confirmed. 
§ 1 * 2 . 

Nothing herein shall prevent persons from purchasing slaves in any 
island, Sfc. belonging to his Majesty, provided such slaves shall be em¬ 
ployed in the same island , fyc. —Provided always, that nothing in this 
act shall prevent or be construed to prevent any persons from dealing 
or trading in, purchasing, selling, bartering, or transferring, or from the 
contracting for the dealing or trading in, purchase, sale, barter, or trans¬ 
fer of any slave or slaves lawfully being within any island, colony, 
dominion, fort, settlement, factory, or territory belonging to or in the 
possession of his Majesty, in case such dealing or trading, purchase, 
sale, barter, transfer or contract shall be made and entered into with the 
true intent and purpose of employing or working such slave or slaves 
within such and the same island, colony, dominion, fort, settlement, 
factory, or territory, in which they, he, or she may lawfully be at the 
time of the making or entering into any such dealing or trading, pur¬ 
chase, sale, barter, transfer, or contract. § 13. 

Such slaves may be removed coastwise , or by land , to any other part 
of the same island , fyc. Where there are two or more islands comprised 
in the same colonial government, proprietors of slaves may remove them 
to any island within the government, the governor granting licence for 
that purpose. —Provided always, that nothing in this act shall prevent 
any person from carrying away or removing by land or coastwise, or 
from contracting for the carrying away or removing by land or coast¬ 
wise, of any slaves, lawfully being in any part of any island, colony, 
dominion, fort, settlement, factory, or territory belonging to or in 
the possession of his Majesty, to any other part of the same island, 
colony, dominion, fort, settlement, factory, or territory: Provided 
always, that where two or more islands are comprised in the same 
colonial government, nothing in this act shall prevent any proprietor 
of slaves, lawfully being in any one of such islands, from carrying 
away or removing such slaves to any other island, within the same 
government, for the purpose of cultivating any estate or plantation 
belonging to such proprietor himself, provided that such special 
purpose for the removal shall previously be made to appear to the 
satisfaction of the governor or lieutenant-governor, or other person 
having the chief civil command within such government, who there¬ 
upon shall grant a licence for such removal, specifying therein the 
special cause thereof; but before any slave or slaves shall, by virtue 
of any such licence, be so removed or embarked on board of any ship 
or vessel, such clearances or permits, and such certificates shall be 
obtained as are hereinafter mentioned and directed in regard to 
domestic slaves attending on their owner or master or his family by sea. 

§ 14. 


1074 


SLAVE TRADE. 


Jlis Majesty in coimcil may authorize , until July 31, 1827,* the 
removal of slaves from any British island in the JVest Indies to another 
British island there , in case it shall appear that such removal is 
essential for the welfare of the slaves; and such stipulations and con¬ 
ditions shall he established for the benefit of such slaves as his Majesty 
in council shall think ft. —Provided also, that it shall be lawful for 
his Majesty, by any order or orders, with the advice of his privy council, 
to authorize, until the 31st of July, 1827, and to the end of the 
next ensuing session of parliament, and no longer, the removal of any 
slaves from any island in the West Indies belonging to his Majesty, to 
any other island in the West Indies belonging to his Majesty, in case it 
shall be made appear to his Majesty and his council, that such removal 
is essential to the welfare of the slaves proposed to be removed : also, 
it shall be lawful for his Majesty, by any such order or orders, to 
make such stipulations, conditions, and regulations for the benefit of 
such slaves, in the island to which they may be removed, as to his 
Majesty, with the advice of his council, may seem meet, and to take 
security in double the value of the slaves so to be removed (such value 
to be estimated according to the price of slaves in the island) by bond 
or recognizance to be entered into by the person on the application of 
whom such licence may be granted, with two sufficient sureties, for 
the due observance of all such stipulations, conditions, and regulations; 
and all orders in council so issued shall be laid before both houses of 
parliament within six weeks next after the commencement of each 
session. § 15. 

Convict slaves may be transported from a British island to a foreign 
settlement. —Nothing in this act shall prevent the transportation to any 
foreign colony or place, of any slaves that shall have been convicted in 
any court of record, in any present or future British island or colony, 
of any crime to which the punishment of transportation shall be 
annexed by the law of such island or colony; but in every such case a 
copy of the judgment or sentence, certified by the court, shall be put 
on board in the ship or vessel in which any such convict shall be trans¬ 
ported. § 16. 

Domestic slaves may accompany their masters , under certain regu¬ 
lations. —Nothing in this act shall prevent any slave, who shall be 
really the domestic servant of any person, from attending his owner or 
master, or any part of his family, by sea, to any place whatever ; never¬ 
theless, under the following regulations ; that is to say, first, the name 
and occupation of every such domestic slave shall be inserted in or en¬ 
dorsed upon the clearance or permit to depart, by or in the presence of 
the collector, comptroller, or chief officer of customs from which such 
ship or vessel shall clear outwards, who shall, without fee, certify 
under his hand, that the slaves so embarked or carried were reported 
to him as domestic servants; secondly, the master or owner of any 
such domestic slaves shall obtain from the registry of the colony, an 
extract, certified by the registrar thereof, showing that such domestic 
slaves have been duly entered in the slave registry of the said colony, 
by their names and descriptions therein specified, which extract and 
certificate shall always be on board the ship or vessel in which any 
such domestic slaves are carried; and upon such slaves being brought 


* Continued, 9 Geo. IV c. 84. till 31 July, 1829, but not renewed. 



SLAVE TRADE. 


1075 


into or landed in any British colony, the extract and certificate of their 
registration in the colony from which they may have come, shall be 
forthwith produced to the collector or principal officer of customs, 
and a copy thereof shall be by him delivered to the registrar of slaves 
in the colony into which they may be brought; and if the domestic 
slaves shall be again removed from the colony into which they may 
have been so brought, previous to the next period for making returns 
of slaves therein, the collector shall, previous to the embarkation of such 
domestic slaves, return to the party requiring it the original extract and 
certificate of registration delivered into his office, to be kept on board 
the ship or vessel in which such domestic slaves may be carried ; and 
if the regulations herein contained be not complied with, the owners 
of the said slaves shall forfeit <£100 for every slave, and the master 
or other person having the charge of such ship or vessel shall in every 
such case forfeit £100 for every domestic slave so unlawfully taken on 
board.* § 17. 

Slaves may be employed in navigation , under certain regulations .— 
Nothing in this act shall prevent any slaves from being employed in 
navigation, in numbers not exceeding in any one vessel or boat those 
usually employed in navigating such vessels or boats ; nevertheless 
where they shall be designedly so employed in navigating from any 
British island, colony, plantation, or territory, the regulations pre¬ 
scribed for the transit of domestic slaves as aforesaid shall be duly 
observed. § 18. 

As also in fishing, or other their ordinary occupations. —Nothing in 
this act shall prevent any slaves from being employed in fishing, or any 
other his ordinary business upon the seas ; nevertheless, where they 
shall be so employed in the course of a navigation designedly under¬ 
taken from any British island, colony, plantation, or territory, the regu¬ 
lations prescribed for the transit of domestic slaves as aforesaid shall be 
duly observed. § 19. 

Slaves may be employed in the military and naval services. —Nothing 
in this act shall prevent any slaves from being put on board any ship 
or vessel by the order of his Majesty’s commander-in-chief, either by 
sea or land, in any island, colony, plantation, or territory belonging to 
or under the dominion of his Majesty, in order to be employed in 
his Majesty’s military or naval service, and from being by such order 
so employed, however or wheresoever the said service may require. 
§ 20 . 

Slaves in vessels in distress may be assisted. —Nothing in this act 
shall prevent the transhipping and assisting at sea any slave or slaves 
which shall be in any ship or vessel in distress. §21. 

The manner in which captured slaves shall be disposed of. —All slaves 
and all persons treated, dealt with, carried, kept, or detained as slaves, 
which shall be seized or taken as prize of war, or liable to forfeiture 
under this aat, shall, for the purposes only of seizure, prosecution, and 
condemnation as prize or as forfeiture, be considered, treated, taken, 
and adjudged as slaves and property, in the same manner as negro 
slaves have been heretofore considered, treated, taken, and adjudged 
when seized as prize of war, or as forfeited for any offence against the 
laws of trade and navigation; but the same shall be condemned as 


* But see the end of this Chapter. 
3 z 2 



1076 


SLAVE TRADE. 


prize of war, or as forfeited to the sole use of his Majesty, for the pur¬ 
pose only of divesting or barring all other property, right, title, or 
interest whatever, which before existed or might afterwards be set up 
or claimed in or to such slaves; and the same shall in no case be 
liable to be sold, disposed of, treated, or dealt with as slaves by or on 
the part of his Majesty, or by or on the part of any persons claiming 
under his Majesty, or under any such sentence or condemnation : 
Provided always, that it shall be lawful for his Majesty and such offi¬ 
cers, civil or military, as shall by any general or special order of the 
king in council appointed to receive, protect, and provide for such 
persons as shall be so condemned, either to enter and enlist the same 
into his Majesty’s land or sea service as soldiers, seamen, or marines, 
or to bind the same, or any of them, whether of full age or not, as 
apprentices for any term not exceeding seven years, to such persons, 
in such places, and upon such terms, and subject to such regulations 
as to his Majesty shall seem meet, and as shall by any general or spe¬ 
cial order of his Majesty in council be directed and appointed; and 
any indenture of apprenticeship, duly executed by any persons to be 
for that purpose appointed by any such order in council for any term 
not exceeding seven years, shall be of the same force as if the party 
thereby bound had himself or herself when of full age, upon good con¬ 
sideration, duly executed the same ; and every such person who shall be 
enlisted or entered into his Majesty’s land or sea forces, shall be dealt 
with in all respects as if he had voluntarily enlisted or entered. § 22. 

In case persons detained in slavery shall escape , any officer may pro¬ 
vide for and protect them. —In case any persons illegally held in sla¬ 
very shall hereafter by shipwreck or otherwise be cast upon, or shall 
escape to, or arrive at, any island or colony, fort, territory, or place, 
under the dominion, or in the possession, of his Majesty, it shall be 
lawful for his Majesty, or for any such officers civil or military as 
aforesaid, to deal with, protect, and provide, for any such persons, in 
the same manner as is hereinbefore directed with respect to persons 
condemned as prize of war, or as forfeited. § 23. 

Apprentices ill-treated by their masters may apply to the judge of 
the vice-admiralty. —Whenever any person apprenticed under the pro¬ 
visions of any of the acts for the abolition of the slave trade, shall be 
ill-treated by the master, or by any other person by his directions or 
with his knowledge, approbation, or consent, it shall be lawful for 
such person to apply himself, or by any other person, to the judge of 
the vice-admiralty court nearest to which his master shall be residing; 
and the said judge shall have authority to take cognizance of the com¬ 
plaint, and to summon the said master, witnesses, and other persons 
before him, and examine into the same summarily, and decide there¬ 
upon ; and if the said complaint shall be satisfactorily proved, it shall 
be lawful for the said judge to fine the master any sum not exceeding 
^100, and to enforce payment thereof by distress and imprisonment; 
and also, if it shall seem to him meet, to cancel the indentures of 
apprenticeship ; and any fine so enforced shall go to the King. § 24. 

Captors of slaves taken as prize of war to be allowed a bounty , not 
exceeding £20 for every man taken. —Where any slaves or persons 
treated, dealt with, carried, kept, or detained as slaves, taken as prize 
of war by any of his Majesty’s ships of war or privateers duly com¬ 
missioned, shall be finally condemned as such to his Majesty’s use, 
there shall be paid to the captors, out of the consolidated fund, such 
bounty as his Majesty shall direct by any order in council, so as the 


SLAVE TRADE. 


1077 


same shall not exceed ,£20 for every man, woman, and child, taken 
and condemned, and delivered over to the proper officers, civil or 
military, appointed to receive, protect, and provide for the same ; 
which bounties shall be divided amongst the officers, seamen, marines, 
and soldiers on board, in manner and proportion, as by his Majesty’s 
proclamation for granting the distribution of prizes shall be directed, 
and amongst the owners, officers, and seamen of any private ship or 
vessel of war, in such manner and proportion as by any agreement in 
writing entered into for that purpose shall be directed. § 25. 

The governor and party prosecuting to be allowed a bounty. —On 
the condemnation to the use of his Majesty, of any slaves or persons 
seized and prosecuted not as prize of war, but as forfeited for any 
offence against this act (when such seizure has been made at sea by 
the officer of any of his Majesty’s ships or vessels of war) there shall 
be paid to the officer who shall so seize, inform, and prosecute, 
for every man, woman, and child, condemned and delivered over, 
£10; subject to such distribution of the said bounties or rewards for 
the said seizures made at sea, as his Majesty shall direct by any order 
in council; and where such seizure shall not have been made at sea, 
there shall be paid to and to the use of the person who shall have 
sued, informed, and prosecuted the same to condemnation, the sum of 
£7. 10s. for every man, woman, and child, condemned and delivered 
over, and also the like sums to and to the use of the governor or 
commander-in-chief of any colony or plantation wherein such seizures 
shall be made. § 26. 

Mode of obtaining such bounty. —In order to entitle the captors to 
receive the said bounty money, the number of men, women, and chil¬ 
dren so taken, condemned, and delivered over, shall be proved to the 
commissioners of the treasury, by producing a copy duly certified of 
the sentence and decree of condemnation, and a certificate under the 
hand of the said officers, military or civil, so appointed as aforesaid, 
and to whom the same shall have been delivered, acknowledging that 
they have received the same, to be disposed of according to his 
Majesty’s instructions. § 27. 

Decision of doubtful claims to be determined by the judge of admi¬ 
ralty. —In any cases in which doubts shall arise whether the parties 
claiming such bounty money are entitled thereto, the same shall be 
summarily determined by the judge of the high court of admiralty, 
subject to an appeal to the lords commissioners of appeals in prize 
causes. § 28. 

Limitation of appeal. —No appeals shall be prosecuted from any 
decree or sentence of any court of admiralty or vice-admiralty, touch¬ 
ing any of the matters provided for in this act, unless the inhibition 
shall be applied for and decreed within twelve months from the time 
when such decree or sentence was pronounced, except where such 
decree or sentence shall be passed in any vice-admiralty court at the 
Cape of Good Hope , or to tho eastward thereof, in which cases 
eighteen months shall be allowed for the prosecution of the said 
appeal. § 29. 

Nothing in this act shall be construed to repeal or alter a certain 
act, 57 Geo. III. c. 127, intituled, An Act to settle the Share of Prize 
Money , Droits of Admiralty , and Bounty Money, payable to Green¬ 
wich Hospital , and for securing to the said Hospital all unclaimed 
Shares of Vessels found derelict , and of Seizures for Breach of the 
Revenue , Colonial Navigation, and Slave Abolition Laws ; but the 


1078 


SLAVE TRADE. 


provisions of the said act shall be applicable to the several matters in 
this act contained, the same as if the said provisions were specially 
enacted herein. § 30. 

Persons apprenticed under the act , on the expiration of their appren- 
ticeshipy how to be disposed of. —It shall be lawful for his Majesty in 
council, to make orders and regulations for the future disposal and 
support of such persons as shall have been bound apprentices under 
this act, or the acts repealed, after the term of their apprenticeship 
shall have expired, or the indenture of apprenticeship shall have been 
cancelled, as to his Majesty shall seem meet, and as may prevent such 
persons from becoming at any time chargeable upon the island, 
colony, or settlement in which they have been so bound apprentices. 
§31. 

Mode of providing for slaves captured or seized during the period of 
adjudication .—When any slaves, or persons treated as slaves, shall be 
captured as prize of war, or as forfeited, or otherwise proceeded 
against, it shall be lawful for the persons claiming any right or pro¬ 
perty in, or the possession of such slaves, and he is hereby required, 
to put such slaves on shore ; and it shall be lawful for the collector or 
chief officer of customs, and he is hereby required, to direct inquiry to 
be made, whether the persons claiming any right or property in, or 
the possession of such slaves, shall have furnished, or shall be willing 
and able to furnish sufficient food and necessaries for the support and 
wholesome maintenance of the said slaves, during the proceedings 
which may have been or may be instituted respecting such slaves ; 
and such collector or chief officer shall, as soon as may be, report to 
the governor or lieutenant-governor, or other person exercising the 
authority of governor in such colony or plantation, the result of such 
inquiry; and if it shall appear to the said governor or lieutenant- 
governor, or other person, that sufficient food and necessaries for the 
wholesome maintenance of such slaves, have not been furnished ; and 
if the persons claiming any right or property in or to such slaves shall 
refuse, or afterwards neglect or omit, to supply proper food and neces¬ 
saries for the support and wholesome maintenance of the said slaves 
during such proceedings, the said governor or lieutenant-governor, or 
other person, being satisfied of the truth of the report, shall authorize 
the said collector or chief officer of customs to take on himself the 
immediate care and custody of such slaves, and to provide proper food 
and necessaries for such slaves, during the proceedings, until the 
court shall have made its decree, condemning or restoring the said 
slaves ; and in case the said court shall, by such decree, absolutely 
restore or condemn such slaves, the said court shall, on application 
made by the collector or chief officer of customs so providing, or 
having provided, for the support and maintenance of such slaves, 
direct the accounts for the provisions and necessaries so supplied to 
be brought into the registry of the court and examined, and direct the 
same, when confirmed, to be a charge on the said slaves, to be de¬ 
frayed by the person receiving possession thereof under the decree : 
Provided, that in case the court shall not immediately restore or con¬ 
demn the said slaves by decree, but shall direct further proof to be 
made in the cause, and the person claiming any right or property in, 
or the possession of the said slaves, shall not have supplied, or pend¬ 
ing proceedings, shall refuse or neglect to supply proper food and 
necessaries for the said slaves, it shall be lawful for the court to direct 
a valuation to be made of such slaves, and to decree such slaves, afteb 


SLAVE TRADE. 

such valuation, to be delivered over to such officer as may be ap¬ 
pointed by his Majesty to receive slaves condemned to his Majesty’s 
use, and the same shall be dealt with according to the said provisions, 
except that the bounty shall not be due or payable for such slaves, but 
in the event of final condemnation. § 32. 

Proceedings with respect to slaves in case of appeal from a definitive 
sentence, in all cases in which there shall have been a decree having 
the force of a definitive sentence, restoring or condemning the said 
slaves, and the same shall be suspended by appeal, it shall be lawful 
for the court, notwithstanding such appeal, to proceed to direct the 
slaves so detained to be valued as above directed; and after such 
valuation, to be delivered over to such officer appointed to receive 
slaves condemned to his Majesty’s use, as if the same had been finally 
condemned ; and such slaves shall be dealt with in the same manner 
as if they had been finally condemned, except that the bounties shall 
not be due or payable thereon, but in the event of final condemnation. 
§ 33. 

Where slaves shall be restored in the court of appeal , restitution in 
value shall be awarded , deducting the expenses of maintenance. —In all 
cases in which such slaves shall have been delivered over as before 
directed, and shall be finally restored in the court of appeal, restitu¬ 
tion in value shall be made for the use of the claimant or proprietor, 
according to the valuation above directed, together with interest 
thereon, such sums being deducted therefrom as may have been ex¬ 
pended for the support and maintenance of the said slaves, by the col¬ 
lector or chief officer of customs ; and the value so adjusted shall be 
paid out of the consolidated fund in the same manner as bounties for 
slaves condemned, on the production of an official copy of the final 
sentence of restitution, with the valuation of the slaves endorsed 
thereon by the registrar, subject nevertheless, when the restitution shall 
be decreed by the court of appeal, to the review and correction of the 
said valuation. § 34. 

In case of decree of restitution , costs or damages may be awarded 
where capture appears unjustifiable. —Nothing herein shall prevent the 
said courts having jurisdiction in the principal cause, from adjudging 
the captors, seizors, or prosecutors, to pay, out of their own proper 
monies, such sums in the nature of costs or damages as the said court 
shall decree, when it shall appear to such court that the capture, 
seizure, or prosecution, or the appeal thereon on the behalf of the 
captor, seizor, or prosecutor, shall not be justified by the circum¬ 
stances of the case. § 35. 

Ships condemned for illicit traffic in slaves may be registered as 
British ships. —All ships or vessels, whether British or foreign, which 
shall be condemned in any court of admiralty or vice-admiralty in any 
part of his Majesty’s dominions, for any offence in relation to the slave 
trade, or under any of the mixed commission courts hereinafter men¬ 
tioned, or which may in future be established in pursuance of any 
treaty or convention between this country and any foreign power, 
shall, from and after such judgment or condemnation, be entitled to a 
certificate of registry, as a British ship, and thereupon have all the 
privileges of British-built ships and vessels, being first duly registered 
according to the provisions of 26 Geo. III., and shall be deemed such, 
and shall be entitled to all rights, liberties, privileges, and advantages 
with British-built ships and vessels, and subject to the same regu¬ 
lations that British-built • ships or vessels are subject. § 36. 


1080 


SLAVE TRADE. 


59 Geo. III. c. 120, authorizing the King to appoint a registrar for 
colonial slaves confirmed. —After reciting that by an act passed in 
59 Geo. III., intituled “ An Act for establishing a Registry of Colonial 
Slaves in Great Britain , and for making further Provisions with 
respect to the Removal of Slaves from British Colonies ,” it is enacted, 
that it shall be lawful for his Majesty to appoint, by warrant under 
the hand and seal of one of his principal secretaries of state, some fit 
and proper person as the registrar of colonial slaves, to receive the 
copies of all registries or returns of slaves, and of any abstracts or in¬ 
dexes referring thereto, which may have been, or which may at any 
time hereafter be transmitted from any of his Majesty’s foreign pos¬ 
sessions, either in pursuance of any order of his Majesty in council, or 
of any law or ordinance duly passed in any of the British colonies 
respectively, which said registrar, and his successors respectively, shall 
continue to hold the said office during his Majesty’s pleasure ; and 
also, that the commissioners of his Majesty’s treasury shall assign to 
the registrar so appointed such a salary, not exceeding in the whole 
the sum of <£800 per annum, as shall appear to them adequate and 
proper, and shall fix the number of such clerks, officers, or other per¬ 
sons, to assist the said registrar, as may from time to time be neces¬ 
sary, and shall allow to them also such salaries as may be proper, 
and also reasonable sums for incidental charges ; all which salaries 
and charges shall be defrayed and paid, in the same manner as the 
salaries and incidental charges of the offices of his Majesty’s principal 
secretaries of state are now defrayed and paid; and also, that the said 
commissioners of the treasury shall provide a proper and distinct office 
for the said registrar, and shall appoint the several fees to be taken by 
the registrar or his assistants in the said office, and shall cause a 
schedule of the same to be delivered to the said registrar at the time 
of his appointment, which said schedule, or a copy thereof, shall be 
always kept and hung, for public information, in the office of the 
registrar: Provided always, that the fees so received by the registrar, 
or his assistants, shall be carried to the public account, and the resi¬ 
due thereof, if any, after paying the salaries of the registrar, and other 
persons employed in his office, shall be applied, under the direction of 
the said commissioners of the treasury, in aid of the expenses of the 
civil list; and also, that the person who may be at any time appointed 
registrar of colonial slaves shall, before he enters on the execution of 
his said office, be sworn, before the chief justice, or one of the justices 
of his Majesty’s courts of k'ng’s bench or common pleas, or the chief 
baron or one of the barons )f his Majesty’s court of exchequer, in the 
words following:— 

“ I A. B. do solemnly promise and swear, that I will in all respects 
faithfully and uprightly perform the duties of registrar of colonial 
slaves, to the best of my judgment and ability. 

“ So help me God.” 

And also, that any registrar of slaves who may be appointed by vir¬ 
tue of this act shall, during his continuance in such office, be inca¬ 
pable of being elected or of sitting as a member of the house of com¬ 
mons; and also, that as soon as the office of registrar of colonial 
slaves shall be opened, copies and duplicates of the several registries 
and returns of slaves in the several colonies, and all papers connected 
therewith, which may have been received by any of his Majesty’s 
secretaries of state, shall be delivered over to the said registrar, and 


SLAVE TRADE. 1081 

&hall be by him kept in the said office ; and the said registrar shall, 
from time to time, carry on, continue, correct, and enlarge the copies 
of the several registries of slaves respectively, pursuant to the further 
returns of slaves which may from time to time be received from the 
several colonies, and shall form such indexes and abstracts, and such 
convenient arrangements in other respects as may best promote regu 
larity in keeping the said books, and facilitate search therein; and 
also, that every such registrar or his clerk or assistants, so to be ap 
pointed as aforesaid, shall give due attendance at the said office every 
day in the week, (except Sundays and such holidays as are kept at the 
bank of England,) from the hour of ten o’clock in the morning to the 
hour of four o’clock in the afternoon, for the despatch of all business 
belonging to the said office ; and that every such registrar, or his 
clerks or assistants, shall, as often as required, make searches con¬ 
cerning any slave or slaves that shall be registered or supposed to be 
registered in any of the said books ; and shall also, if required, give 
certificates under the hand of the said registrar as to the registration 
or non-registration of any such slave or slaves, with extracts, when the 
same is or are to be found to be registered, of the name and descrip¬ 
tion, or names and descriptions thereof, and of the plantation or 
plantations, owner or owners, to whom the same is or are described 
to belong, and of any other particulars relating thereto which may be 
stated in the said registry; and that such registrar shall be entitled to 
receive for every such search, certificate, or extract, such sums as shall 
be duly appointed in the schedule of fees, to be fixed by the said com¬ 
missioners of the treasury as is hereinbefore provided for; and also, 
that it shall not be lawful for any of his Majesty’s subjects in this 
united kingdom to purchase or to lend or to advance any money, 
goods, or effects upon the security of any slave or slaves in any of his 
Majesty’s colonies or foreign possessions, unless such slave or slaves 
shall appear by the return received therein to have been first duly 
registered in the said office of the registrar of colonial slaves; and 
that every sale, mortgage, and conveyance, or assurance of, and every 
charge or other security upon any slave or slaves not so appearing to 
be registered, which shall be made or executed within this united 
kingdom, to or in trust for any of his Majesty’s subjects, shall be ab¬ 
solutely null and void in respect of any such unregistered slave or 
slaves; and that for this purpose no slave or slaves shall be deemed 
and taken to be duly registered, unless it shall appear that a return of 
such slave or slaves duly made by the owner or owners, or other per¬ 
sons in his or their behalf, in the manner and form required by law in 
the colony in which such slave or slaves may reside, or a copy or 
abstract of such return, shall have been received in the office of the 
said registrar from the colony in which such slave or slaves shall re¬ 
side, within the four years next preceding the date of such sale, mort¬ 
gage, conveyance, or assurance, charge or security, as aforesaid ; and 
also, that no deed or instrument made or executed within this united 
kingdom, whereby any slave or slaves in any of the said colonies shall 
be intended to be mortgaged, sold, charged, or in any manner trans¬ 
ferred or conveyed, on any estate or interest therein created or raised, 
shall be good or valid in law, to pass or convey, charge or affect any 
such slave or slaves, unless the registered name and description, or 
names and descriptions, of such slave or slaves, shall be duly set forth 
in deed or instrument, or in some schedule thereupon endorsed or 
thereto annexed, according to the then latest registration, or corrected 


1082 


SLAVE TRADE. 


registration, of such slave or slaves, in the said office of the registrar of 
slaves: Provided always, that no deed or instrument shall be avoided 
or impeached by reason of a clerical error in setting forth the names 
and descriptions of any slave or slaves therein, or in any schedule 
thereto contained ; nor shall the same be avoided or impeached by 
reason of any disagreement between the names and descriptions, and 
the entries thereof, in the books of the registry, or duplicate registry, 
which shall have arisen from any error or default of the registrar, 
his assistant or clerks, in extracting and certifying the said names and 
descriptions, without the fraudulent contrivance or wilful default of 
the parties to such deed or instrument: Provided also, that nothing 
herein contained shall extend or be construed to hinder or prevent the 
transfer or assignment of any security, mortgage, or charge, of or 
upon slaves, granted, made, created, or executed antecedently to the 
passing of this act; nor to avoid any deed or instrument, whereby 
such security, mortgage, or charge shall be hereafter transferred, nor 
to avoid, hinder, or impeach any will, codicil, or other testamentary 
paper, or any probate or letters of administration, or any bill of 
sale, assignment, conveyance, or instrument, made by or under the 
authority of any commission of bankrupt, or any public officer 
appointed to assign or convey any insolvent estate and effects, or by 
or under the authority of any court of justice, or any officer thereof, 
or in the execution of any legal process, by reason that the registered 
names and descriptions of any slaves are not set forth in such deed, 
will, codicil, testamentary paper, probate of letters of administration, 
bill of sale, assignment, conveyance, or instrument; and also, that the 
issue of any slave or slaves, named or described in any deed or instru¬ 
ment executed in the United Kingdom, or any schedule thereto, born 
aftei the return required by law, in the colony in which such slave or 
slaves may be resident, who shall afterwards be duly registered in the 
next return required by law in the said colony, shall be deemed and 
considered to pass and be conveyed and affected as registered slaves 
by such deed or instrument, as effectually to all intents and purposes as 
if such issue were therein named and described, and any thing in this act 
contained to the contrary notwithstanding: now it is declared and 
enacted, that the said several enactments shall be and remain in full 
force and effect. § 37. 

A governor de facto shall be a governor within this act. —Every act 
which the governor of any island, colony, plantation, or territory, 
belonging to or under the dominion of his Majesty, is by this act 
directed or authorized to do, may be lawfully done by the person exe¬ 
cuting, pro tempore, the office or function of governor, by authority 
from his Majesty, whether under the style and title of governor, lieu¬ 
tenant-governor, president of the council, or under any other style or 
title whatsoever. § 38. 

All securities given in contravention of this act shall be void .— 
Every mortgage, bond, bill, note, or other security, made in or to 
accomplish any of the objects, or the contracts in relation to the ob¬ 
jects, which objects and contracts have by this act been declared 
unlawful, shall, except in the case of a bond fide purchaser or holder 
of any such of the said securities as are in their nature negotiable, 
who may have purchased or obtained the same, without notice that the 
same were made or given for any such unlawful purposes, be void. 
§ 39. 


SLAVE TRADE. 1083 

In what cases offenders shall be exempted. —If any person offending 
as a petty officer, seaman, marine, or servant, against any of the 
provisions of this act, shall, within two years after the offence 
committed, give information, on oath, before any competent magi¬ 
strate, against any owner or part-owner, or any captain, master, mate, 
surgeon, or supercargo of any ship, who shall have committed any 
offence against this act, and shall give evidence on oath against such 
owner, &c. before any magistrate or court before whom such offender 
may be tried ; or if such person so offending shall give information 
to any of his Majesty’s ambassadors, ministers plenipotentiary, envoys, 
charges d’affaires, consuls, residents, or other agents, so that any per¬ 
son or persons owning such ship, or navigating or taking charge of 
the same, as captain, master, mate, surgeon, or supercargo, may be 
apprehended, such persons so giving information and evidence shall 
not be liable to any of the pains or penalties under this act, incurred 
in respect of his offence; and his Majesty’s ambassadors, ministers 
plenipotentiary, envoys, charges d’affaires, consuls, residents, or other 
agents, are hereby required to receive any such information as afore¬ 
said, and to transmit the particulars thereof, without delay, to one of 
the principal secretaries of state, and to transmit copies of the same to 
the commanders of his Majesty’s ships or vessels then being in the 
said port or place. § 40. 

Punishment for perjury. —If any oath taken under this act shall 
be wilfully false, or if such false oath shall be unlawfully or wilfully 
procured or suborned, the offender shall incur the like pains and 
penalties as are by law inflicted upon persons committing wilful and 
corrupt perjury, or subornation of perjury. § 41. 

Slaves removed without observing regulations , forfeited , and penalty 
£100 for every slave and ship. —Where any slaves that may be law¬ 
fully removed shall be sent, removed, carried, or conveyed, without 
observing the regulations required by this act, such slaves shall be 
forfeited to his Majesty: and where any slaves shall be found on 
board, who shall be untruly or fraudulently described in the clearance 
or permit, with intent to violate or elude any of the prohibitions or 
regulations in this act, the owner, master, or other person by whom 
or by whose procurement such slaves shall be so untruly or fraudu¬ 
lently described, with such intent as aforesaid, shall forfeit £ 100 for 
every such slave ; and also where the non-observance shall consist in 
exporting, sending, removing, carrying, or conveying, any slaves, (not 
being domestics or mariners, as in this act,) without such certified 
copy from the registrar of the colony, as by this act is mentioned, the 
ship or vessel shall be forfeited to his Majesty; and where the non- 
observance shall consist in embarking or carrying arty slaves without 
such certificate, the master shall forfeit <£100 for every such slave, 
§ 42. 

Seizure of forfeitures , by whom made. —All ships, vessels, slaves, 
or persons treated as slaves, and all goods and effects that may become 
forfeited under this act, shall be seized by any officer of customs, or 
by the commanders or officers of any of his Majesty’s ships or vessels 
of war, or any officers bearing his Majesty’s commission in his Ma¬ 
jesty’s navy or army ; and it shall be lawful for all governors or per¬ 
sons having the chief command, civil or military, of any of the colonies, 
settlements, forts, or factories belonging to his Majesty, and for all 
persons deputed and authorized by any such governor or commander- 


1084 


SLAVE TRADE. 


in-chief, to seize and prosecute all ships and vessels, slaves, or persons 
treated as slaves, and all goods and effects whatsoever that shall be¬ 
come forfeited for any offence under this act. § 43. 

Appropriation of ships and goods forfeited. —The proceeds of all 
ships and goods seized, prosecuted, and condemned for any offence 
against this act, except in such seizures as shall be made at sea by 
officers of his Majesty’s ships of war, shall be divided as follows : 
that is to say, after deducting the charges of prosecution, one-third of 
the net proceeds shall be paid into the hands of such person as his 
Majesty may appoint, for the use of his Majesty; one-third part 
thereof to the governor or commander-in-chief of the settlement; and 
the other third part thereof to the persons who shall lawfully seize, 
inform, and prosecute ; and in cases of seizures made at sea by officers 
of his Majesty’s ships of war, one moiety, after deducting the charges 
of prosecution, shall be paid into the hands of such person as his 
Majesty may appoint, for the use of his Majesty, and the other moiety 
to the officers of his Majesty’s ships of war, who shall have made the 
seizure, subject nevertheless to such distribution in the seizures, whether 
at sea or otherwise, as his Majesty shall think fit to order, by any order 
in council, or by any proclamation for that purpose. § 44. 

Privileges of seizors. —All persons authorized to make seizures 
under this act, shall, in making and prosecuting any such seizures, 
have the benefit of all the provisions made by 4 Geo. III. c. 15, or 
any other act made for the protection of officers seizing and prosecuting 
for any offence against the said act, relating to the trade and revenues 
of the British colonies or plantations in America. § 45. 

General issue and treble costs. —If any action or suit shall be com¬ 
menced, either in Great Britain or elsewhere, against any person for 
any thing done in pursuance of this act, the defendant may plead the 
general issue ; and if the plaintiff shall be nonsuited, &c. the defendant 
shall recover treble costs. § 46. 

Limitation of suit for penalties and forfeitures. —All actions, 
suits, bills, indictments, or informations, for the recovery of any of 
the penalties, may be commenced within five years ; provided that 
where any slaves have been, or shall have been, illegally imported, 
nothing herein shall extend to prevent proceeding to obtain the con¬ 
demnation or forfeiture thereof, but the said slaves, so illegally im¬ 
ported, shall and may be condemned and forfeited at any time after 
such illegal importation. § 47. 

Mode of trial for offences against this act. —All offences against this 
act committed in any place, other than this united kingdom, or on 
the high seas, or in any port, sea, creek, or place, where the admiral 
has jurisdiction, and which shall be prosecuted as piracies, felonies, 
robberies, or misdemeanours, shall be inquired of, either according to 
the ordinary course of law, and the provisions of an act 28 Hen. VIII. 
c. 15, intituled, An Act for Pirates; or according to the provisions 
of an act, 33 Hen. VIII. c. 83, intituled, An Act to proceed by Commis¬ 
sion of Oyer and Terminer against such Persons as shall confess Treason 
and Felony , without remanding the same to be tried in the Shire where 
the Offence was committed , as far as the same act is now repealed ;* 
or according to the provisions of an act, 11 & 12 Wm. III. c. 7, 
intituled, An Act for the more effectual Suppression of Piracy , in as 
far as the same act is now unrepealed ; or according to the provisions 


* It should be unrepealed. 



SLAVE TRADE. 1085 

of an act, 46 Geo. III. c. 54, intituled. An Act passed for the more 
speedy Trial of Offences committed in distant Parts upon the Seas ; 
and all persons convicted shall be subject to and suffer all such pains, 
penalties, and forfeitures, as by this act, or any law now in force, 
persons convicted ot the same would be subject to, in case the same 
were adjudged within this realm, by virtue of any commission made 
according to the directions of the statute 28 Hen. VIII. § 48. 

Offences committed out of the admiral's jurisdiction .—All offences 
against this act, which shall be committed in any place where the 
admiral has not jurisdiction, and not being within the local jurisdiction 
of any ordinary court of a British colony, settlement, plantation, or 
territory, competent to try such offence, may be inquired of, tried, and 
determined, under any commission to be issued according to the 
directions of the said act of 46 Geo. III. § 49. 

Process and trial. —All offences committed against this act, may be 
inquired of, tried, determined, and dealt with, as if the same had been 
committed within the county of Middlesex. § 50. 

Recovery and application of forfeitures and penalties .—Unless in 
cases specially provided for by this act, all forfeitures and penalties 
shall be recovered and applied as follows : that is to say, the several 
pecuniary penalties shall be recovered in any court of record in 
Great Britain, or in any court of record or vice-admiralty in any 
part of his Majesty’s dominions, wherein the offence was committed, 
or where the offender may be found after the commission of such 
offence; and all seizures of ships, vessels, or boats, slaves, or per¬ 
sons treated as slaves, goods or effects, subject to forfeiture under 
this act, shall be recovered in any court of record in Great Britain, or 
in any court of record or vice-admiralty in any part of his Majesty’s 
dominions in or nearest to which such seizures may be made, or to 
which ships or vessels, slaves or persons treated as slaves, goods or 
effects, (if seized at sea or without the limits of any British jurisdic¬ 
tion,) may most conveniently be carried for trial; and all the said 
penalties and forfeitures, whether pecuniary or specific, (unless where 
otherwise provided,) shall go to such persons, in such shares, and shall 
and may be recovered, distributed, and applied, in the like manner, 
and by the same ways and means, and subject to the same rules as 
any penalties or forfeitures incurred in Great Britain, and in the 
British colonies and plantations in America, by force of any act re¬ 
lating to the trade and revenues of the said British colonies or planta¬ 
tions, now go, and may now be sued, recovered, distributed, and 
applied in Great Britain, or in the said colonies or plantations, under 
4 Geo. III. c. 15, § 51. 

After the recital of certain treaties, &c. for preventing traffic in 
slaves, that is to say, a treaty with Portugal, dated January 22, 1815 ; 
a convention to the treaty with Portugal, dated July 28, 1817; a 
passport for Portuguese vessels ; instructions for British and Portu¬ 
guese ships of war ; regulations for mixed commissions, as to Portugal; 
a declaration as to Molembo and Cabinda, dated July 28, 1817 ; ad¬ 
ditional articles to the convention with Portugal, dated March 15, 
1823 ; a treaty with Spain, dated September 23, 1817; a passport for 
Spanish vessels; the instructions for British and Spanish ships of 
war; the regulations for mixed commissions as to Spain ; the expla¬ 
natory article to treaty with Spain, dated September 23, 1817; an 
additional article to treaty with Spain, September 23, 1817; and a 
declaration explanatory of article to treaty with Spain, December 10, 


1086 SLAVE TvlADE. 

1822; the treaty with the Netherlands, dated May 4, 1S18 ; the in¬ 
structions for British and Netherland ships ; the regulations for mixed 
courts, as to the Netherlands; the articles explanatory to the treaty 
with the Netherlands, dated December 31, 1822; and further additional 
article to treaty with the Netherlands ; and also reciting that by 

58 Geo. III. c. 36, 58 Geo. III. c. 85, 59 Geo. III. c. 16, and 

59 Geo. III. c. 17, it is enacted, that it shall be lawful for his Ma¬ 
jesty, by warrant under his sign manual, countersigned by one of 
the principal secretaries of state, to appoint such commissary 
judges and commissioners of arbitration, judges and arbitrators, as are 
in the said treaties and conventions, and the regulations thereto 
annexed, mentioned to be appointed by his Majesty, and from time 
to time to supply vacancies, by appointing other persons thereto, 
and to grant salaries to such commissary judges, and com¬ 
missioners of arbitration, judges, and arbitrators as aforesaid, not 
exceeding such annual sums as the commissioners of the treasury shall 
direct; and such commissary judges, and commissioners of arbitration, 
judges, and arbitrators, are authorized to examine and decide all such 
cases of detention, captures, and seizures of vessels, and their cargoes 
as aforesaid, detained, seized, taken or captured under the said treaties, 
conventions, instructions* and regulations, or included therein, as are 
by the said treaties, conventions, instructions, and regulations, and by 
these acts, made subject to their jurisdiction; and to proceed therein, 
and give such judgments, and make such orders therein, and do all 
other acts, matters, and things appertaining thereto, agreeably to the 
provisions of the said treaties, conventions, and the instructions and 
regulations annexed thereto as aforesaid, as fully as if special powers 
for that purpose were specifically and particularly inserted in these 
acts ; now be it declared and enacted, that the said provisions as herein 
recited, shall continue, remain, and be in full force and effect. § 52. 

The King may appoint a secretary to the commission courts, and 
grant him a salary .—And whereas in and by the said acts of 
58 & 59 Geo. III. it is enacted, that it shall be lawful for his Majesty, 
by any warrant under his royal sign manual, countersigned by one of 
his Majesty’s principal secretaries of state for the time being, to no¬ 
minate and appoint a secretary or registrar to the respective com¬ 
missions and courts which shall be established in his Majesty’s 
dominions, and from time to time supply, by other appointments, any 
vacancy which may thereafter occur in such office, and to grant a 
salary to such secretary or registrar, not exceeding such annual sum 
as the said commissioners of his Majesty’s treasury shall from time to 
time direct; and such secretary or registrar is hereby respectively 
authorized and empowered to do, perform, and execute all the duties 
of such office, as set forth and described in the said treaties, con¬ 
ventions, instructions, and regulations respectively, and to do, perform, 
and execute all such acts, matters, and things, as may be necessary for 
the due discharge of the duties of his office, according to the provisions 
of the said treaties, conventions, instructions, and regulations as afore¬ 
said : Now be it declared and enacted, that the said provision as herein 
recited, shall continue, remain, and be in full force and effect. § 53. 

Governors of colonies to Jill up vacancies in commissions pro tem¬ 
pore. —It shall be lawful for the governor or lieutenant-governor, or 
principal magistrate of the colony in which such commission or court 
shall sit, within the possessions of his Britannic Majesty, to fill up 
every vacancy which shall arise, according to the provisions contained 


SLAVE TRADE. 1037 

in the aforesaid regulations, annexed to the said treaties and con¬ 
ventions, ad interim , until such vacancies shall be thereafter filled up 
by some persons appointed by his Majesty. § 54. 

Oath to be taken by commissary judges and arbitrators. —Every 
commissary judge and commissioner of arbitration appointed by his 
Majesty, or ad interim , shall, before he enter upon the execution of 
his office, take an oath in the presence of the principal magistrate in 
the colony, in the form following : § 55. 

“ I, A. B. y do solemnly swear, that I will, according to the best of 

my skill and knowledge, act in the execution of my office, as-- 

-----faithfully, impartially, fairly, and without 

preference or favour, either for claimants or captors, or any other 
persons; and that I will, to the best of my judgment and power, act 
in pursuance of and according to the stipulations, regulations, and 
instructions contained in the treaty or convention between his Majesty 
and his Catholic Majesty, signed at Madrid on the 23d day of Sep¬ 
tember, 1817; [or, in the treaty between his Majesty and his Most 
Faithful Majesty, of the 22d day of January, 1815, and the additional 
convention thereto, signed at London on the 28th day of July, 1817 ; 
or, between his Majesty and his Majesty the King of the Netherlands, 
signed at the Hague on the 4th day of May, 1818, [as the case may 
require .] So help me God.” 

Oath to be taken by secretary or registrar. —Every secretary or 
registrar appointed by his Majesty, or ad interim , shall, before he 
enters on the duties of his office, take an oath before the British 
commissary judge, in the form following : § 56. 

“I y A. B., do solemnly swear, that I will, according to the best of 
my skill and knowledge, act in the execution of my office, and that I 
will conduct myself with due respect to the authority of the commissary 
judges and commissioners of arbitration of the commission to which I 
am attached, and will act with fidelity in all the affairs which may 
belong to my charge, and without preference or favour either for 
claimants or captors, or any other persons. So help me God.” 

Oaths and depositions in judicial proceedings to be administered by 
commissary judges, fyc. —It shall be lawful for the said commissary 
judges, or for any such secretary or registrar, to administer oaths to 
and take the depositions of all parties, witnesses, and other persons, 
who may come before them under the said treaties, conventions, in¬ 
structions, and regulations, of this act; and it shall also be lawful 
for the said commissary judges and commissioners of arbitration, to 
summon before them all persons whom they may deem it necessary to 
examine, and to send for and issue precepts for the producing of all 
such papers as may relate to the matters in question before them, and 
to enforce all such summonses, orders, and precepts, by the like means 
as any court of vice-admiralty. § 57. 

Persons found giving false evidence , shall be deemed guilty of per¬ 
jury. —Every person who shall wilfully and corruptly give false 
evidence in any examination, or deposition, or affidavit, in any pro¬ 
ceeding before the said commissary judges or commissioners, or in any 
examination, or deposition, or affidavit, taken before the said secretary 
or registrar, shall be deemed guilty of perjury, and being thereof con 
victed, shall be subject to all punishments to which persons convicted 




10S8 SLAVE TRADE. 

of perjury are liable; and every such person may be tried for any suci 
perjury, either in the place where the offence was committed, or in any 
colony of his Majesty near thereto, in which there is a court of com¬ 
petent jurisdiction to try any such offence, or in his Majesty’s court of 
king’s bench in England; and in case of any prosecution for such 
offence in the court of king’s bench, the venue may be laid in the 
county of Middlesex. § 58. 

Pendency of suits arising out of the Spanish and Portuguese treaties , 
before the commissions , shall be a bar to any other suit. —The pendency 
of any suit before the said commissioners for the condemnation or 
restitution of any ship, or cargo, or slaves, taken by virtue of the said 
treaties with Spain and Portugal, or instructions thereto annexed, or 
the final adjudication, or judgment thereupon, may be pleaded in bar, or 
given in evidence under the general issue, and shall be deemed in any 
court to be a complete bar in any action, suit, or proceeding, under the 
authority of the said treaties or conventions, or of the instructions 
thereto annexed. § 59. 

Mixed courts under the Netherland treaty shall be the only tribunal. 
—It shall not be lawful for any person to commence, prosecute, or 
proceed in any claim, action, or suit whatever, in the high court of 
admiralty, or in any other court, or before any judges or persons 
whomsoever, other than the several mixed courts of justice appointed 
under the treaty of the Netherlands and this act, for the condemnation 
or restitution of any ship, or cargo, or slaves, or for any compensation 
or indemnification for any loss, or for any injury sustained by such 
ship, cargo, or slaves, or by any persons on board any such ship, in 
consequence of any capture, seizure, or detention, under the authority 
of the provisions of the said treaty with the Netherlands, or of the 
instructions thereto annexed, or of this act; and the pendency of any 
claim, suit, or proceeding instituted, or which may be instituted before 
any of the said mixed courts, so to be appointed under the authority 
of the said treaty with the Netherlands, and this act, for the condemna¬ 
tion or restitution of any ship, or cargo, or slaves, taken, seized, or 
detained by virtue of the said treaty with the Netherlands, or of the 
instructions thereto annexed, may in like manner be pleaded in bar, or 
given in evidence under the general issue ; and every such plea in bar, 
or evidence so given, shall be deemed a complete bar to any such claim, 
action, suit, or proceeding in the said high court of admiralty, or in 
any court or place other than such mixed courts. § 60. 

Jurisdiction of prize appeal and admiralty courts. —Provided 
always, that it shall be lawful for the lords commissioners of appeal 
in prize causes, and for the high court of admiralty, in all cases and 
questions arising out of the said captures that may be depending be¬ 
fore them, or that may be brought before them on appeal from any 
vice-admiralty court, according to their respective jurisdictions, (except 
in such cases as are by this act expressly excepted,) to proceed therein, 
and to hear and determine all questions respecting any right or interest 
in or to the same, to which his Majesty, or the captors, or seizors of 
such ships, vessels, or cargoes, may claim to be entitled by reason of 
the capture thereof, and the laws relating thereto, and to enforce 
their judgments and orders therein by the usual process of the said 
courts. § 61. 

Proceeds , in case of captors not establishing their rights, to be paid to 
the use of his Majesty. —In all cases of Spanish and Portuguese ships 
captured and proceeded against, and for which indemnification has or 


SLAVE TRADE. 1089 

may be made, in pursuance of the said treaties or conventions, and in 
which tne captors shall not establish any right or interest, it shall be 
lawful for the said court to order the ships, vessels, and cargoes, or 
the proceeds thereof, to which the captors shall not establish any right 
01 interest, to be delivered or paid to the use of his Majesty, to such 
persons as the said commissioners of the treasury shall appoint to 
receive the same, and to enforce the delivery or the payment thereof 
by the usual process as in cases of prize. § 62. 

Papers and proceedings in the vice-admiralty court at Sierra Leone. 
—-It shall be lawful for the commissioners of the treasury to direct the 
original papers and proceedings respecting all ships, vessels, and 
cargoes belonging to any ot the subjects of Spain, Portugal, or the 
Netherlands, condemned in the vice-admiralty court at Sierra Leone 
since the 17th February, 1815, to be transmitted to the registry of the 
high court of admiralty of England ; and further, to direct the pro¬ 
ceeds, in whosoever possession the same may be, to be remitted and 
paid for the use of his Majesty, in such manner as the commissioners 
of the treasury may direct; and it shall be lawful for the said com¬ 
missioners of the treasury, to institute proceedings in the high court 
of admiralty, against any persons in possession of the said proceeds, 
for the purpose of obtaining payment of the same, and to reward the 
captors in all cases where contravention of treaty has taken place, by 
granting to them one moiety of the proceeds ; and the remaining 
moiety shall be paid to such persons as the commissioners shall direct 
to receive the same for the use of his Majesty. § 63. 

IVhere commissioners for Portuguese claims award indemnification. 
—The captors shall not be entitled to any such reward, where the 
mixed commission, established in London for the adjudication of the 
claims of Portuguese subjects, have awarded or may hereafter award 
indemnification to be made to the Portuguese owners. § 64. 

Charges of proceedings to be paid out of the proceeds , 8fc. —In every 
seizure of any ship for being engaged in the illicit traffic of slaves, by 
any of his Majesty’s ships of war, or any ship duly commissioned by 
any governor or lieutenant-governor of any of his Majesty’s colonies, in 
which it shall appear to the satisfaction of the commissioners of the 
treasury, that such seizure has not been wantonly or improperly made, 
it shall be lawful for the commissioners of the treasury to direct that 
all the costs incurred by the persons making such seizures relating 
thereto, shall be paid out of the proceeds of such capture, or out of 
any of the proceeds of the said vessels or cargoes, paid to the order of 
the commissioners of the treasury under this act. § 65. 

Captors of vessels and cargoes condemned confirmed in the possession 
of the proceeds. —Wherever ships and cargoes captured by any of his 
Majesty’s ships of war, or by any ship commissioned by any governor 
or lieutenant-governor of any of his Majesty’s colonies, have been in 
fact condemned for illicit trading in slaves, contrary to the treaties or 
conventions, and where distribution of the proceeds has been made 
prior to the 10th July, 1821, the said captors shall be confirmed in the 
possession of the said proceeds. § 66. 

Captors of vessels after condemned entitled to the moiety of the pro¬ 
ceeds belonging to his Majesty. —Where any ship employed in illicit 
traffic, in violation of any of the said conventions, shall be seized by 
any ship belonging to his Majesty, and shall be afterwards condemned 
in virtue of the treaties or conventions, there shall be paid to the cap- 
tors the moiety to which his Majesty is entitled ; the said moiety to be 

4 A 


1090 SLAVE TRADE. 

distributed in manner hereafter directed for the distribution of bounties 
on slaves taken. § 67. 

A bounty of £ 10 for every slave found on board of vessels seized and 
condemned. —There shall be paid out of the consolidated fund, a bounty 
of .£10 for every man, woman, and child slave seized and found on 
board any ship taken, and by the commissioners condemned for illicit 
traffic, in violation of any of the provisions of the said conventions, 
such bounty to be paid by order from the commissioners of the trea¬ 
sury, and to be distributed amongst the captors, in such manner and 
proportions as his Majesty shall think fit to order, by any orders in 
council, or proclamation for that purpose. § 68. 

Bounty of £10 to be paid for every slave found on board of vessels 
of Portugal , Spain , and Netherlands. —In all captures of Portuguese 
vessels, made by any of his Majesty’s ships of war, or any ship duly 
commissioned by any governor or lieutenant-governor of any of his 
Majesty’s colonies, between the 1st of June 1814, and the 28th of July, 
1817, which said vessels shall have violated any treaty or convention 
with Portugal, there shall be paid a like bounty of £10 for every man, 
woman, and child slave so seized; and in all captures of vessels be¬ 
longing to Spain, Portugal, or the Netherlands, captured by any of 
his Majesty’s ships authorized under the provisions of the said treaties, 
prior to the passing of this act, and condemned for contravention of 
the provisions thereof, there shall be paid a like bounty of £10 for 
every man, woman, and child slave found on board, to be distributed 
to the captors, in the same manner as hereinbefore directed : Provided 
always, that in all cases in which the proceeds shall have been distri¬ 
buted among the captors, and allowed to be retained by such captors, 
under this act, the amount of the moiety of the proceeds shall be 
deducted from such bounties. § 69. 

Proceeds and bounties to be distributed as the treasury shall direct .— 
In all cases where any bounties, or proceeds, are by virtue of this act 
given to any capturing vessel, the said proceeds and bounties shall be 
distributed in such manner as the commissioners of the treasury shall 
direct or appoint. § 70. 

Parties claiming benefit under this act may resort to the court of 
admiralty. —Any parties claiming any benefit by way of bounty or 
share of the proceeds, for the seizure of any Spanish, Portuguese, or 
Netherland vessels, for violation of treaty or convention, may resort to 
the high court of admiralty for the purpose of obtaining the judgment 
of the said court; and it shall be lawful for the judge of the said high 
court of admiralty to determine thereon, and also to hear and deter¬ 
mine any question of joint capture which may arise, and enforce any 
decree of any of the mixed commission courts established in pursuance 
of treaties with foreign powers, and the decrees of the vice-admiralty 
court relating to any seizure under this act. § 71. 

Where slaves taken as prize shall not have been condemned. —Where 
any slaves, or persons treated as slaves, have been, prior to the pass¬ 
ing of this act, or shall be hereafter taken as prize of war, or trading 
contrary to the provisions of the treaties, or as liable to forfeiture for 
any offence committed against this act, but who shall not have been 
condemned, or shall not have been delivered over in consequence of 
death, sickness, or other inevitable circumstance, it shall be lawful for 
the commissioners of the treasury, if to their discretion it shall seem 
meet, by warrant, signed by three or more of them, to direct the pay¬ 
ment out of the consolidated fund, of one moiety of he bounty which 


SLAVE TRADE. 109 J 

would have been due in each case if the slaves had been delivered 
over. § 72. 

Judgment against the seizor , or seizure relinquished. —When any 
seizure shall be made, or prosecution instituted, and judgment shall be 
given against the seizor or prosecutor, or such seizure shall be relin¬ 
quished, it shall be lawful for the commissioners of the treasury, if to 
their discretion it shall seem meet, by warrant, signed by three or 
more of them, to direct payment to be made out of the consolidated 
tund of such costs, damages, and expenses as the said seizor or 
prosecutor may be liable to pay, or any proportionate part thereof. 

3 # Oi 

Liability of seizors not taken away.— It shall be lawful for the com¬ 
missioners of the treasury, if to their discretion it shall seem meet, by 
warrant signed by three or more of them, to direct payment to be made 
out of the consolidated fund, of any money awarded by the mixed 
commission courts to be due on account of any unlawful seizure or 
detention: Provided, that nothing herein contained shall exempt the 
seizor from his liability to make good the payments so made, when 
lawfully called upon by order of the said commissioners. § 74. 

Return of all cases adjudged for the preceding six months. —The 
registrars of the several vice-admiralty courts, and also the commissary 
judges and commissioners of arbitration of the mixed commission 
courts, shall, on the 5th of January and 1st of July in every year, 
transmit to the commissioners of the treasury a list or return of all 
cases which shall have been adjudged in the said courts under this act, 
during six months preceding, together with the names of the seizors, 
and the dates of the seizures and sentences, together with an account 
of the state of the property, according to the schedule marked (A.) to 
this act annexed. § 75. 

Forfeitures to his Majesty. —All sums of money accruing to his 
Majesty from any forfeiture, penalty, or condemnation under this act, 
shall be paid over to such persons as his Majesty may please to 
appoint, for the use of his Majesty. § 76. 

Regulations to iqhich prize agents are liable extended to this act. —All 
the provisions, rules, regulations, forfeitures, and penalties respecting 
the delivery by prize agents of accounts for examination, and the dis¬ 
tribution of prize money, and the accounting for and paying over the 
proceeds of prize and the per centage due thereon to Greenwich hos¬ 
pital, shall be extended to all bounties and proceeds to be distributed 
under the provisions of this act to the officers and crews of any of his 
Majesty’s ships of war, whether the said bounty and proceeds shall be 
paid to prize agents, or to any other persons authorized to receive the 
same for the use of the officers and crews. § 77. 

In all actions commenced under this act defendant may plead the 
general issue. —And if the jury find for the defendant, &c. &c. the 
defendant shall recover treble costs. § 78. 

Treaties , &;c. not to alter any other part of this act. —Nothing in this 
act contained in relation to the said treaties, conventions, regulations, 
or instructions, shall extend to alter, suspend, affect, relax, or repeal 
any of the clauses contained in any other part of this act. § 79. 

This act not to alter any of the said treaties , fyc. —Nothing in the 
other parts of this act, shall extend to alter, suspend, affect, relax, or 
repeal any of the clauses, penalties, forfeitures, or punishments con¬ 
tained in that part of this act which relates to the said treaties, con 
ventions, regulations, or instructions. § 80. 

4 a 2 


1092 SLAVE TRADE. 

This act may he repealed, altered, or amended during this present 
session. § SJ. 

This act shall commence from and after the first day of January, 
1825. §82., 


SCHEDULE (A.) referred to by this Act. 


Property 

Seized, 

Seizor. 

’ 

Date of 
Sentence. 

r 

i 

Decretal part of 
Sentence, whether 
forfeiture or resti¬ 
tution. 

Whether property con¬ 
demned has been sold 
or converted, and whe¬ 
ther any part remains 
unsold, and in whose 
hands the proceeds re¬ 
main. 

' 


i 

* 

1 



9 Geo. IV. c. 84. 


An Act to continue an Act for amending and consolidating the Laws 
relating to the Abolition of the Slave Trade. 

Powers vested in his Majesty in council by 5 Geo. IV. c. 113. § 15.* 
continued until July 31, 1829, and further until the end of the then 
next session of parliament, if parliament be then sitting. § 1. 

In colonies where no custom house is established , the governor may 
appoint some person to grant clearances and certificates for the removal 
of slaves. —And whereas it is by the said act, amongst other things, 
provided, that where two or more islands are comprised in the same 
colonial government, nothing therein contained shall prevent or be con¬ 
strued to prevent any proprietor of slaves, lawfully being in any one of 
such islands, from carrying away or removing such slaves to any other 
island within the same government, for the purpose of cultivating any 
estate or plantation belonging to such proprietor himself; provided that 
such special purpose of the removal shall previously be made to appear 
to the satisfaction of the governor or lieutenant-governor, or other per¬ 
son having the chief civil command within such government, who 
thereupon shall and may grant a licence for such removal, specifying 
therein the special cause thereof; but it is enacted, that before any 
slave or slaves shall, by virtue of any such licence, be so removed or 
embarked on board of any ship or vessel for that purpose, such clear¬ 
ances or permits, and such certificates, shall be obtained as are therein¬ 
after mentioned and directed in regard to domestic slaves attending on 


See page 1074. 


















1093 


SLAVE TRADE. 

their owner or master or his family by sea; and it is by the said act 
further provided, that nothing therein contained shall prevent any 
slave, who shall be really and truly the domestic servant of any person 
residing or being in any island, colony, plantation, or territory belong¬ 
ing to his Majesty, from attending such his owner or master or any 
part of his family, by sea, to any place whatever; nevertheless, under 
certain regulations therein mentioned, and especially under the regula¬ 
tion that the name and occupation of every such domestic slave shall be 
inserted in or endorsed upon the clearance or permit to depart of such 
ship or vessel, by or in the presence of the collector, comptroller, or 
other chief officer of the customs of the port or place from which such 
ship shall clear outwards on any voyage, who shall, without fee or re¬ 
ward, certify under his hand that the slave so embarked or carried was 
reported or described to him as a domestic servant: and whereas it may 
be necessary to effect a removal of slaves, under the provisions aforesaid, 
from islands in which no custom house is established, and in such cases 
it would be impossible to comply with the regulations aforesaid ; it is 
therefore enacted, that it shall be lawful for the governor, or other per¬ 
son administering the government in any of his Majesty’s colonies, by 
commission under his hand and seal, to appoint some fit person or 
persons in any one or more island or islands in any such colony wherein 
no custom house shall be established, for the special purpose of granting 
such clearances and certificates as aforesaid: and all clearances and 
certificates to be granted by any person so appointed shall be to all in¬ 
tents and purposes as valid and effectual as if the same had been 
granted by any collector, &c. as in the said recited act in that behalf 
mentioned : Provided, that every such commission shall and may from 
time to time be revoked and renewed by any such governor as occasion 
may require. § 2. 

1 Wm. IV. c. 55. 

An Act to reduce the Rate of Bounties payable upon the seizure of 

Slaves. 

Former bounties repealed. New bounties * —For all slaves seized 
from and after October 5, 1830, the different rates of bounties granted 
by 5 Geo. IV. c. 113., and 7 & 8 Geo. IV. c. 74. are repealed ; and in 
lieu of the former bounties, there shall be paid, out of the consolidated 
fund of the United Kingdom, to the seizor, or to the seizor and gover¬ 
nor respectively, in those cases where the governor of any of his Ma¬ 
jesty’s colonies or plantations, is or may be entitled, a bounty of 5/. 
each, upon every man, woman, and child slave seized and condemned 
as forfeited or delivered over agreeably to the several provisions of the 
said acts. § 1. 

In some cases , without decree of forfeiture, moiety of bounty may be 
allowed. —Provided that where any slaves shall be seized after October 
5, 1830, and shall be considered liable to forfeiture under the provisions 
of the treaties with Portugal, Spain, the Netherlands, and the Brazils, 
but who shall not have been pronounced forfeited in consequence of 
death, sickness, or other inevitable circumstance, it shall be lawful for 
the commissioners of his Majesty’s treasury, if to their discretion it 
shall seem meet, to direct payment of one moiety of the bounty which 
would have been due if the said slaves had been proceeded against and 
pronounced forfeited. § 2. 

* These have been transferred to the Admiralty by 2 Wm. IV. c. 80. § 20. 




1094 


SLAVE TRADE. 


The Order In Council directing the distribution of the proceeds of 
slave ships and bounties is dated 14 March, 1827. (Gazetted 30 March, 
1827.) 

New regulations will also be found in an Order of 30 June, 1827. 
(Gazetted 6 July, 1827.) 

7 and 8 Geo. IV. c. 54. 

An Act to carry into effect the Treaty with Sweden relative to the 
Slave Trade. (2 July , 1827.) 

By this act British ships of war are duly authorized to seize Swedish 
vessels acting contrary to the Treaty between Sweden and Great Bri¬ 
tain, dated 6 Nov. 1824. § 1. 

British vessels trading in slaves subject to seizure by British or 
Swedish vessels, and to condemnation by judges appointed according 
to the Treaty. § 2. 

How claims are to be made for ships seized, see § 9. and the Treaty. 
*** For this Treaty see A Complete Collection of Treaties between 
Great Britain and Foreign Powers, by Lewis Hertslet, Esq.— 
Butterworth, Fleet-street. 

7 and 8 Geo. IV. c. 74. 

An Act to carry into Execution a Convention between His Majesty and 
the Emperor of Brazil , for the Regulation and Abolition of the 
African Slave Trade. (2 July , 1827.) 

After reciting that by a Convention signed at Rio de Janeiro, 23 Nov. 
1826, it was agreed between the two powers that the slave trade should 
be abolished,—it provides that the powers in the acts of the 5 Geo. IV. 
c. 113.—58 Geo. III. c. 85.—and 59 Geo. III. c. 17. should be ap¬ 
plied in the execution of the Treaty with the Emperor of Brazil. 

*** For this Convention, see also Hertslet’s Collection of Treaties. 


CONVENTION between his MAJESTY and the KING of the FRENCH, for the 
more effectual Suppression of the Traffic in Slaves. 

The Courts of Great Britain and of France being desirous of rendering more effec¬ 
tual the means of suppression which have hitherto been in force against the criminal 
traffic known under the name of “ The Slave Trade,” they have deemed it expedient 
to negotiate and conclude a Convention for the attainment of so salutary an object; 
and they have to this end named as their plenipotentiaries, that is to say— 

His Majesty the King of the United Kingdom of Great Britain and Ireland, the 
Right Honourable Viscount Granville, Peer of Parliament, Member of the Privy 
Council, Knight Grand Cross of the Most Honourable Order of the Bath, Ambassa¬ 
dor Extraordinary and Plenipotentiary at the Court of France ; 

And his Majesty the King of the French, the Lieutenant-General Count Horace 
Sebastiani, Grand Cross of the Order of the Legion of Honour, Member of the Cham¬ 
ber of Deputies of the Departments, and Minister and Secretary of State for the De¬ 
partment of Foreign Affairs ; 

Who, after having exchanged their full powers, found to be in due form, have signed 
the following articles:— 

Article 1.—The mutual right of search may be exercised on board the vessels of 
each of the two nations, but only within the waters hereinafter described, namely,— 

1st. Along the western coast of Africa, from Cape Verd to the distance of 10 de¬ 
grees to the south of the Equator,—that is to say, from the 10th degree of south lati¬ 
tude to the 15th degree of north latitude, and as far as the 30th degree of west longi¬ 
tude, reckoning from the meridian of Paris. 

‘2d. All round the island of Madagascar, to the extent of 20 leagues from that 
island. 



1095 


SLAVE TRADE. 

3d. To the same distance from the coasts of the island of Cuba. 

4th. To the same distance from the coasts of the island of Porto Rico. 

5th. To the same distance from the coasts of Brazil. 

It is, however, understood that a suspected vessel descried and begun to be chased 
by the cruisers whilst within the said space of 20 leagues, may be searched by them 
beyond those limits, if, without having ever lost sight of her, they should only suc¬ 
ceed in coming up with her at a greater distance from the coast. 

2. —The right of searching merchant vessels of either of the two nations in the 
waters hereinbefore mentioned, shall be exercised only by ships of war whose com¬ 
manders shall have the rank of captain, or at least that of lieutenant, in the navy. 

3. —The number of ships to be invested with this right shall be fixed, each year, by 
a special agreement. The number for each nation need not be the same, but in no 
case shall the number of the cruisers of the one nation be more than double the num¬ 
ber of the cruisers of the other. 

4. —The names of the ships and of their commanders shall be communicated by 
each of the contracting governments to the other, and information shall be reciprocally 
given of all changes which may take place in the cruisers. 

5. —Instructions shall be drawn up and agreed upon in common by the two govern¬ 
ments for the cruisers of both nations, which cruisers shall afford to each other mutual 
assistance in all circumstances in which it may be useful that they should act in con¬ 
cert. 

The ships of war authorized "to exercise the reciprocal right of search shall be fur¬ 
nished with a special authority from each of the two governments. 

6. —Whenever a cruiser shall have chased and overtaken a merchant-vessel as liable 
to suspicion, the commanding officer, before he proceeds to the search, shall exhibit to 
the captain of the merchant-vessel the special orders which confer upon him, by excep¬ 
tion, the right to visit her; and in case he shall ascertain the ship’s papers to be regu¬ 
lar, and her proceedings lawful, he shall certify upon the log-book of the vessel that 
the search took place only in virtue of the said orders: these formalities having been 
completed, the vessel shall be at liberty to continue her course. 

7. —The vessels captured for being engaged in the slave-trade, O'” as being suspected 
of being fitted out for that infamous traffic, shall, together with their crews, be de¬ 
livered over, without delay, to the jurisdiction of the nation to which they shall belong. 
It is furthermore distinctly understood, that they shall only be judged according to 
the laws in force in their respective countries. 

8. —In no case shall the right of mutual search be exercised upon the ships of war 
of either nation. 

The two governments shall agree upon a particular signal, with which those cruisers 
only shall be furnished which are invested with this right, and which signal shall not 
be made known to any other ship not employed upon this service. 

9. —The high contracting parties to the present treaty agree to invite the other 
maritime powers to accede to it within as short a period as possible. 

10. —The present Convention shall be ratified, and the ratifications of it shall be 
exchanged, within one month, or sooner, if it be possible. 

In faith of which the plenipotentiaries have signed the present Convention, and have 
affixed thereto the seal of their arms. 

Done at Paris, the 30th of November, 1831. 


GRANVILLE, (L. S.) 


HORACE SEBASTIANI, (L. S.) 




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PRIVATEERS. 


J097 


CHAPTER VIII. 


PRIVATEERS AND FOREIGN ENLISTMENT. 


Of Privateers, or private Ships of War. 


Privateers are vessels which have a commission which empowers them 
to appropriate to their own use whatever prize they make, after legal 
condemnation ; and, in case we are at. war with more potentates than 
one, they must have commissions for acting against each of them ; 
otherwise, if a captain, carrying only one against the Spaniards, should 
in his course meet with and take a Frenchman, this prize is not good, 
but would be taken from him by any man of war he met. 

In some of these adventures, the men on board goon the terms of no 
prize no pay; in this case, the produce of whatsoever is taken goes half 
to the ship, (for the owners,) and half to the men, divided among them 
according to the articles of agreement; but, when the men sail for 
wages, the captures appertain entirely to the owners, except a small part, 
which is commonly stipulated to be given the sailors, extra of their 
wages, in order to animate them in their behaviour; and both ways of 
arming are regulated by the articles entered into between the owners 
and mariners, of which a copy is hereto subjoined. 

No privateers may attempt any thing against the law of nations, as 
to assault an enemy in a port or haven under the protection of any prince 
or republic, be he friend, ally, or neutral; for the peace of such place 
must be kept inviolable.—Molloy de Jur. Mar. p. 49. 

To preserve the different treaties made with other states, security is 
required of responsible men (not concerned in the ship) to the value of 
1500/. for all ships carrying less than 150 men, and 3000/. for every 
ship carrying more, that they will give full satisfaction for any damage or 
injury that they shall commit in their courses at sea, contrary to, and in 
breach of any of these treaties, and also under the penalties of forfeiting 
their commissions, and for which their ships are likewise made liable. 

By several of our treaties* with European powers, (especially Spain, 
Holland, and Denmark,) it is recited that, “ whereas the masters 
of merchant-ships, and likewise the mariners and passengers do 
sometimes suffer many cruelties and barbarous usage when they 


* A complete Collection of the Treaties subsisting between Great Britain and 
Foreign Powers has been published by Lewis Hertslet, Esq.., Librarian of the Foreign 
Office, from authentic documents.—Butterworth, Fleet-street, 1827. 




1098 PRIVATEERS. 

are brought under the power of ships, which take prizes in the 
time of war, the takers, in an inhuman manner, tormenting them, 
thereby to extort from them such confessions as they would have 
to be made; it is agreed that both his Majesty and the States- 
General shall, by the severest proclamations, forbid all such 
heinous and inhuman offences, and as many as they shall, by lawful 
proofs, find guilty of such acts, they shall take care that they be 
punished with due and just punishment, and which may he a terror to 
others; and shall command that all captains and officers of ships, who 
shall be proved to have committed such heinous practices, either them¬ 
selves, or by instigating others to act the same, or by conniving while 
they were done, shall (besides other punishments to be inflicted pro¬ 
portionally to their offences) be forthwith deprived of their office, re¬ 
spectively. And every ship, brought up as a prize, whose mariners or 
passengers shall have suffered any torture, shall forthwith be dismissed 
and freed, with all her lading, from all farther proceedings and ex¬ 
aminations against her, as well judicial as otherwise.” 

It is a general stipulation too, in most of our treaties, that ships 
may sail to, and trade with, all kingdoms, countries, and estates, 
which shall be in peace, amity, or neutrality, with the princes whose 
flags they carry, and who are then at peace with the contracting 
parties, and are not to be molested, provided such ships are not 
bearers of contraband goods. 

And, to avoid disputes about the understanding the term of contra¬ 
band goods, they have been expressly determined to be only arms, 
pieces of ordnance, with all implements belonging to them, fire-balls, 
powders, matches, bullets, pikes, swords, lances, spears, halberts, guns, 
mortar-pieces, petards, bombs, grenades, fire-crancels, pitched-hoops, 
carriages, musket-rests, bandeliers, saltpetre, musket-shot, helmets, 
corslets, breastplates, coats of mail, and the like kind of armature; 
soldiers, horses, and all things necessary for the furniture of horses; 
holsters, belts, and all other warlike instruments whatever. 

All other goods whatsoever are generally by such treaties per¬ 
mitted freely to be carried, except to places besieged; and therefore 
a privateer will have no right to put a hinderance thereto: but, if he 
make a prize of a ship loaden entirely with the above-mentioned 
contraband goods, both ship and loading will be condemned; and, if 
part be prohibited goods, and the other part not, the former only will 
become a prize, and the ship and the remainder be set free; and, in 
case the captain of the merchant-ship deliver to the captor that 
part of his cargo which is prohibited, the other shall receive it, with¬ 
out compelling the merchantman to go out of her course to any port 
he thinks fit, but shall forthwith dismiss her, and upon no account 
hinder her from freely prosecuting her intended voyage. 

If such ships be attacked, in order to be examined, and refuse sub¬ 
mitting thereto, they may be assaulted and entered by force. But, if 
any persons on board do not yield and surrender, those that resist 
may be slain.—Molloy de Jure Mar. p. 52. § 13. See Ditto on 
Reprisals, § 20. Ditto, § 14. 

But, if any privateer wilfully commit any spoil, depredation, or any 
other injuries, either on the ships of friends or neuters, or on the ship 
or goods of their fellow subjects, they will be punished, in proportion 
to the crime, either with death or otherwise; and the vessels are sub¬ 
ject to forfeiture. 


PRIVATEERS. 1099 

Whether a ship taken he lawful prize, or not, shall be tried in the 
Admiralty. 

If two ships with letter of marque accidentally meet with a prize 
at sea, though only one attack and take her, yet the other, being in 
sight, shall have an equal share of the prize, though he afforded no 
assistance in the capture; because his presence, however, struck a 
terror in the enemy, and made him yield; which perhaps he would 
not have done, had his conqueror been single: so that all ships that 
are in sight, though they cannot come up to assist in the engagement, 
are entitled by the common law to an equal distribution of the spoil. 
—Mich. 32 Eliz., Somers and Sir Richard Bulkley’s case. Leonard 2, 
p. 182. And where there is a joint capture by several privateers, they 
are to share in proportion to the number of men in each.—Roberts 
v. Hartley, Doug. 311. 

But, if those to whom letters of marque are granted, should, instead, 
of taking the ship and goods appertaining to that nation against which 
the said letters are awarded, wilfully take or spoil the goods of an¬ 
other nation in amity, this would amount to a downright piracy , and 
the persons so offending would, for such act, forfeit their vessel, (and 
the penalties in which their securities are bound on taking out such 
letters,) notwithstanding their commission: but this must be under¬ 
stood where such capture is done in a piratical manner; for, if it 
be made upon a strong presumption, supported by many circum¬ 
stances and appearances, that a capture is justifiable, as appearing 
to belong to him against whom the reprisals are granted, though, upon 
examination, it proved otherwise, and the suffering parties have their 
ship and goods restored, yet the captors are not liable to punishment, 
though sometimes they may be subject to damages. On the contrary, 
they are justified in endeavouring to recover their right, or distress 
the enemy, (for which the letters were granted them,) though in effect¬ 
ing it they may be deceived, as it is natural for the enemy to cover 
their property in the best manner they can. It would be impossible 
always to determine the affair at sea, therefore it is allowable to bring 
a dubious capture into port, in order to more nice and just scrutiny 
and inspection; otherwise the goods of an enemy would often escape. 
However, to guard against unlawful seizures, the government have 
w isely directed sufficient caution to be given (as before mentioned) for 
the due observance of the letters according to law, before they permit 
their issuing; and, when there is a breach committed, the penalties 
are inflicted.—Roll’s Abridg. p. 530.—Moor. 776. 


'The following are such Articles of Agreement as have commonly been 
entered into by the Captains of Privateers and their Crews. 

Articles agreed between Captain A. B., commander of the private ship of war, 
called the Terrible, (with twenty guns mounted, carrying nine-pound shot, twenty 
brass patcreroes, four mortars, and some wall-pieces,) manned with two hundred 
men, now lying in Church-hole, (designed to cruise against the French and 
Spaniards,) on the one part, and the said ship’s company on the other, witnesseth, 
l. That the said captain A. B., for himself, and in behalf of the owners of the 
said ship Terrible, shall put on board her great guns, swivels, powder, shot, and all 
other warlike ammunition necessary for them ; as also small arms, and provisions 
sufficient for the said ship’s company for a six months’ cruise at sea from their sail- 


1100 


PRIVATEERS. 


ing from the Downs ; in consideration of which, the owners, or their assigns, shall be 
reimbursed (out of the first prize or prizes taken by the said ship Terrible before any 
dividend is made thereof,) the whole charge of warlike stores, (great guns and small 
arms excepted,) victualling, advance-money, and the expenses the owners are at for 
surgeon’s chest and a set of music ; after which, one half of the net proceeds of such 
prize or prizes, as shall be taken, to be for the account of the owners, and at the dis¬ 
position of the managers ; and the other half of such net proceeds to be the net 
property of the ship’s company; the captain’s share of which to be six (in some eight ) 
per cent., and the residue to be divided in the proportions mentioned in the eleventh 
article of these presents. 

2. That, for preserving decorum on board the said private ship of war, no man is 
to quit or go out of her, on board of any other vessel or vessels, or on shore, without 
leave obtained of the commanding officer on board, under the penalty of such punish¬ 
ment as shall be esteemed proper by the captain and officers. 

3. That it shall be entirely in the captain’s power to cruise where he shall esteem 
most beneficial to the interest of the owners and ship’s company. 

(In some, it is to cruise where the managers, and, in others, where the owners,* 
shall direct.) 

4. That if any person be found a ringleader of mutiny, or causing a disturbance 
on board, refuse to obey the command of the captain and officers, behave with 
cowardice, or get drunk in time of action, he or they shall forfeit their share, to 
be divided amongst the ship’s company, and be otherwise punished according to 
law, 

5. That all clothes, bedding, watches and rings in wear, buttons, buckles, and 
>vhat else is deemed small plunder by custom, is to be divided amongst the ship’s 
company, according to their several stations, the captain not to interfere with them, 
the cabin utensils in present use for the commander. 

6. That if any person shall steal, or convert to his use, any part of the prize or 
prizes, or be found pilfering any money or goods, and be convicted thereof, he shall 
forfeit his share to the ship and company. 

7. The captain has the power of taking out of any prize or prizes, whatever stores 
he may judge necessary for the ship Terrible, without paying for them ; provided 
the prize is not disabled thereby. 

8. That whosoever first spies a sail, which proves to be a prize, shall have seven 
pounds, (in some only one guinea, in others, five,) and the first man proved to board 
a prize before she strikes, shall have a gratuity of ten pounds (in some ten, and in 
others fifteen guineas) for his braveiy, to be deducted out of the gross sum of the 
prize. 

9. That, if any private man shall lose a leg, arm, or eyes, in the time of action, or 
in the ship’s service, he shall, besides the advantage of Greenwich-hospital, have a 
gratuity of £25, and in proportion to the officers, exclusive of shares ; (in others 
ordy £20 to a private man, £50 to the captain, £40 to the first lieutenant, and £30 
to each of the other lieutenants, master, and surgeon ;) the said sum to be deducted 
out of the gross sum of the prize ; and, in case of mortality under cure, the said 
gratuity and shares to be made good to their assigns. 

10. That, for the further encouragement of the said private ship of war’s com¬ 
pany, it is-agreed that the chief officers shall have six guineas, the petty officers and 
able seamen five guineas, able-bodied landmen three guineas, and boys one guinea, 
advanced to them in the Hope, (in some, the officers and seamen have only five 
guineas, and the landmen two.) 

11. That the half of the net proceeds of all prizes taken by the ship Terrible, 
which is appropriated to the ship’s company, be divided amongst them in the man¬ 
ner following, after the captain’s six or eight per cent, (as shall be agreed) is takeu 
thereout as above. 

When the captain has not the above-mentioned six or eight per cent., but divides 
with the ship’s company, he commonly has twelve shares, as follows, viz. 


PRIVATEERS. 


1101 


Shares. 

The captain... 12 

The lieutenant.5$ to 6 

The second lieutenant. 4 a to 6 

The third lieutenant.to 5 

The master .3| to 5 

The first mate .3 to 4 

The second mate.2 to 3 

The surgeon.3 a to 4 

The surgeon’s mate.to 3 

The lieutenant of marines.3 to 4 

The gunner.3 

The gunner’s mates, to each.2 

The carpenter.3 

The carpenter’s mates, to each.2 

The boatswain.3 

The boatswain’s mates, to each.2 

The purser. 3 

The cooper...l£ to 2 

The music, to each of them.2 


Shares. 

The calker.2 

The master-at-arms. 1 a to 2 

The armourer.” .. 1 a 

The midshipmen, to each.l£ to 3 

The quarter-masters, to each.l£ 

The quarter-gunners, to each .. If to 2 

The corporals, to each. If to 1^ 

The sail-maker. If 

The yeom. of the powder-room .... 2 

The ship’s steward...2 

The captain’s steward.1 a 

The master of languages. If 

The captain’s clerk.2 

The ship’s cook.If to 2 

The captain’s ditto.If 

The able seamen, to each.If to 2 

The able landmen, to each.f 

The sea-boys, to each.f to f 

The land-boys, to each.f to f 


12. That, on the death of the captain, the command to devolve on the next officer, 
and so on in rotation ; and, for the encouragement of the able seamen and others, 
on the loss of officers, they are to be replaced out of the ship’s company, according 
to their gallant behaviour, as the captain shall appoint. 

13. That whoever deserts the ship Terrible, within the time herein-under-men¬ 
tioned, shall forfeit his prize-money to the owners and company, to enable them to 
procure others in their room. 

14. All and every one on board does covenant and agree to serve on board the 
said ship Terrible the term of six months, beginning at the said ship’s departure from 
the Downs. 

15. And, lastly, for the true performance of all and every the afore-mentioned 
covenants and agreements, each and every the said parties do bind themselves, their 
heirs, executors, and administrators, in the penal sum of five hundred pounds, lawful 
money of Great Britain, firmly by these presents : In witness whereof, the said 
parties to these presents have hereunto severally set their hands and seals, the 

day of in the year of our Lord 

and the (fifth) year of the reign of our sovereign Lord King George the Fourth. 


Rules of Discipline and Government , to be observed on board of a 

Private Ship of IFar. 

1. All the officers and ship’s company are to obey the captain’s 
orders with promptness and respect. 

2. The officers are strictly enjoined not to interfere with the duty 
of their superiors, or with any other than their own. 

3. The captain is to define a limited space between the main-mast 
and the stern, to be considered as a quarter-deck; upon which the 
men, unless on duty, are not to walk; such space being hereby directed 
to be considered as the parade for the officers. 

4. The officers are strictly enjoined to enforce respect, by abstaining, 
on all occasions, from familiar intercourse with the men. 

5. The chief mate and prize-masters are to be called lieutenants , 
and to be at all times treated with obedience and respect; and they 
are to have the respective charge of the watches and prizes. 

6. The boatswain and carpenter are daily to examine the masts, 
spars, and rigging; and are to report any defects found therein to the 
captain, commanding officer, or officer of the watch, either at eight in 
the morning, twelve at noon, or eight at night. 






































PRIVATEERS. 


1102 

7. The gunner is constantly and invariably to inspect the magazine, 
and is to request orders from time to time, or at any time he may 
deem it requisite, from the captain, commanding officer, or officer of 
the watch, respecting the quantity of powder to be filled ; which 
orders, whether general or particular, he is most strictly to attend to; 
and to take all necessary precautions of safety ; and he is, at all times, 
to report any improper or dangerous use of lights in any part of the 
vessel. 

8. The steward has charge (under the direction of the captain, 
commanding officer, or officer of the watch) of the provisions, and is 
to issue them out at the times, and in the quantities, that shall be 
specified: and he is most strictly to abide by the orders only which 
he may receive. 

9. The boatswain , gunner , carpenter , and steward , are respectively 
to keep an account of, and to be responsible for, the respective stores 
intrusted to their care: and all the officers and men are to be par¬ 
ticularly careful of the water. 

10. The surgeon is to be comfortably accommodated, and treated 
with respect. No person but the captain, or commanding officer, or 
officer of the watch, is to interfere in his department; and he is not to 
interfere in the duty or department of any other officer. 

11. The master at arms is to notice any improper behaviour or 
defect of cleanliness in the people between decks, and to report it to 
the captain or officer of the watch; he is also, with the ship’s cor¬ 
poral in their respective watches, to see that the sentinels are on the 
quarter-deck, or in any other part of the ship to which they may be 
appointed ; and that they perform their duty by night and by day : 
he is, also, to see them regularly relieved in their watches and to 
their meals. He is, likewise, to see all lights out between decks, every 
night at eight o’clock, unless orders to the contrary are given by the 
commanding officer. 

12. The cook is to pay due attention to the cooking of the people’s 
victuals, and he must not only have it ready at twelve o’clock at noon, 
but have it cooked clean and comfortable for them. He is also 
required to be careful of the fire and water, and to keep the galley 
clear of all idlers, so that he may not be incommoded in the per¬ 
formance of his duty. 

13. The crew are strictly enjoined, at all times, to obedience and 
respect to the captain and officers; without which no good govern¬ 
ment can prevail: they are, one and all, to be particularly careful of 
the fires, lights, and water, and strictly to practise cleanliness, gene¬ 
rally and individually, as the great means of health and comfort. 


The following are the General Instructions to Privateers , issued under 
an Order in Council , fit the commencement of the last War with 
France , and dated 1 6th May , 1803. 

Art. 1 . Against what , and where , Letters of Marque may act has - 
tilely .—It shall be lawful for the commanders of ships authorized by 
letters of marque and reprisals for private men of war, to set upon, by 




PRIVATEERS. 1103 

force of arms, and subdue and take, the men of war, ships, and 
vessels, goods, wares, and merchandises, belonging to the French 
republic, or to any person being subjects to the French republic, or 
inhabitants within any of the territories of the French republic ; but 
so that no hostility be committed, nor prize attacked, seized, or taken, 
within the harbours of princes or states in amity with us, or in their 
rivers or roads, within the shot of their cannon, unless by permission 
of such princes or states, or of their commanders or governors in chief 
of such places. 

Art. II. Captures to be brought into port. —The commanders of 
the ships and vessels so authorized as aforesaid, shall bring all ships, 
vessels, and goods, which they shall seize and take, into such port of 
"England, or some other port of our dominions, as shall be most con¬ 
venient for them, in order to have the same legally adjudged by our 
high court of admiralty of England, or before the judge of any other 
admiralty court, lawfully authorized, within our dominions. 

Art. III. Conduct of the captors after the capture is brought into 
port. —After such ships, vessels, and goods, shall be taken and brought 
into any port, the taker, or one of his chief officers, or some other 
person present at the capture, shall be obliged to bring or send, as 
soon as possibly may be, three or four of the principal of the com¬ 
pany (whereof the master, supercargo, mate, or boatswain, to be 
always two) of every ship or vessel so brought into port, before the 
judge of our high court of admiralty of England , or his surrogate, or 
before the judge of such other admiralty court within our dominions, 
lawfully authorized as aforesaid, or such as shall be lawfully commis¬ 
sioned in that behalf, to be sworn and examined upon such interroga¬ 
tories as shall tend to the discovery of the truth, concerning the 
interest or property of such ship or ships, vessel or vessels, and of the 
goods, merchandises, and other effects, found therein ; and the taker 
shall be further obliged, at the time he produceth the company to be 
examined, and before any monition shall be issued, to bring in and 
deliver into the hands of the judge of the high court of admiralty of 
England, his surrogate, or the judge of such other admiralty court within 
our dominions, lawfully authorized, or others commissioned as afore¬ 
said, all such papers, passes, sea-briefs, charter-parties, bills of lading, 
cockets, letters, and other documents and writings, as shall be de¬ 
livered up or found on board any ship ; the taker, or one of his chief 
officers, or some other person who shall be present at the capture, and 
saw the said papers and writings delivered up, or otherwise found on 
board at the time of the capture, making oath that the said papers and 
writings are brought and delivered in as they were received and taken, 
without any fraud, addition, subduction, or embezzlement whatever, 
or otherwise to account for the same upon oath, to the satisfaction of 
the court. 

Art. IV. Not to break bulk before judgment. —The ships, vessels, 
goods, wares, merchandises, and effects, taken by virtue of letters of 
marque and reprisals as aforesaid, shall be kept and preserved, and 
no part of them shall be sold, spoiled, wasted, or diminished, and the 
bulk thereof shall not be broken, before judgment be given in the 
high court of admiralty of England, or some other court of admiralty 
lawfully authorized in that behalf, that the ships, goods, and merchan¬ 
dises are lawful prize. 


1104 PRIVATEERS. 

Art. V. Privateers to assist ships in distress. —If any ship or vessel 
belonging to us, or our subjects, shall be found in distress, by-being 
in fight set upon or taken by the enemy, or by reason of any other 
accident, the commanders, officers, and company, of such merchant- 
ships or vessels as shall have letters of marque and reprisals as afore¬ 
said, shall use their best endeavours to give aid and succour to all such 
ship and ships, and shall, to the utmost of their power, labour to free 
the same from the enemy, or any other distress. 

Art. VI. Application to the admiralty for letters of marque. —The 
commanders or owners of such ships and vessels, before the taking 
out letters of marque and reprisals, shall make application in writing, 
subscribed with their hands, to our high admiral of Great Britain, or 
our commissioners for executing that office for the time being, or the 
lieutenant or judge of the said high court of admiralty, or his surro¬ 
gate, and shall therein set forth a particular, true, and exact descrip¬ 
tion of the ship or vessel for which such letter of marque and reprisal 
is requested, specifying the burthen of such ship or vessel, and the 
number and nature of the guns, and what other warlike furniture and 
ammunition are on board the same, to what place the ship belongs, 
and name or names of the principal owner or owners of such ship or 
vessel, and the number of men intended to be put on board the same, 
and for what time they are victualled : also the names of the com¬ 
manders and officers. 

Art. VII. Correspondence with the admiralty. —The commanders 
of ships and vessels having letters of marque and reprisals, as aforesaid, 
shall hold and keep, and are hereby enjoined to hold and keep, a cor¬ 
respondence, by all conveniences, and upon all occasions, with our 
high admiral of Great Britain , or our commissioners for executing 
that office for the time being, or their secretary, so as, from time to 
time, to render or give him or them, not only an account or intelligence 
of their captures and proceedings by virtue of such commission, but 
also of whatever else shall seem unto them, or be discovered and 
declared to them, or found out by them, or by examination of, or 
conference with, any marines or passengers of or in the ships or 
vessels taken, or by any other ways or means whatsoever, touching 
or concerning the designs of the enemy, or any of their fleets, ships, 
vessels, or parties, and of the stations, sea-ports, and places, and of 
their intents therein ; and what ships or vessels of the enemy bound 
out or home, or where cruising, as they shall hear of; and of what 
else material in these cases may arrive at their knowledge, to the end 
such course may be thereon taken, and such orders given, as may be 
requisite. 

Art. VIII. What colours a privateer is to wear. —No commander 
of any ship or vessel, having a letter of marque and reprisals as afore¬ 
said, shall presume, as they will answer it at their peril, to wear any 
jack, pendant, or other ensign or colours usually borne by our ships ; 
but, besides the colours usually borne by merchants’ ships, they shall 
wear a red jack, with the union jack described in the canton, at the 
upper corner thereof, near the staff. 

Art. IX. Net to ransom any capture. —No commander of any ship 
or vessel, having a letter of marque and reprisal as aforesaid, shall 
ransom, or agree to ransom, or quit or set at liberty, any ship or 
vessel, or their cargoes, which shall be seized and taken. 


PRIVATEERS. 1105 

Art. X. To deliver their prisoners to the proper commissioners. — 
All captains or commanding officers of ships having letters of marque 
and reprisals, shall send an account of, and deliver over, what pri¬ 
soners shall be taken on board any prizes, to the commissioners 
appointed or to be appointed for the exchange of prisoners of war, or 
the persons appointed in the sea-port towns to take charge of pri¬ 
soners ; and such prisoners shall be subject only to the orders, regula¬ 
tions, and directions of the said commissioners; and no commander 
or other officer of any ship, having a letter of marque or reprisal as 
aforesaid, shall presume, upon any pretence whatsoever, to ransom 
any prisoner. 

Art. XI. Commission forfeited for acting contrary hereto. — In 
case the commander of any ship, having a letter of marque and reprisal 
as aforesaid, shall act contrary to these instructions, or any such 
further instructions of which he shall have due notice, he shall forfeit 
his commission to all intents and purposes, and shall, together with 
his bail, be proceeded against according to law, and be condemned in 
costs and damages. 

Art. XII. Copies of journals. —All commanders of ships and vessels, 
having letters of marque and reprisals, shall, by every opportunity, 
send exact copies of their journals to the secretary of the admiralty, 
and proceed to the condemnation of the prizes as soon as may be, and 
without delay. 

Art. XIII. To observe all orders. —Commanders of ships and vessels, 
having letters of marque and reprisals, shall, upon due notice being 
given to them, observe all such other instructions and orders as 
we shall think fit to direct from time to time, for the better carrying 
on this service. 

Art. XIV. Violating these instructions. — All persons who shall 
violate these or any other of our instructions, shall be severely punished, 
and also required to make full reparation to persons injured contrary 
to our instructions, for all damages they shall sustain by any capture, 
embezzlement, demurrage, or otherwise. 

Art. XV. Bail to be given. —Before any letter of marque or reprisal 
for the purposes aforesaid shall issue under seal, bail shall be given 
with sureties, before the lieutenant and judge of our high court of 
admiralty of England , or his surrogate, in the sum of three thousand 
pounds sterling, if the ship carries above one hundred and fifty men ; 
and if a less number, in the sum of fifteen hundred pounds sterling; 
which bail shall be to the effect and in the form following: 

Which day, time and place, personally appeared 

an( j who, submitting themselves 

to the jurisdiction of the high court of admiralty of England , obliged themselves, 
their heirs, executors, and administrators, unto our Sovereign Lord the King, in 
the sum of pounds of lawful money of Great 

Britain , to this effect; that is to say, that whereas 

is duly authorized by letters of marque and reprisals, with the ship called the 

of the burthen of about tons, whereof 

he the said goeth master, by force of arms to attack, 

surprise, seize, and take, all ships and vessels, goods, wares, and merchandises, 
chattels and effects, belonging to the French Republic, or to any persons being 
subjects of the French Republic, or inhabiting within any of the territories o*' the 
French Republic ; excepting only within the harbours or roads within shot of the 
cann ; a of princes and states in amity with his Majesty. And whereas he the said 

hath a copy of certain 

instructions, approved of and passed by bis Majesty in council, as by the tenour of 

4 B 


1106 


PRIVATEERS. 


the said letters of marque and reprisals, and instructions thereto relating, more at large 

appeareth: if therefore nothing be done by the said 

or any of his officers, marines, or company, contrary to the 

true meaning of the said instructions, and ot all other instructions which may be 
issued in like manner hereafter, and whereof due notice shall be given him ; but that 
such letters of marque and reprisals aforesaid, and the said instructions, shall m all 
particulars be well and duly observed and performed, as far as they shall the said 
ship, master, and company, any way concern ; and if they shall give lull satisfaction 
for any damage or injury which shall be done by them or any of them to any of his 
Majesty’s subjects, or of foreign states in amity with his Majesty, and also shall duly 
and truly pay, or cause to be paid, to his Majesty, or the customers or officers 
appointed to receive the same for his Majesty, the usual customs due to his Majesty, 
of and for all ships and goods so as aforesaid taken and adjudged as prize j and 
moreover if the said 

shall not take any ship or vessel, or any goods or merchandise, belonging to the 
enemy, or otherwise liable to confiscation, through consent or clandestinely, or by 
collusion, by virtue, colour, or pretence of his said letters of marque and reprisals, 
that then this bail shall be void and of none effect; and unless they shall so do, they 
do all hereby severally consent that execution issue forth against them, their heirs, 
executors, and administrators, goods and chattels, wheresoever the same may be found, 
to the value of the sum of 

pounds before mentioned: and in testimony of the truth thereof they have hereunto 
subscribed their names. 


By his Majesty's command, 


Signed) 


PELHAM 


FOREIGN ENLISTMENT. 

As immediately connected with the preceding subject, we have given 
the Foreign Enlistment Act, which was passed in 1819 on an occasion 
of fitting out an armament by private individuals for South America. 

There had long been acts of parliament to prevent persons from en¬ 
listing into the service of foreign powers, viz.—9 Geo. II. c. 30., 
29 Geo II. c. 17., 11 Geo. II. (Ireland,) and 19 Geo. II. c. 2 (Ireland,) 
but not for preventing warlike operations by sea; and the subject being 
fully brought before the country, all the foregoing acts were repealed, 
and their imposts consolidated in the following act. 


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FOREIGN ENLISTMENT 


1107 


59 Geo. III. c. 69. 

An Act to prevent the Enlisting or Engagement of his Majesty's Subjects 

to serve in Foreign Service, and the fitting out or equipping, in his 

Majesty's Dominions, Vessels for Warlike Purposes, without his 

Majesty's Licence. 

1. Whereas the enlistment or engagement of his Majesty’s subjects to 
serve in war in foreign service, without his Majesty’s licence, and the 
fitting out and equipping and arming of vessels by his Majesty’s subjects, 
without his Majesty’s licence, for warlike operations in or against the 
dominions or territories of any foreign prince, state, potentate, or persons 
exercising or assuming to exercise the powers of government in or over 
any foreign country, colony, province, or part of any province, or against 
the ships, goods, or merchandise of any foreign prince, state, potentate, 
or persons as aforesaid, or their subjects, may be prejudicial to and 
tend to endanger the peace and welfare of this kingdom ; and whereas 
the laws in force are not sufficiently effectual for preventing the same ; 
be it therefore enacted, that from and after the passing of this act, an 
act passed in the ninth year of the reign of his Majesty king George 
the Second, intituled, “ An Act to prevent the listing his Majesty’s 
Subjects to serve as Soldiers without his Majesty’s licence and also an 
act passed in the twenty-ninth year of the reign of his said Majesty king 
George the Second, intituled “ An Act to prevent his Majesty’s Subjects 
from serving as Officers under the French King; and for better enforcing 
an Act passed in the ninth year of his present Majesty’s reign, to pre¬ 
vent the enlisting his Majesty’s Subjects to serve as Soldiers without his 
Majesty’s licence;” and also an act passed in Ireland in the eleventh 
year of the reign of his said Majesty king George the Second intituled 
“ An Act for the more effectual preventing the enlisting of his Majesty’s 
Subjects, to serve as Soldiers in Foreign Service without his Majesty’s 
licenceand also an act passed in Ireland in the nineteenth year of 
the reign of his said Majesty king George the Second, intituled “ An 
Act for the more effectual preventing his Majesty’s Subjects from enter¬ 
ing into Foreign Service, and for publishing an Act of the seventh 
year of King William the third, intituled ‘ An Act to prevent Foreign 
Education;”’ and all and every the clauses and provisions in the said 
several acts contained, shall be and the same are hereby repealed. 

2. Enlisting , 8fc. in foreign service , Sfc. declared a misdemeanour .— 
If any natural-born subject of his Majesty, his heirs and successors, 
without the leave or licence of his Majesty, his heirs or successors, 
for that purpose first had and obtained, under the sign manual of his 
Majesty, his heirs or successors, or signified by order in council, or 
by proclamation of his Majesty, his heirs or successors, shall take or 
accept, or shall agree to take or accept, any military commission, or 
shall otherwise enter into the military service as a commissioned or 
non-commissioned officer, or shall enlist or enter himself to enlist, or 
shall aoree to enlist or to enter himself to serve as a soldier, or to be 
employed or shall serve in any warlike or military operation, in the 
service of or for or under or in aid of any foreign prince, state, poten¬ 
tate, colony, province, or part of any province or people, or of any 
person or persons exercising or assuming to exercise the powers of 
o-overnment in or over any foreign country, colony, province, or part 
of any province or people, either as an officer or soldier, or in any 
other military capacity ; or if any natural-born subject of his Majesty 
shall, without such leave or licence as aforesaid, accept, or agree to 
take or accept, any commission, warrant, or appointment as an officer, 


1108 PRIVATEERS. 

or shall enlist or enter himself \ or shall agree to enlist or enter himself 
to serve as a sailor or marine, or to be employed or engaged, or shall 
serve in and on board any ship or vessel of war, or in and on board 
any ship or vessel used or fitted out, or equipped or intended to be used 
for any warlike purpose, in the service of or for or under or in aid of 
any foreign power, prince, state, potentate, colony, province, or part 
of any province or people, or of any person or persons exercising or 
assuming to exercise the powers of government in or over any foreign 
country, colony, province, or part of any province or people; or if any 
natural-born subject of his Majesty shall, without such leave and 
licence as aforesaid, engage, contract, or agree to go, or shall go to 
any foreign state, country, colony, province, or part of any province, 
or to any place beyond the seas, with an intent or in order to enlist 
or enter himself to serve, or with intent to serve in any warlike or 
military operation whatever, whether by land or by sea, in the service of 
or for or under or in aid of any foreign prince, state, potentate, colony, 
province, or part of any province or people, or in the service of or for 
or under or in aid of any person or persons exercising or assuming to 
exercise the powers of government in or over any foreign country, 
colony, province, or part of any province or people, either as an officer 
or a soldier, or in any other military capacity, or as an officer, or 
sailor , or marine, in any such ship or vessel as aforesaid, although no 
enlisting money or pay or reward shall have been or shall be in any 
or either of the cases aforesaid actually paid to or received by him, or 
by any person to or for his use or benefit; or if any person whatever, 
within the United Kingdom of Great Britain and Ireland, or in any 
part of his Majesty’s dominions elsewhere, or in any country, colony 
settlement, island, or place belonging to or subject to his Majesty 
shall hire, retain, engage, or procure, or shall attempt or endeavour to 
hire, retain, engage, or procure any person or persons whatever to 
enlist, or to enter or engage to enlist, or to serve or to be employed 
in any such service or employment as aforesaid, as an officer, soldier , 
sailor, or marine, either in land or sea service , for or under or in aid of 
any foreign prince, state, potentate, colony, province, or part of any 
province or people, or for or under or in aid of any person or persons 
exercising or assuming to exercise any powers of government as 
aforesaid, or to go or to agree to go or embark from any part of his 
Majesty’s dominions, for the purpose or with intent to be so enlisted, 
entered, engaged, or employed as aforesaid, whether any enlisting 
money, pay, or reward shall have been or shall be actually given or 
received, or not; in any or either of such cases, every person so offend¬ 
ing shall be deemed guilty of a misdemeanour, and upon being con¬ 
victed thereof, upon any information or indictment, shall be punishable 
by fine and imprisonment, or either of them, at the discretion of the 
court before which such offender shall be convicted. 

3. Not to extend to acts committed before certain periods. —Nothing 
in this act contained shall extend or be construed to extend to render 
any person or persons liable to any punishment or penalty under this 
act, who at any time before the first day of August, 1819, within 
any part of the United Kingdom, or of the islands of Jersey, Guernsey, 
Alderney, or Sark, or at any time before the first day of November, 
1819, in any part or place out of the United Kingdom, or of the 
said islands, shall have taken or accepted, or agreed to take or accept 
any military commission, or shall have otherwise enlisted into any 
military service as a commissioned or non-commissioned officer, or 


FOREIGN ENLISTMENT. 


1109 


shall have enlisted, or entered himself to enlist, or shall have agreed 
to enlist or to enter himself to serve as a soldier, or shall have served, 
or having so served shall, after the said first day of August, 1819, 
continue to serve in any warlike or military operation, either as an 
officer or soldier, or in any other military capacity, or shall have ac¬ 
cepted, or agreed to take or accept any commission, warrant or ap¬ 
pointment as an officer, or shall have enlisted or entered himself to 
serve, or shall have served, or having so served shall continue to serve 
as a sailor or marine, or shall have been employed or engaged, or shall 
have served, or having so served shall, after the said first day of August, 
continue to serve in and on board any ship or vessel of war, used or 
Jilted out, or equipped or intended for any warlike purpose; or shall 
have engaged, or contracted or agreed to go, or shall have gone to, 
or having so gone to shall, after the said first day of August, continue 
in any foreign state, country, colony, province, or part of a province, 
or to or in any place beyond the seas, unless such person or persons 
shall embark at or proceed from some port or place within the United 
Kingdom, or the islands of Jersey, Guernsey, Alderney, or Sark, with 
intent to serve as an officer, soldier, sailor, or marine, contrary to the 
provisions of this act, after the said first day of August, or shall em^ 
bark or proceed from some port or place out of the United Kingdom, 
or the islands of Jersey, Guernsey, Alderney, or Sark, with such intent 
as aforesaid, after the said first day of November, or who shall, 
before the passing of this act, and within the said United Kingdom, 
or the said islands, or before the first day of November, 1819, in any 
port or place out of the said United Kingdom, or the said islands, 
have hired, retained, engaged, or procured, or attempted or endea¬ 
voured to hire, retain, engage, or procure, any person or persons 
whatever, to enlist or to enter, or to engage to enlist or to serve, or be 
employed in any such service or employment as aforesaid, as an officer, 
soldier, sailor, or marine, either in land or sea-service, or to go, or 
agree to go or embark for the purpose or with the intent to be so 
enlisted, entered, or engaged, or employed, contrary to the prohibitions 
respectively in this act contained, any thing in this act contained to 
the contrary in anywise notwithstanding; but that all and every such 
person and persons shall be in such state and condition, and no other, 
and shall be liable to such fines, penalties, forfeitures, and disabilities, 
and none other, as such person or persons was or were liable and 
subject to before the passing of this act, and as such person or persons 
would have been in, and been liable and subject to, in case this act and 
the said recited acts by this act lepealed had not been passed or made. 

4. Offenders to be apprehended by warrant , and tried. —And it 
shall and may be lawful for any justice of the peace residing at or 
near to any port or place within the United Kingdom of Great 
Britain and Ireland, where any offence made punishable by this act 
as a ’misdemeanour shall be committed, on information on oath of any 
such offence, to issue his warrant for the apprehension of the offender, 
and to cause him to be brought before such justice, or any justice of 
the peace; and it shall be lawful for the justice of the peace before 
whom such offender shall be brought, to examine into the nature of 
the offence upon oath, and to commit such person to gaol, there to 
remain until delivered by due course of law, unless such offender 
shall give bail, to the satisfaction of the said justice, to appear and 
answer to any information or indictment to be preferred against him, 
according to law, for the said offence; and that all such offences 


1110 PRIVATEERS. 

which shall be committed within that part of the United Kingdom 
called England, shall and may be proceeded and tried in his Ma¬ 
jesty’s court of King’s Bench at Westminster, and the venue in such 
case laid at Westminster, or at the assizes or session of oyer and 
terminer and gaol delivery, or at any quarter or general sessions of 
the peace, in and for the county or place where such offence was 
committed; and all such offences which shall be committed within 
that part of the United Kingdom called Ireland, shall and may be 
prosecuted in his Majesty’s court of King’s Bench at Dublin, and the 
venue be laid at Dublin, or at any assizes or session of oyer and 
terminer and gaol delivery, or at any quarter or general sessions of 
the peace in and for the county or place where such offence was 
committed ; and all such offences as shall be committed in Scotland, 
shall and may be prosecuted in the court of justiciary in Scotland, or 
any other court competent to try criminal offences committed within 
the county, shire, or stewartry within which such offence was com¬ 
mitted ; and where any offence made punishable by this act as a 
misdemeanour shall be committed out of the said United Kingdom, it 
shall be lawful for any justice of the peace residing near to the port 
or place where such offence shall be committed, on information on 
oath of any such offence, to issue his warrant for the apprehension of 
the offender, and to cause him to be brought before such justice, or 
any other justice of the peace for such place; and it shall be law¬ 
ful for the justice of the peace before whom such offender shall be 
brought, to examine into the nature of the offence upon oath, and to 
commit such person to gaol, there to remain till delivered by due 
course of law, or otherwise to hold such offender to bail to answer for 
such offence in the superior court, competent to try and having juris¬ 
diction to try criminal offences committed in such port or place; and 
all such offences committed at any place out of the said United King¬ 
dom, shall and may be prosecuted and tried in any superior court of 
his Majesty’s dominions, competent to try, and having jurisdiction to 
try criminal offences committed at the place where such offence shall 
be committed. 

5. Vessels may be detained having offenders on board .—And in 
case any ship or vessel in any port or place within his Majesty’s 
dominions, shall have on board any such person or persons who shall 
have been enlisted or entered to serve, or shall have engaged or 
agreed or been procured to enlist or enter or serve, or who shall be 
departing from his Majesty’s dominions for the purpose and with the 
intent of enlisting or entering to serve, or to be employed, or of 
serving or being engaged or employed in the service of any foreign 
prince, state or potentate, colony, province, or port of any province 
or people, or of any person or persons exercising or assuming to ex¬ 
ercise the powers of government in or over any foreign colony, pro¬ 
vince, or part of any province or people, either as an officer, soldier, 
sailor , or marine, contrary to the provisions of this act, it shall be 
lawful for any of the principal officers of his Majesty’s customs where 
any such officers of the customs shall be, and in any part of his 
Majesty’s dominions in which there are no officers of his Majesty’s 
customs, for any governor or persons having the chief civil command, 
upon information on oath given before them respectively, which oath 
they are hereby respectively authorized and empowered to administer, 
that such person or persons as aforesaid is or are on board such ship 
or vessel, to detain and prevent any such ship or vessel, or to cause 


FOREIGN ENLISTMENT. 1111 

such ship or vessel to be detained and prevented from proceeding to 
sea on her voyage with such persons as aforesaid on board: provided 
nevertheless, that no principal officer, governor, or person, shall act 
as aforesaid, upon such information upon oath as aforesaid, unless the 
party so informing shall not only have deposed in such information 
that the person or persons on board such ship or vessel hath or have 
been enlisted or entered to serve, or hath or have engaged or agreed 
or been procured to enlist or enter or serve, or is or are departing as 
aforesaid, for the purpose and with the intent of enlisting or entering 
to serve or to be employed, or of serving, or being engaged or em¬ 
ployed in such service as aforesaid, but shall also have set forth in 
such information-upon oath, the facts or circumstances upon which 
he forms his knowledge or belief, enabling him to give such inform¬ 
ation Upon oath ; and that all and every person and persons convicted 
of wilfully false swearing in any such information upon oath, shall be 
deemed guilty of and suffer the penalties on persons convicted of 
wilful and corrupt perjury. 

6. Masters of ships taking offenders on board. —If any master or 
other person having or taking the charge or command of any ship or 
vessel, in any part of the United Kingdom of Great Britain and Ire¬ 
land, or in any part of his Majesty’s dominions beyond the seas, shall 
knowingly and willingly take on board, or if such master or other 
person having the command of any such ship or vessel, or any owner 
or owners of any such ship or vessel, shall knowingly engage to take 
on board any person or persons who shall have been enlisted or en¬ 
tered to serve, or shall have engaged or agreed or been procured to 
enlist or enter or serve, or who shall be departing from his Majesty’s 
dominions for the purpose and with the intent of enlisting or entering 
to serve, or to be employed, or of serving, or being engaged or em¬ 
ployed in any naval or military service, contrary to the provisions of 
this act, such master or owner or other person as aforesaid shall 
forfeit and pay the sum of ,£50 for each and every such person so 
taken or engaged to be taken on board; and moreover every such 
ship or vessel, so having on board, conveying, carrying, or transport¬ 
ing any such person or persons, shall and may be seized and detained 
by the collector, comptroller, surveyor, or other officer of the customs, 
until such penalty or penalties shall be satisfied and paid, or until such 
master or person, or the owner or owners of such ship or vessel, shall 
give good and sufficient bail, by recognisance before one of his Majesty’s 
justices of the peace, for the payment of such penalty or penalties. 

7. Fitting out armed vessels for foreign powers without licence. 
—And if any person, within any part of the United Kingdom, or in 
any part of his Majesty’s dominions beyond the seas, shall, without 
the leave and licence of his Majesty for that purpose, first had and 
obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or 
endeavour to equip, furnish, fit out, or arm, or procure to be equip¬ 
ped, furnished, fitted out, or armed, or shall knowingly aid, assist, 
or be concerned in the equipping, furnishing, fitting out, or arming of 
any ship or vessel, with intent or in order that such ship or vessel shall 
be employed in the service of any foreign prince, state, or potentate, 
or of any foreign colony, province, or part of any province or people, 
or of any person or persons exercising or assuming to exercise, any 
powers of government in or over any foreign state, colony, province, 
or part of any province or people, as a transport or store-ship , or with 
intent to cruise or commit hostilities against any prince, state, or 


PRIVATEERS. 


1112 

potentate, or against the subjects or citizens of any prince, state, or 
potentate, or against the persons exercising or assuming to exercise 
the powers of government in any colony, province, or part of any 
province or country, or against the inhabitants of any foreign colony, 
province, or part of any province or country, with whom his Majesty 
shall not then be at war; or shall, within the United Kingdom, or 
any of his Majesty’s dominions, or in any settlement, colony, territory, 
island, or place belonging or subject to his Majesty, issue or deliver 
any commission for any ship or vessel, to the intent that such ship or 
vessel shall be employed as aforesaid, every such person so offending 
shall be deemed guilty of a misdemeanour, and shall, upon conviction 
thereof, upon any information or indictment, be punished by fine and 
imprisonment, or either of them, at the discretion of the court in 
which such offender shall be convicted ; and every such ship or vessel, 
with the tackle, apparel, and furniture, together vvith all the materials, 
arms, ammunition, and stores, which may belong to or be on board 
of any such ship or vessel, shall be forfeited; and it shall be lawful 
for any officer of his Majesty’s customs or excise, or any officer of his 
Majesty’s navy, who is by law empowered to make seizures for any 
forfeiture incurred under any of the laws of customs or excise, or the 
laws of trade and navigation, to seize such ships and vessels afore¬ 
said, and in such places and in such manner in which the officers of 
his Majesty’s customs or excise and the officers of his Majesty’s navy 
are empowered respectively to make seizures under the laws of customs 
and excise, or under the laws of trade and navigation ; and that every 
such ship and vessel, with the tackle, apparel, and furniture, together 
with all the materials, arms, ammunition, and stores which may 
belong to or be on board of such ship or vessel, may be prosecuted 
and condemned in the like manner, and in such courts as ships or 
vessels may be prosecuted and condemned for any breach of the laws 
made for the protection of the revenues of customs and excise, or of 
the laws of trade and navigation. 

8. Aiding the equipment of foreign vessels. —And if any person 
in any part of the United Kingdom of Great Britain and Ireland, or 
in any part of his Majesty’s dominions beyond the seas, without the 
leave and licence of his Majesty for that purpose, first had and ob¬ 
tained as aforesaid, shall, by adding to the number of the guns of such 
vessel, or by changing those on board for other guns, or by the addi¬ 
tion of any equipment for war , increase or augment, or procure to be 
increased or augmented, or shall be knowingly concerned in increas¬ 
ing or augmenting the warlike force of any ship or vessel of war , or 
cruiser, or other armed vessel, which at the time of her arrival in any 
part of the United Kingdom, or any of his Majesty’s dominions, was 
a ship of war, cruiser, or armed vessel in the service of any foreign 
prince, state, or potentate, or of any person or persons exercising 
or assuming to exercise any powers of government in or over any 
colony, province, or part of any province or people belonging to the 
subjects of any such prince, state, or potentate, or to the inhabitants 
of any colony, province, or part of any province or country under the 
control of any person or persons so exercising or assuming to exer¬ 
cise the powers of government, every such person so offending shall 
be deemed guilty of a misdemeanour, and shall, upon being convicted 
thereof, upon any information or indictment, be punished by fine and 
imprisonment, or either of them, at the discretion of the caurt before 
which such offender shall be convicted 



FOREIGN ENLISTMENT. 


1113 


9. Offences out of the kingdom i, how to be tried. —Offences made 
punishable by the provisions of this act, committed out of the United 
Kingdom, may be prosecuted and tried in his Majesty’s court of 
King’s Bench at Westminster, and the venue in such case laid at 
Westminster, in the county of Middlesex. 

10. Penalties, how to be recovered. —And any penalty or forfeiture 
inflicted by this act may be prosecuted, sued for, and recovered, by 
action of deljt, bill, plaint, or information, in any of his Majesty’s 
courts of record at Westminster or Dublin, or in the court of Ex¬ 
chequer, or in the court of session in Scotland, in the name of his 
Majesty’s attorney general for England or Ireland, or his Majesty’s 
advocate for Scotland respectively, or in the name of any person or 
persons whatsoever; wherein no essoine, &c. no more than one im¬ 
parlance shall be allowed; and in every action or suit the person 
against whom judgment shall be given for any penalty or forfeiture 
under this act shall pay double costs of suit; and every such action 
or suit shall and may be brought at any time within twelve months 
after the offence committed, and not afterwards; and one moiety of 
every penalty to be recovered by virtue of this act shall go and be 
applied to his Majesty, his heirs or successors, and the other moiety 
to the use of such person or persons as shall first sue for the same, 
after deducting the charges of prosecution from the whole. 

11. Rules in customs, and smuggling acts made applicable to this 
act. —jf an y action or suit shall be commenced, either in Great Britain 
or elsewhere, against any person or persons for any thing done in 
pursuance of this act, all rules and regulations, privileges and pro¬ 
tections, as to maintaining or defending any suit or action, and plead¬ 
ing therein, or any costs thereon, in relation to any acts, matters, or 
things done, or that may be done by any officer of customs or excise, 
or by any officer of his Majesty’s navy, under any act of parliament 
in force on or immediately before the passing of this act, for the pro¬ 
tection of the revenues of customs and excise, or prevention of smug¬ 
gling, shall apply and be in full force in any such action or suit as 
shall be brought for any thing done in pursuance of this act, in as 
full and ample a manner, to all intents and purposes, as if the same 
privileges and protections were repeated and reenacted in this act. 

12. 'Not to extend to Asia. —Nothing in this act contained shall be 
construed to extend to subject to any penalty any person who shall 
enter into the military service of any prince, state, or potentate in 
Asia, with leave or licence, signified in the usual manner, from the 
governor-general in council, or vice-president in council of Fort 
William in Bengal, &c. 









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SOUTH SEA DUTIES. 


1115 


CHAPTER IX. 


TABLES OF SOUTH SEA DUTIES—DUTIES PAYABLE 
TO THE RUSSIAN COMPANY—SCAVAGE, AND OTHER 
DUES PAYABLE TO THE CITY OF LONDON. 


SOUTH SEA DUTIES. 

Granted to raise a fund to indemnify the South Sea Company for the loss sus¬ 
tained by the surrender of the right of trade exclusively vested in them by the 9 Ann, 
c. 21—and when it shall have accumulated to the amount required* it is to be trans¬ 
ferred to the said company, and the Lords of the Treasury will cause a notice thereof 
to be published in the London Gazette, stating the time they are to cease. 

Goods, wares, and merchandise, imported into Great Britain from any of £. s. d. 
the kingdoms, lands, countries, territories, islands, cities, towns, ports, 
havens, creeks, and places of America, on the east side thereof, from the 
river Oronoko to the southernmost part of Terra del Fuego , through the 
South Seas, to the northernmost part of America;—and from all 
countries, islands, and places within the said limits, which are reported 
to belong to the crown of Spain, or which shall hereafter be discovered 
within the said limits, not exceeding 300 leagues from the continent of 
America, between the southernmost part of Terra del Fuego, and the 
northernmost part of America on the west side thereof:—(except the 
kingdom of Brazil , and such other places on the east side of America, 
as are now in the actual possession of the crown of Portugal and the 
country of Surinam, in the possession of the States General of the 

United Provinces;) for every £100 value.2 0 0 

Ships or vessels entering inw'ards or outwards at any port in Great Britain, 
to or from any port or place within the limits above recited, (excepting 
ships or vessels importing only blubber, train oil, head matter, or 
whale fins, seal skins, and other produce of fish or creatures living in 
the seas, taken and caught by the crews of British and Irish built 
ships or vessels, and no other cargo as merchandise) for every ton 

burthen of such ship or vessel...0 1 6 

Exemption —Blabber, train oil, head matter, or whale fins, seal skins, and 
other produce of fish or creatures living in the seas, taken and caught 
by the crews of British and Irish built ships or vessels ;—Bullion and 
Foreign Coin of gold and silver;—and Goods, Wares, or Merchandise, 
warehoused under the provisions of any warehousing act, and which 
shall be taken out of the warehouse for exportation, and duly exported 
according to law. 56 Geo. III. c. 77. § 2, 3. 

By the existing treaty with La Plata , the duty on articles of the growth, 
produce, or manufacture of the United Provinces of Rio de la Plata are 
not to be levied.—Treas. Order, 12 Mar. 1828. 


RUSSIA COMPANY DUTIES on Goods imported after the 10th April, 1829. 

s. d. 

Ashes, Pot and Pearl, the ton. 0 4 

Aniseed, the cwt. 0 3 

Books, bound, the cwt... ® 2 

Bristles, the dozen lb..... ® 

Cantharides, the 100 lb....... I 0 










1116 DUTIES TO THE RUSSIAN COMPANY. 

s. d. 

Caviare, the cwt. 0 2 

Copper, the ton... 0 4 

Cordage, the cwt.. 0 2 

Corn, viz. Wheat, the Qr. 0 0| 

-of any other description, the Qr.0 0^ 

Castoreum, the lb. 0 1 

Down, the 100 lb. ... 0 4 

Feathers for Beds, the cwt. 0 4 

Flax, the tou. 0 4 

Glue, the cwt. 0 1 

Hair, Cow or Ox, the cwt. 0 2 

-Horse, do. 0 2 

Hemp, the ton. 0 4 

Hides, undrest, the cwt. dry. 0 1 

—-wet. 0 04 

-, Red or Muscovy, each. 0 O-^ 

Iron, the ton. 0 2 

Isinglass, the cwt. 0 2 

Junk and Rope, the ton. 0 2 

Linen, for every £100 of the value. 1 0 

Matts, the 100. 0 2 

Pitch and Tar, the last. 0 2 

Rhubarb, the lb. 0 1 

Rope and Junk, the ton. 0 2 

Resin, the cwt. 0 1 

Saltpetre, the cwt. 0 1 

Seed, the qr. (except Aniseed). 0 0^ 

Bear Skins, each. 0 2 

Armins, or Ermines, the Timber of 40 Skins. 0 2 

Calabar the Timber. 0 2 

Fox Skins, the 100 .. 0 4 4 

Sables, the Timber. 1 6 

Wolf, the Skin. 0 1£ 

Hare Skins, the 100 Skins. 0 1 

Swan Skins, the piece. 0 1 

Tallow, the ton. 0 4 

Tongues, the 100. 0 2 

Tow, the ton. 0 4 

Wax, Bees’, the cwt. 0 2 

Wool, the cwt. 0 1 

Balks, above 5 inches square, the 120. 0 4 

Ditto, under 5 inches square, the 120. 0 3 

Battens, the 120.'.. 0 1 

Clap Boards, the 120. 0 1 

Deals, the 120. 0 3 

Fire-wood, the fathom. 0 1 

Fir Timber, the load. 0 1 

Handspikes, the 120. 0 1 

Lath Wood, the fathom. 0 1 

Masts, great, each. 0 2 

Ditto, middle and small, each. 0 1 

Oars, the 120. 0 4 

Oak Boards, the 120. 0 5 

Oak Plank, the load. 0 3 

Oak Timber, the load. 0 2 

Paling Boards, the 120. 0 1 

Staves, the 120. 0 1 

Wainscot Logs, the load. 0 2 

Goods not rated in this Table are to pay one-eighth per cent, according to the value, 
oa the declaration of the importer 

THOMAS COPE, Secretary. 

_ _ _ 1 O £1 svodg joa 



































































1117 


DUTIES OF PACKAGE, &c. 


TABLES OF PACKAGE, SCAVAGE, BAILAGE, AND PORTAGE DUTIES 
PAYABLE BY ALIENS AT THE PORT OF LONDON. 


The package rates inwards for all goods 
and merchandise imported from ports 
beyond the seas , belonging to aliens , or 
denizens, being the sons of aliens. 

Cry- The commodities which are marked 
thus *, are liable to this duty, though 
British property, if imported in any other 
than British ships legally navigated. 

s. d. 

Alum, per 112 lb. 0 2 

Andirons. See Brass. 

Annatto, per 100 lb. 0 4 

Apples and pears, per little barrel 0 1£ 

*Aquaevitai, per hogshead. 0 6 

Argol, white or red, per 112 lb. .. 0 ]§ 

♦Ashes, pot, per 112 lb. 0 0^ 

Babies’ heads, per dozen . 0 0^ 

Bacon, per 112 lb. 0 3 

Band-strings, per dozen knots ... 0 

♦Balks, great, per 120. 1 6 

-.under eight inches,per 120 0 9 

-, under five inches, per 120 0 4 

Barilla, or saphora, per bar. 2 cwt. 0 4 

♦Barlings, per 120. 0 4 

♦Barley, per quarter. 0 0^ 

Basket-rods, per dozen bundles .. 0 4 

Bast ropes, per 112 lb. 0 0£ 

Battery, bashroncs or kettles, per 

1121b. 0 6 

♦Beans, per quarter . 0 0^ 

Beef, per barrel. 0 1 

Bell-metal, per 112 lb. 0 2 

Bermillians. See Fustians. 

Blacking, or lamp-black, per 1121b. 0 3 

Bottles of all sorts, per dozen .... 0 0^ 

♦Boards, barrel-boards, per 1000 0 4 

-clap-boards, per 120 .... 0 1 

-pipe-boards, per 120 .... 0 1 

lloratoes, or bombasins, viz. 

-- narrow, per single piece, 

not above 15 yards. 0 2 

-broad, per single piece, 

not above 15 yards. 0 3 
Books, unbound, per bask, or 

maund . 0 8 

*Bojv-staves, per 120. 0 2 

Brass andirons, laver-cocks, cha¬ 
fing-dishes, and all other brass 
or latten-wrought, per 100 lb. 0 3 

Brimstone, per 112 lb. 0 0§ 

Bristles, per dozen lb. 0 0^- 

Buckrams, viz. 

. — of Germany, per dozen 

pieces . 0 3 

-of France, per dozen 

pieces . 0 2 

Buftins, liles, ormocadoes, viz 

-, narrow, per single piece 

not above 15 vards ... 01 


s. d. 


Buftins, broad, per single piece, 

not above 15 yards .. 0 2 

Bull-rushes, per load. 0 1 

Burrs for mill stor.es, per 100 .. 0 3 

Butter, per 112 lb. 0 1 

Cable ropes for cordage, per 1121b. 0 1 

Cabinets, viz. great, per piece .. 0 2 

-small, per piece .... 0 1 

Caddas, or cruel-ribbon, per doz. 

pieces, each of 36 yards .... 0 1 

Candlewick,per 112 lb. 0 1 

Candles of tallow, per dozen lb. . . 0 01- 

Capers, per 100 lb. 0 2 

♦Capravens, per 120. 0 3 

Cards, viz. 

-playing, per 12 dozen packs 0 2 

-wool-cards, per dozen pair 0 0^ 


Carpets, viz. 

-Tur.key, Persia, East India, 

and Venice, long, per piece 0 6 

-of the same or like sort, 

short, per piece. 0 4 

Carpets of all other sorts, per piece 0 0^ 

Cases, viz. for looking-glasses, gilt, 

from No. 3 to No. 10, per dozen 0 l^j 

-, the same ungilt, per dozen 0 0£ 

Catlings. See Lutestrings. 

Camlets, mohairs, and Turkey gro- 


grams, per 15 yards . 0 1J 

Cheese, per 112 lb. 0 1 

Cherries, per 112 lb. 0 1£ 

Cloth, viz. 

-French Walloon, per 20 yds. 0 8 

-scarlet, per yard .. 0 1 

Cochineal, viz. 

-silvester, or campechea, 

per lb. 0 Oij 

-of all other sorts per lb. 0 1 

Combs of box or light wood, per 12 

dozen. 0 0^ 

Copper, bricks, or plates, round or 

square, per 112 lb. 0 4 

Copperas, per 112 lb. 0 1 

Coral, rough orpolished, per lb. 0 2 

Cordage. See Cable Ropes. 

Cork, per 112 lb. .. 0 1 

-for shoemakers, per dozen 

pieces. 0 01- 

Corn. See Barley, Beans, Malt, 


Oats, Pease, Rye, and Wheat, 
respectively. 

♦Deal boards, of all sorts, per 120 1 0 

Dogs of earth, per 12 dozen .... 0 1§ 

Durance, or duretties, viz. 

-with thread, perl5yds. 0 1^- 

-- with silk, per 15 yards. 0 2 

Drugs, viz. 

-ambergrise, per oz. 0 1§ 

- aloes socotorina, per lb... 0 0^ 

































































1118 


DUTIES OF PACKAGE, &c. 


s. d. 

Drugs, barley hulled, per 112 .. 0 1 

.-caraway and cummin 

seeds, per 112 lb. 0 1§ 

-China roots, per 100 lb. 0 6 

-civet, per ounce. 0 1 

-coral. See in C. 

-frankincense. See in F. 

-gum arabic. See in G. 

-gum ammoniac, per 100 lb. 0 6 

-musk, per ounce . 0 1 

-- cods, per dozen .... 0 1 

-— quicksilver. See in Q. 

-saunders, white or red, 

per 100 lb. 0 6 

-treacle, com. per 100 lb. 

-— turpentine, common, per 

1121b. 0 1 

Earthenware, called tiles. See in T. 
Feathers, for beds, per 112 lb. .. 0 2 

Fish, viz. cod-fish, per 120. 0 2 

-coal-fish, per 120 .... 0 1 

-eels, per barrel. 0 1 

-quick, per ship load 10 0 

-herrings, white or red, 

per last. 0 6 

-ling, per 120. 0 6 

-lub-fish, per 120 .... 0 2 

-croplings, per 120 .... 0 1 

-titling, per 120 . 0 0£ 

-sturgeon, per firkin .. 0 1 

-, per keg .... 0 0§ 

-salmon, per barrel .... 0 1-j 

♦Flax, viz. undressed, per 112 lb. 0 1£ 

-dressed or wrought, per 

1121b. 0 4 

Flocks, per 112 lb. 0 2 

Frankincense, per 112 lb. 0 

Furs, viz. 

-beavers’ skins, per piece .. 0 0^ 

-beavers’ bellies or wombs, 

per dozen. 0 4 

•-budge, tawed or untawed, 

per 100. 0 2 

-fox skins, per 100. 0 4 

-foyns, without tails, per doz. 0 1^- 

Fustians, viz. 

-bermillians, per piece, 

or two half-pieces of 
15 yds. each half piece 0 2 

-Naples, fustian, tripe, or ve- 

lure, per piece of 15 yds. 0 2 


Galley dishes, per 12 dozen .... 0 1 

Galls, per 1121b. 0 2 

Glass, viz. 

-for windows, per chest or 

case . 0 3 

-Venice drinking-glasses, per 

dozen. 0 0^ 

-looking-glasses, viz. 

-halfpenny ware, per 12 doz. 0 0J 

-penny ware, per 12 dozen .. 0 0£ 

-of steel, small, per dozen .. 0 0^ 

-large, per dozen .. 0 1 

--of crystal, small, under No.6, 

per dozen . 0 1 

-- No. 7, 8, 9, 10, per 

dozen. 0 


Glas of crystal, middle sort, No.6, 

per dozen . 0 2 

-No. 11 and 12,per dozr 1 ~6 

-stone plates for spectacles, 

per dozen. 0 0£ 

-plates, or sights, for looking- 

glasses unfoiled, viz. 

-of crystal, small, under No.6, 

per dozen. 0 0| 

-No. 6, per dozen. 0 1 

-No. 7, 8, 9,10, per dozen 0 2 

-No. 11, 12, per dozen . . 1 0 

Gloves of Spanish leather, per 12 

pair. 0 0§ 

Goats’ hair, per 100 lb. 0 6 

Grain for dyers, viz. 

-of scarlet powder, per lb. .. 0 0^ 

-of Seville in berries and 

grains of Portugal or Rota, 

per lb. 0 0| 

Grocery, viz. 

-almonds, per 112 lb.0 3 

-aniseeds, per 112 lb. 0 2 

-cinnamon, per 100 lb. .. 10 

-cloves, per 100 lb. 1 6 

-* currants, per 112 .... 0 2 

-dates, per 112 lb. 0 4 

-figs, per 112 1b. 0 l 

-fusses of cloves, per 1001b. 0 8 

-ginger, per 100 lb. 1 0 

-licorice, per 112 lb. .... 0 1^ 

-mace, per 100 lb.. 2 0 

nutmegs, per 100 lb... — 1 6 

-pepper, per 100 lb. 0 '6 

- ^prunes, per 112 lb. 0 1 

-raisins, great, or Malaga, 

per 112 lb. 0 1 

-of the sun, per 112 0 2 

-*sugar refined, per 112 lb. 0 10 

-candy, per 112 lb. 0 8 

-muscovadoes, and 

white, per 112 lb. 0 4 

-St. Thome and Pa- 

nelles, per 1121b. 0 2 

Grogram. See Camlets. 

Gunpowder, per barrel of 112 lb. 0 3 

Gum arabic, per 112 lb. 0 2 

Hair called goats’ hair. See in G. 

Hawks of all sorts, per hawk .... 0 2 

Hats, viz. 

-bast or straw hats knotted, 

per dozen . 0 0| 

-plain, per doz. —CL 1^ 

-wool felts, per dozen. 0 1 

-demi castors, per piece .. 0 0$ 

-beaver hats, per piece .... 0 2 

“Headings for pipes, hogsheads, 

or barrels, per 1000 . 0 2 

Heath for brushes, per 112 .... 0 1 

*Hemp, viz. 

— -undressed, per 112 lb. .. 0 1 

— -— dressed, per 112 lb. . 0 2 

Hides, viz. 

-buff hides, per piece .... 0 0^ 

-cow or horse hides, per doz. 0 3 

Honey, per barrel . 0 0$ 

Horses and mares, each.. 0 6 


4 













































































































DUTIES* OF PACKAGE, &c. 1119 


Hops, per 112 lb. 0 

Indigo, per 100 lb. 2 

-dust, per 100 lb.. 0 

Incle, viz. 

-wrought, per 12 lb. 0 

-rolls, per 12 pieces, 36 yards 

each. 0 

-unwrought, per 100 lb. 0 

Iron, wrought, per 1121b. 0 

-unwrought, per ton . 0 

-pots, per dozen. 0 


Juice of lemous. See Lemons 
Lamp-black. See Blacking. 

L'itten, viz. 

-shaven latten, per 1121b. 0 

-black latten, per 112 lb. 0 

Lace, viz. 

-bone lace of thread, per 12 


yards. 0 

-silk bone lace, per 16 ounces 0 

-silk lace of other sorts, per 

16 ounces. 0 

Lemons, per 1000 . 0 

-juice of lemons, per pipe 0 

-pickled lemons, per pipe 0 

Linseed, per quarter. 0 

Leaves of gold, per 100 leaves .. 0 

Lures for hawks, per dozen .... 0 

Leather, viz. 

-Brazil leather, per dozen 

skins . 0 

-hangings,gilt, per piece.. 0 

-for masks, per 12 lb. 0 

Lutes, per dozen. 0 

Lutestrings, viz. 


knots. 0 

minikins, per 12 doz. 
knots. 0 


Linen, Brabant, Flemish, Emb- 
den, viz. 

-British cloth, per 100 ells.. 0 

-frieze cloth, Ghentish Hol¬ 
land, Isinghams, Overis- 
sels, cloth rows, cows- 
sield, or plats cloth, each 


30 ells. 0 

calicoes or dutties, per piece 0 
cambrics, per piece of 12 ells 0 
damask, tabling, viz. 

of Holland, per doz. yards 0 
of Silesia, per dozen yards.. 0 

damask, towelling and nap- 
kining, viz. 

of Holland, per dozen yards 0 

of Silesia, per dozen yards 0 


-diaper, tabling, viz. 

of Holland, per dozen yards 0 
of Silesia, per dozen yards 0 
—— diaper, towelling and nap- 
kining, viz. 

of Holland, per dozen yards 0 
of Silesia, per dozen yards 0 
-French or Normandy can¬ 
vass and line narrow,Yan- 


d. 

2 

0 

8 

1* 

1 

4 

1 

6 

H 


6 

3 


0* 

2 


1 

1 

6 

3 

1 

0* 

04 


04 

3 
2 

4 


1 

04 


5 


2 

0 

91 

4 

2 


2 

1 

2 

1 


1 

04 


dales, or vitry canvass, 
Dutch barrass, and Hes¬ 
sen canvass, per 120 ells 
Linen, gutting and spruce can¬ 
vass, drillings, pack-duck, 
hinder lings, middlegood, 
head-lake, Muscovia, line 
narrow, Hamburgh cloth, 
narrow Irish cloth, per 

120 ells.. 

-Hamburgh and Silesia cloth, 

broad, per 120 ells .... 

-poledavies, per bolt. 

-French canvass and line, li 

ell broad or more, per 120 

ells .f. 

-lawn, per piece of 13 ells.. 

-calico lawn, per piece .... 

-French lawn, per piece.... 

-lockrams of all sorts, per 

106 ells. 

-Soultwich, per 120 ells.... 

-Strasburgh linen, per 30 ells 

-striped or tufted canvass 

with thread, per piece of 

15 yards . 

-striped, tufted, or quilted 

canvass, with silk, per 

piece of 15 yards. 

Litmus, per 112 lb. 

*Malt, per quarter. 

Magnus, per 1121b. 

Masks of velvet or satin, per doz. 
*Masts, viz. 

-above 12 inches, per mast 

-8 to 12 inches, per mast 

-6 to 8 inches, per mast.. 

Maps, printed, per ream. 

Madder, viz. 

-crop and all other bale- 

madder, per 112 lb. .. 

-fat madder, per 1121 b... 

-mull-madder, per 112 lb. 

*Meal or flour, per 30 cwt. 

Minikins. See Lutestrings. 

Mocado ends, per 12 lb. 

Mohairs. See Camlets. 

*Oars, per 120 . 

*Oats, per quarter. 

Oils, viz. ^Seville, Majorca, Mi¬ 
norca, Provence, Portugal, 
and salad oil, per tun .... 

-rape and linseed oil, per 

tun. 

-train oil of Greenland or 

Newfoundland, per tun .. 

Olives, per hogshead. 

Onions, per 100 bunches. 

Onion- seed, per 112 lb......... 

Oranges, per 1000. 

Orchal, per 112 lb. 

Packthread, per 100 lb. 

Pans, viz. 

-dripping, or frying pans, per 

1121b... 


s d. 

0 2 


0 i 

0 3 
0 1 


0 3 
0 2 
0 0| 
0 1$ 


o 14 
o 14 
0 1 


0 1 


0 1 
0 1 
0 04 
0 1 
0 1 

0 2 
0 1 
0 04 
0 1 


0 2 
0 14 
0 04 

0 4 

0 14 

0 4 

0 04 


2 8 
2 6 


0 1 
0 3 
0 1 
0 14 
0 14 


0 14 


































































1120 


DUTIES OF PACKAGE, &c. 


Pans, warming pans, per dozen.. 
Paper, brown, per 100 bundles. . 

- of all other sorts, per 100 

reams. 

Pears. See Apples. 

*Pease, per quarter. 

Pitch or tar, per last. 

Plates, single, white or black, per 

100. 

-double, white or black, 

per 100 . 

Pomegranates, per 1000 . 

Pork, per barrel. 

Pots, earth, or stone, covered, per 

100 . 

-earth or stone, uncovered, 

per 100 casts, containing 
a gallon to every cast, 
whether in one pot or not 

Quails, per dozen. 

Quicksilver, per 100 lb . 

Quinces, per 100. 

Kapeseed, per quarter. 

•Rosin, per ton. 

Pice, per 112 lb. 

•Rye, per quarter. 

Rims for sieves, per 12 dozen .... 
•Russia. All goods of Muscovy 
or Russia, for every 20$. of their 

rates or values on oath. 

Saffron, per lb. 

Safflower, per 100 lb. 

•Salt, per wey. 

Saltpetre, per 1121b. 

Says, viz. 

-double says, or Flanders 

serges, per piece. 

-hounscot and milled says, 

per piece. 

Shumac, per 1121b. 

Silk, viz. Bridges, Granados, Na¬ 
ples, Organzine, Pole, and 
Spanish, satin-silk, sleeve- 
silk, fine and thrown silk, 

per 16 oz. 

-raw China silk, per 24 oz... 

-ferret or floret silk, Fillozel, 

sleeve-silk, coarse, per 

16 oz. 

-raw long silk, per 24 oz.... 

-raw short silk, and raw Mo- 

rea silk, per 24 oz. 

Silk stockings, per pair. 

Silks, wrought, viz. 

•-boratos of silk, Catalopher, 

China, damask, silk cam¬ 
let, China grograms, tabby 
grograms, philosellos, nar¬ 
row tabbies of silk, towers 
taffety, per dozen yards... 

-silk grograms narrow, silk 

say, callimaneoes, and phi¬ 
losellos, broad, per 12 yards 
grograms broad, caffa, or da¬ 
mask, per 12 yards. 


$. d. 
0 1$ 
0 6 

1 8 

0 0} 
0 3 

0 1 

0 2 
0 2 
0 H 

0 1 


0 2 
0 

0 10 
0 04 
0 1 
0 8 
0 1 
0 0* 
0 OJ 


0 1 
0 04 
0 4 
0 2 
0 1* 


0 3 

0 0 
0 1* 


0 1 
0 1 


0 0£ 
0 0£ 

0 0A 
0 0| 


0 2 


0 3 
0 4 


Silks, satins of Boloma, Lukes, 
Jeans, others of like mak¬ 
ing, per 12 yards. 

-Bridges’, China, and Turkey 

satin, per 12 yards. 

-sarcenets of Bolonia or Flo¬ 
rence, per 12 ells . 

-of China, per 12 ells 

-wrought, viz. 

-sypers of silk, broad, per 12 

yards. 

-of silk, narrow, per 

24 yards . 

-of taffety, ell broad, per 12 

yards . 

-■-China and Levant, 

per 12 yards... 

-velvets, China velvets, per 

12 yards. 

-all other velvets or plushes, 

per 12 yards .. 

Skins, viz. 

-cordovan skins, per dozen . 

-goat-skins in the hair, per 

dozen . 

-kid-skins of all sorts, per 

100. 

Smalts, per 100. 

*Spars, boomspars, per 120. 

-cantspars, per 120.... 

-small spars, per 120 .. 

^Spirits, as brandy, &c. for every 
20$. of their rates or values, on 

oath. 

Stockings of silk. See Silk. 
Stones, dog stones, per last ... 

-marble stones, per ton.. 

-mill stones, per piece.. 

-quern stone, per last.. 

Sword blades, per dozen . 

•Staves, pipe or hogshead staves, 

per 1000 . 

-barrel staves, per 1000.. 

-firkin staves, per 1000 .. 

Steel; long steel, whisp steel, and 

such like, per 112 lb. 

-gad steel, per half barrel... 

Sturgeon. See Fish. 

Succades, wet or dry, per 100 lb. 

*Syder, per ton. 

Tallow, per 112 lb..... 

Tapestry, viz. 

- with hair, per 100 

Flemish ells . 

-— with wool, per 100 

Flemish ells. 

-with caddas, per 100 

Flemish ells. 

-with silk, per 12 Fle¬ 
mish ells. 

Tarras, per barrel.. 

Teasels, per 1000 ... 

Tykes of all sorts, per tyke. 

Thread, viz. 

--Bridges’ thread, per 12 lb. 


s. J. 


0 6 
0 1 


0 0$ 

0 0J 

0 2 

0 0i 

0 1 

0 6 

0 2 

0 1 

0 2 
0 4 

0 3 
0 2 
0 1 


0 l 

0 6 
0 8 
0 6 
0 3 
0 1 

0 6 
0 3 
0 1* 

0 2 
0 4 

0 10 
0 4 

0 1 


0 4 

0 6 

1 0 

0 2 
0 0* 
0 0£ 
0 1* 

C 1 



















































































DUTIES OF PACKAGE, &c. 


s. d. 

rhread, outnal thread, per 12 lb. 0 l 

-whited brown, or piercing 

thread, per 12 lb. 0 If 

--sisters’ thread, per lb.... 0 Of 

-Lyons or Paris thread, per 

100 bolts. 0 8 

Tobacco, viz. Spanish, Varinas, 

Brazil, per 1001b. 2 0 

■ St. Christopher’s tobacco, 

or the like, per 100 lb.. 0 6 

Tiles; pantiles or Flanders tiles, 

per 1000. 0 2 

♦Timbers, for every 20s. of their 

rates or values on oath . 0 1 

Tow, per 112 lb. 0 Of 

Tripe. See Fustians. 

♦Turkey goods, for every 20s. of 

rates or values on oath. 0 1 

Vellure. See Fustians. 

Vinegar. See Wine Eager. 

Wax, per 112 lb. 0 4 

♦Wainscots, per 100. 0 6 

Whale-fins, per dozen fins. 0 1 

♦Wheat, per quarter. 0 1 

♦Wine, viz. 

-eager, per tun . 0 6 

-Gascoigne, French wines, all 

other wiDes ofthe growth of 
the French dominions, per 

tun. 2 0 

-Rhenish wine, per tun .... 60 0 

-Muscadel, and all other 

wines, per tun . 40 0 

Wire ; latten and other wire, per 

1121b. 0 4 

Woad ; island woad, per ton .... 1 0 

-Thoulouse woad, per 112 lb. 0 1 

Wood, viz. 

.-* box-wood, for every 20s. 

of the rates or value on 

oath. 0 1 

-Brazil, or Pernambuco wood, 

per 112 lb. 0 3 

-Brazilletto, or Jamaica wood, 

per 112 lb. 0 1 

-fustic, per 112 lb. 0 Of 

-red or Guinea wood, per 112 

lb. 0 2 

-sweet wood. West India 

per 112 lb. 0 1 

-all other sorts, for every 20s. 

of the rates or value, on 

oath . 0 1 

Wool ; beaver wool, per lb. 0 If 

-cotton wool, per 100 lb. .. 0 3 

-Irish, combed, per 100 lb... 0 4 

- uncombed, per 112 lb. 0 2 

-Estridge wool, per 112 lb. . 0 2 

- Polonia wool, per 112 lb. . 0 3 

-: French wool, per 112 lb. .. 0 2 

-lamb’s wool, per 112 lb. .. 0 3 

-Spanish wool, per 112 lb... 0 4 

-red wool, per lb. 0 Of 

Yarn ; cable-yarn, per 112 lb. .. 0 1 

-camel, grogram, or mohair 

yarn, per 100 lb. 1 6 


1121 
s. d. 

Yarn, cotton-yarn, per 100 lb. .. 0 4 

-Irish yarn, per pack of 480 


lb. 0 6 

Raw linen yarn, Dutch or French, 

per 100 lb. 0 4 

-spruce or Muscovia yarn, 

per 112 lb. 0 2 

All other goods, not mentioned in this 


table, pay, for scavage duties inwards, 
after the rate of one penny in the pound* 
according as they are expressed or va¬ 
lued in his Majesty’s late book of rates; 
and all others, not expressed therein, 
pay the same rates, according to their 
true value. 

*#♦ All merchants, aliens, and denizens, 
are to make and deliver to the proper 
collector of this duty, true and perfect 
bills of entry of all the goods and mer¬ 
chandise by them imported. 

PACKAGE-RATES OUTWARDS. 

For all goods and merchandise to be 
■packed, cashed, piped, barrelled, or any 
ways vessellcd, in order to be trans¬ 
ported to parts beyond the seas; al¬ 
though the mayor and commonalty, or 
their officers, do not pack the said goods 
when they are ready, and upon reason ■ 
able request atid notice given. 

s. d. 

Annatto, per 100 lb. 0 3 

Aqua vitae, per hogshead. 0 4 

Argol, white or red, per 112 lb... 0 If 

Ashes ; pot-ashes, per 2 cwt. 0 2 

-soap-ashes, per last .... 0 1 

Awl-blades for shoemakers, per 

1000 . 0 Of 

Barilla, or saphora, per barrel of 

2 cwt. 0 4 

Beer, per tun. 0 6 

Birding shot-lead, per 112 lb. .. 0 2 

Books, per maund. 1 0 

Bottles, glass, covered with lea¬ 
ther, per dozen . 0 1 

Brimstone, per 112 lb. 0 1 

Brushes, per dozen. 0 Of 

Broken glass, per barrel . 0 Of 

Buttons; brass, steel, copper, or 

latten buttons, per 144 dozen .. 0 1 

-hair buttons, per 144 do¬ 
zen . 0 1 

-silk buttons, per 144 do¬ 
zen . 0 Of 

-thread buttons, per 144 

dozen. 0 Of 

Buck weed, per quarter. 0 1 

Buckrams of all sorts, per dozen 

pieces. 0 2 

Caps for sailors, Monmouth and 

others, per dozen . 0 1 

Canary seed, per bushel. 0 Of 

Cloaks, old, per piece. 0 0§ 

Cloths. See Woollen Drapery. 

Coals. See Sea Coal. 

Cobweb lawns, each 12 yards . 0 t 


4 c 




























































✓ 


1122 DUTIES OF PACKAGE, &c. 


Cochineal, viz. 

-Silvester, or Campechea, 


per lb. 0 

-of all other sorts, per 

lb. 0 

Combs, ivory. See Ivory. 

Copperas, per 112 lb. 0 


Drugs, assafoetida, gum ammoniac, 
gum lac, olibanum, and 
sassafras wood, per 1001b. 0 

-cassia fistula, per 100 lb. 0 

-lignea, per 100 lb. 0 


cubebs, per 100 lb. 0 

frankincense. See in F. 


-red lead. See in E. 

-rhubarb, per lb. 0 

-scammony, per lb. 0 

-wormseed. See in W. 

Elephants' teeth, per 100 lb. 0 

Estridge feathers, undressed, per 

lb. 0 

Filings of iron ; swarf, per barrel 0 
Fish; viz. 

-herrings, full of shotten, per 

last. 0 

-stockfish of all sorts, per last 0 

Flasks of horn, per dozen. 0 

Flax, dressed, per 112 lb. 0 

-undressed, per 112 lb. 0 

Frankincense, per 112 lb. 0 

Furs. See Skins. 

Fustians; English millain, per 
piece containing 2 half pieces of 

15 yards each. 0 

~-Venetian, English make, 

per 15 yards . 0 

Galls, per 112 lb. 0 

Garble; of almonds, per 112 lb. . 0 

-of cloves, per 100 lb. .. 0 

-of ginger, per 100 lb. 0 

-of mace, per 100 lb. 0 

-of pepper, per 100 lb. .. 0 

Glass, broken. See B. 

Glue, per 112 lb. 0 

Glovers’ clippings, per maund or 

bask. 0 

Gloves, buck’s leather, per dozen 

pair. 0 

-gloves with silk fringe, faced 

with taffety, per dozen pair 0 


• gloves lined with coney or 
lamb skins, or plain, per 

dozen pair. 0 

Grains: scarlet powder, and of 
Seville in berries, and grain 
of Portugal or Rota, per 

100 lb. 2 

-grain, French or Guinea, per 

100 lb. 0 

Grocery, viz. 

-almonds, per 112 lb. 0 

—-- almonds, garble. See 

Garble. 

-aniseeds, per 112 lb. .. 0 

-cinnamon, per 100 lb. .. 1 


d. 


Of 

1 

1 


6 

8 

8 

6 


1 

1 

4 

Of 

2 


6 

6 

1 

4 

2 

If 


1 

1 

2 

1 

4 

1 

9 

3 

1 

Of 

1 

1 


Of 


6 

4 

2 

2 

0 


Grocery, cloves, per 100 lb. 

-cloves, garble. See Gar* 

ble. 

-currants, per 112 lb.. .. 

-dates, per 112 lb. 

-figs, per 112 lb. 

-ginger, per 100 lb. 

-ginger, garble. See Gar¬ 
ble. 

—-licorice, per 112 lb. 

-* mace, per 100 lb. 

-mace, garble. See Gar¬ 
ble. 

-nutmegs, per 100 lb. .. 

-pepper, per 100 lb. 

-pepper, garble. See Gar¬ 
ble. 

-prunes, per 112 lb. 

-* raisins, great and Ma¬ 
laga, per 112 lb. 

----of the sun, per 112 

lb. 

-sugar candy, per 112 lb... 

-of St. Thome and Pa- 

nelles, per 112 lb. 

-of all sorts, per 112 lb. .. 

Hats ; beaver hats, per piece ... 

-demi-castors, per piece .... 

-felt hats, plain, per dozen.. 

-lined or faced, per 

dozen. 

Hair; coney hair, per 100 lb. 

-of goats or kids, per 100 lb. 

-ox or cow tail, per 112 lb. 

Hemp, per 112 lb. 

Hides, India. See India. 

Horns, ink-horns, per 12 dozen 

-of lanterns, per 1000 leaves 

-tips of horns, per 1000 .... 

Hops, per 112 lb.. 

Indigo of all sort, per 100 lb. .. 

-dust, per 100 lb. 

India hides, per 100 lb. 

Irish rugs, per piece. 

Iron, unwrought, per ton. 

-wrought, per 112 lb. 

-spurs, per dozen pair. 

Ivory combs, per dozen lb. 

Knives, viz. 

-London knives, ordinary, per 

small gross. 

-Sheffield knives, per small 

gross . 

-shoemakers’ paring knives, 

per small gross . 

Lace, viz. 

-bone-lace of thread, per 

dozen yards . 

-silk lace, per 16 ounces .. 

Lamperns, per 1000 . 

Lead, per fother. 

Lead. See Birding Shot. 

Lemons, pickled, per pipe.. 

Lemon-juice, per pipe . 

Linseed, per quarter . 

Linen, calico, per piece. 


$.. d. 

1 0 


0 3 
0 4 
0 0* 
0 9 


0 If 
1 6 


1 0 
0 6 


0 0* 

0 1 

0 2 
0 3 

0 3 
0 6 
0 2 
0 1 
0 If 

0 2 
0 4 
0 4 
0 Of 
0 If 


0 1 
0 2 
1 0 
0 6 
1 6 
0 1 
0 6 
0 1 
0 1 
0 2 


0 3 
0 If 
0 0§ 


0 Of 
0 If 
0 If 
0 8 

0 3 
0 6 
0 1 
0 Of 































































































Linen, cambrics, per 2 half-pieces 

of 13 ells .. 

-damask tabling, all sorts, per 

dozen yards... 

-towelling and nap- 

kining of all sorts, per 

dozen yards.... 

-diaper tabling, all sorts, per 

dozen yards. 

— — -towelling and nap- 

kining, all sorts, per dozen 

yards . 

-lawns, per piece of llJ ells 

-linen cloth, called Brabant, 

Embden, Flemish, Frieze, 
Ghentish, Holland, Ising- 
hams, Overissels, and 
Rouse cloth, per 30 ells.. 
-French and Normandy can¬ 
vass, per 120 ells . 

-Dutch Barras, Hessens, Vi- 

try, canvass, per 120 ells 

-canvass, tufted or quilted 

with copper, silk, or thread, 
or such like, per 15 yards 

-linen shreds, per maund .. 

Madder, all but mull madder, per 

1121b. 

Molasses, per hogshead. 

Mustard-seed, per 112 lb. 

Nails, viz. 

-chair nails, brass or copper, 


per 1000.0 Of 

-copper nails, rose nails, and 

saddlers’ nails, per 10,000 0 Of 

Ochre, red or yellow, per 112 lb. 0 1 

Onion seed, per 112 lb. 0 4 

Orchal, per 112 lb. 0 1 

Ox bones, per 1000 . 0 1 

— guts, per barrel. 0 2 

Oil.—Seville, Majorca, Minorca, 

Provence, Portugal, linseed, 
or rape oil, per tun . 1 4 

— train or whale oil, per tun.... 0 8 

Paper; printing and copy paper, 

per 100 reams. 1 6 

Pewter, per 112 lb. 0 4 

Points of thread. See in T. 

Rape seed, per quarter. 0 1 

Rape cakes, per 1000 . 0 Of 

Red lead, per 112 lb. 0 1 

Red earth, per 112 lb. 0 Of 

Rice, per 1121b. 0 1 

Rosin, per ton. 0 6 

Rugs, Irish, f^ee Irish. 

Saffron, per lb. 0 1 

Salt, per wey. .. 0 2 

Saltpetre, per 112 lb. 0 2 

Seahorse teeth, per 100 lb. 0 10 

Sea-coals, per chaldron. 0 4 

Shot. See Birding-shot Lead. 

Shuraac, per 112 lb. 0 2 

Silk, raw of all sorts, per 16 

ounces . 0 1 

— nubs of husks, the 100, con¬ 

taining 21 ounces to the lb. 0 4 

4 c 


1123 

, r k' d. 

Silk, British thrown, per 16 ounces 0 1 

Silver, called quicksilver, per 100 

lb. 0 8 

Skins and furs, viz. 

-badger skins, per 100 .... 0 6 

-beaver skins, per 100. 2 6 

-cat skins, per 100. 0 4 

-calf skins, per 100. 0 8 

-coney skins, grey, tawed, 

seasoned, or stag, per 120 0 2 

-coney skins, black, per 120 0 2f 

-elk skins, per piece . 0 Of 

-fitches, per timber. 0 1 

-fox skins, per 100. 0 8 

-jennet skins, black, sea¬ 
soned, or raw, per skin .. 0 Of 

-kid skins, per 100. 0 2 

-lamb skins, tawed, or in 

oil, per 120. 0 6 

-mawkins, tawed or raw, per 

120 ... 0 4 

-otter skins, per 100 . 0 8 

-rabbit skins, per 100. 0 1 

-sheepskins, per 120. 0 6 

-sheep pelts, per 100. 0 3 

-squirrel skins, per 1000_ 0 3 

Slip, per barrel . 0 1 

Soap, viz. hard Castile, per 1121b. 0 2 

-per barrel . 0 3 

Spectacles without cases, per 12 

dozen. 0 Of 

Stockings, viz. 

-children’s stockings, per 

dozen pair ........ 0 Of 

-kersey or leather, per 

dozen ............ 0 1 

-silk stockings, per pair 0 f 

-worsted stockings, per 

dozen pair . 0 2 

—-woollen knit stockings, 

per dozen pair. 0 If 

Stuffs, viz. 

-buffins, per piece, broad, of 

14 yards. 0 2 

-per piece, narrow, of 

14 yards. 0 1 

-bridgewaters, per piece .. 0 2 

-carrels, per piece. 0 1 

-carmelians, per piece, of 25 

yards . 0 2 

-camlets or grograms, per 

piece, of 14 or 15 yards .. 0 2 

-dammosellos or damosins, 

per piece. 0 2 

-durants, per piece. 0 1 

-dimity, per piece, of 30 

yards. 0 1 

-floramedos, per piece .... 0 1 

—-— figurettos, per piece. 0 2 

-hangings of Bristol or striped 

stuff, per piece . 0 4 

-linsey woolsey, per piece .. 0 If 

-lisles, broad or narrow, pei 

piece, not above 15 yards 0 2 

-mocados, single or tufted, 

per piece, of 14 yards.... 0 1* 

2 


DUTIES OF PACKAGE, &c. 

s. d. 

0 If 
0 2 

0 1 
0 1 

0 Of 
0 If 


0 2 
0 3 
0 3 

0 1 
0 2 

0 2 
0 4 
0 Of 





















































































1124 


DUTIES OF PACKAGE, &c. 


». d. 

Stuffs, mocados, double, per piece, 

of 28 yards .... 0 2 

—— mohairs, per piece, not above 

]5 yards. 0 1£ 

- miscellany, per piece, of 30 

yards . 0 1 

-perpetuans, yard broad, per 

piece . 0 2 

-ell broad, per 

piece . 0 2$ 

-paragon, or parapus, per 

piece . 0 2 

■-pyramides or marimuff, the 

narrow piece. 0 1 

-the broad piece .. 0 2 

-rashes of all sorts, per piece, 

about 24 yards . 0 4 

-says; hounscot-says or mill¬ 
ed, per piece .. 0 3 

- of all other sorts, per 

piece . 0 2§ 

- serges, single, per yard 

broad, of 12 yards. 0 2 


-double, per yard 

broad, of 24 yards 0 3 
See also Woollen drapery. 
Succades, wet or dry, per 100 lb. 0 8 

Swarf. See Filings of Iron. 


Tallow, per 112 lb. 0 1 

Tapestry, viz. 


ells. 0 4 

-with wool, per 100 Fle¬ 
mish ells. 0 9 

-with gaddis, per 100 Fle¬ 
mish ells. 1 0 

-with silk, per 12 Flemish 

ells. 0 2 

Taffety, ell broad, per dozen 

yards . 0 2 

-silk tuff taffety, broad, per 

dozen yards. 0 4 

-narrow, per 

dozen yards 0 2 

Thread, white, brown, or coloured, 

per dozen lb. 0 1 

Tiffany, per dozen yards. 0 1 

Tobacco, Spanish, per 1001b. .. 2 0 

-of all other sorts, per 100 

lb. 0 6 

Tin ; wrought, per 112 lb. . 0 4 

-unwrought, per 112 lb. 0 

Thread points, per great gross .. 0 

Vellures, British, per single piece 0 1 

-per double piece 0 2 

Vinegar of wine, per tun. 0 2§ 

Waistcoats, viz. 

— ■ — ■ of kersey or flannel, per 

dozen. 0 2 

-of woollen, knit, per 

dozen. 0 4 

-of worsted, knit, per 

piece . 0 

■-wrought with crewel, 

per piece. 0 

—— wrought with silk .... 01 


a. d. 

Wax ; British wax, per 112 lb. .. 0 4 

- hard, per 100 lb... 0 8 

Wine ; French wines, per tun .. 0 8 

-Muscadel and Levant wines, 

per butt. 0 6 

-sacks, Canaries, Madeiras, 

Romney, and bullocks, per 

butt or pipe. 0 6 

Wood; box wood, per 112 lb.. .. 0 0§ 

-brazil wood, per 112 lb.. 0 3 

-ebony wood, per 112 lb.. 0 1§ 

-fustic wood, per 112 lb.. 0 0£ 

-red wood, per 112 lb. .. 0 1§ 

Wools ; cotton wool, per 100 lb.. 0 3 


-estridge wool, per 112 lb. 0 2 

-French wool, per 112 lb. 0 2 

-Spanish wool, per 112 lb. 0 4 

Woollen drapery, viz. 


-baize, per single piece .. 0 2 

- per double piece .. 0 4 

-minikins baize, per piece 0 6 

-broad cloth, per short 

piece, of 24 yards .... 0 6 

-per long piece of 32 

yards . 0 8 

-cottons of all sorts, per 

100 goads . 0 6 

-Devonshire dozens, per 

piece . 0 1 

-frizadoes, per piece .... 0 3 

-kerseys of all sorts, per 

piece . 0 2 

-list of cloth, per 1000 

yards. 0 6 

-northern dozens, single, 

per piece. 0 3 

-- double, 

per piece. 0 6 

-Spanish cloth, British 

, making, per 20 yards .. 0 6 

-penistones, per piece .... 0 2 

Worm seed, per 100 lb. 0 6 

Yarn ; cotton yarn, per 100 lb... 0 4 

-grogram or mohair yarn, per 

100 lb. 1 6 

-raw linen yarn, of all sorts, 

per 100 lb. 0 4 


All other goods, not mentioned in the pre¬ 
ceding table, pay for package-duties, 
after the rate of one penny in the pound, 
according as they are expressed or valued 
in his Majesty’s late book of rates : and 
all other, not expressed therein, shall 
pay the same rate, according to their 
true value. For every entry in the 
packer’s book, for writing bills to each 
entry outward. Is. The strangers pay 
the labouring porters for making up 
their goods at their own charge, as they 
have always done. And they pay the 
water-side porters, belonging to the 
package office, such fees and duties for 
landing and shipping their goods as 
they have usually paid within these 
twelve years past. 

















































































I125 


DUTIES OF PACKAGE, &e. 


baillaoe duties outwards. 

For the surveying or delivering of all 
goods and merchandise , in order to be 
exported into parts beyond the seas , or 
otherwise. 

s. d. 


Beer, per tun. 0 4 

Canvass, per 120 ells. 0 2 

Cloths. See Drapery. 

Coals, per chaldron. 0 1 


Cochineal. See Dyeing commodities. 
Drapery of woollen or worsted, viz. 

-broad cloth, per piece .. 0 If 

-kerseys of all sorts, per 

piece . 0 Of 

-perpetuanas, per piece .. 0 Of 

-stuffs, per single piece .. 0 Of 

-- -- per double piece .. 0 1 

Dyeing commodities, viz. 

-cochineal, per 100 lb. .. 0 1 

-indigo, per 100 lb. 0 4 

-- wood, of all sorts, for 

dyers, per 112 lb. 0 1 

Fur. See Skins. 

Fustians, British making, per 15 

yards. 0 Of 

Flax or hemp, per 112 lb. 0 1 

Grocery; viz. cloves, mace, nut¬ 
megs, or cinnamon, per 100 lb. 0 6 

-pepper or ginger, per 100 

lb. 0 2 

-raisins, per piece or frail 0 Of 

-raisins of the sun, per 112 

lb. 0 1 

Hemp. See Flax. 

Indigo. See Dyeing commodities. 

Iron, unwrought, per ton ...... 0 6 

-wrought, per 112 lb. 0 1 

Lamperns, per 1000 . 0 Of 

Lead, per fother. 0 6 

Linen. See Canvass. 

Pewter. See Tin. 

Saffron, per lb. 0 Of 

Salt, per wey. 0 2 

Saltpetre, per 112 lb..... 0 1 

Silk ; raw or thrown silk, per 16 

ounces. 0 Of 

Skins and furs, viz. 

-beaver skins, per 100 .... 1 6 

-badger skins, per 100 .... 0 6 

-coney skins, black, per 120 0 2f 

-cat skins, per 100 ........ 0 4 

-calf skins, per 100 . 0 8 

-fox skins, per 100. 0 8 

-fitches, per timber. 0 1 

-morkins, per 120. 0 2 

-otter skins, per 100. 0 6 

-sheep or lamb skins, per 120 0 2 

-squirrel skins, per 1000 .. 0 1 

Stuffs. See Drapery. 

Tin or pewter, per 112 lb*. 0 2 

Wax, per 112 lb. 0 2 

Wood for dyers. See Dyeing 
commodities. 

Wood of all sorts, per 112 lb. .. 0 2 


Other merchandise, liquid or dry, not 
particularly rated in this table, pay 
baillage duties outwards, by their bulk, 
as follows, viz. 

A great packet or fardel, contain¬ 
ing between 15 and 20 cloths. 


. or other goods to that propor- s. d. 
tion. 1 6 

An ordinary pack, truss, or fardle, 
containing, in bigness, about 10 
to 12 cloths, 12 or 14 baize, or 
to the like proportion in friezes, 
cottons, or other goods . 1 0 

A bale, containing 3 or 4 cloths, 4 
or 5 baize, or the like pro¬ 
portion in other goods........ 0 6 

For a great maund, or great 
basket.-. 0 8 

— a small maund, or basket, 

weighing 300 weight or 

under. 0 4 

— a hamper or coffer, weighing 

200 weight or under. 0 3 

— a butt or pipe . 0 8 

— a hogshead or puncheon .... 0 4 

— a barrel. 0 2 

— a firkin. 0 1 

— dry fat ... .. 0 8 

— drum fat . 0 4 

— a bale . 0 6 

— a great chest or great case .. 0 8 

— a small chest or case, of 3 cwt. 

or under. 0 4 

— a small box . 0 2 

— a great trunk . 0 6 

— a small trunk, not above 2 cwt. 0 3 

— a bag or sack . 0 4 

— a seron. 0 3 


PORTAGE DUTIES. 

The packers' water-side , porters' table 
of duties for landing strangers’ goods, 
and of the like duties or rates to be 
paid unto them for shipping out their 


goods. 

For a butt of currants . 1 4 

— a carateel of currants . 0 8 

— a quarterole of currants. 0 4 

— a bag of currants. 0 4 

— pieces of raisins, the ton .... 1 8 

— a barrel of raisins . 0 4 

— all sorts of puncheons. 0 6 

— a barrel of figs. 0 2 

— tapnets and frails of figs, the 

ton. 1 8 

— Brazil, or other wood for dye¬ 

ing, the ton. 1 8 

— iron, the ton . 1 2 

— copperas, the ton.. 1 2 

— oil, wine, or vinegar, the ton 1 2 

— hemp and flax, the last. 1 8 

— loose flax and tow, the cwt. .. 0 2 

— a great bag of tow . 0 8 

— a small bag of tow .. 0 4 

— a great bag of hops. 0 8 











































































1123 


DUTIES OF PACKAGE, &c. 


3 . ( 1 . 


For a packet or little bag of hops.. 0 4 

— packs, trusses, fats, or maunds, 

per piece. 0 8 

— a great chest. 0 8 

— a small chest. 0 4 

— all cases, barrels, or bales, per 

piece . 0 4 

— a bale of madder. 0 8 

— a bale of ginger or snumac, 

containing 4 cwt. 0 8 

— a faggot of steel . 0 1 

— any serons, per piece . 0 4 

— fat of pot ashes. 0 8 

— a last of soap ashes. 1 0 

— a last of pitch or tar. 1 0 

— a last of fish. 1 0 

— wainscots, per 120 ........ 5 0 

— clap-boards, per 120. 0 6 

— deal boards, per 120. 1 4 

— a great mast. 5 0 

— a middle mast. 2 6 

— a small mast. 1 3 

— great balks, per 120. 5 0 

— middle balks, per 120. 2 6 

— small balks, per 120. 1 3 

— a mill stone .. 5 0 

— a dog. stone . 2 6 

— a wolf stone. 2 0 

— a yard stone. 0 3 

— a grindstone . 1 0 

— a step stone or grave stone .. 0 8 

— quern stones, the last . 1 0 

— emery stones, the ton. 1 2 

— ten cwt. of Holland cheese .. 10 

— rosin, the ton . 1 2 

— woad, the ton . 1 2 

— a chest of sugar. 0 6 

— half wainscots, per 120 .... 2 6 

— raw hides, per 100 . 5 0 

— boom spars, per 120. 0 6 

— small spars, per 120. 0 4 

— ends of boom spars, per 120.. 0 9 

— a horse, gelding, or mare .... 2 6 

— alum, the ton . 1 8 

— heath for brushes, per 112 lb. 0 1 

— iron pots, the dozen. 0 3 

— rings of wire, loose, the ring 0 Of 


s. (I. 

For pipe staves, per 1000 2 6 

— rhenish wine, the aum. 0 6 

— burr stones, per 100. 2 6 

— half packs of teasels, the piece 0 4 

— wicker bottles, the dozen .... 0 0§ 

— stone pots, per 100 . 0 1 

— loose fish, per 100, landing .. 0 3 

— a barrel of salmon . 0 2 

— a barrel of stub eels. 0 2 

— a bundle of basket rods .... 0 Of 

— a ton of cork.. 1 8 

— a thousand of ox bones. 1 0 

— a thousand tips of horns .... 0 6 

— a thousand shank bones .... 1 0 

— brimstone, the ton, loose .... 1 3 

— a fother of lead. 1 2 

— rims of sieves, per load. 1 0 

— a load of fans .. 1 0 

— a load of bull-rushes. 0 8 

— a hundred reams of paper, 

loose .r. 1 0 

— a barrel of tarras. 0 2 

—• a barrel of ling... 0 2 

— a keg of sturgeon. 0 Of 

— iron backs for chimneys, per 

piece . 0 1 

— one hundred weight of ele¬ 

phants’teeth ... 0 1 

— copper and iron plates, per 

piece . 0 Of 

— hundred small barrels of black¬ 

ing . 1 0 

— a dozen of scales . 0 1 

— a hundred of oars. 2 6 

— every twenty sugar flags .... 0 4 

— a barrel of shot. 0 4 

— a bundle of canes. 0 1 

— a cage of quails. 0 4 

— a cage of pheasants. 0 4 

— a cage of hawks . 0 4 

— a winch of cable yarn ...... 0 4 

— a firkin of shot . 0 2 

All other goods not mentioned in this 

table pay portage duties as other goods 
do of like bulk or like condition herein 
expressed. 


To prevent frauds in colouring Aliens’ Goods, the 6 Geo. IV. 
c. 111. directs that the importer signs a bill of entry, stating whether 
the goods are on alien account or not, under penalty of fifty pounds. 
See page 503. 


iJO*nn * 









































































MISCELLANEOUS. 1127 


ARRANGEMENT OF THE COUNTRIES WITH WHICH 
THE FOREIGN TRADE OF GREAT BRITAIN 
IS CARRIED ON. 


EUROPE. 

Russia, viz.— 

Northern Ports. 

Ports on the Black Sea. 

Sweden. 

Norway. 

Denmark, viz.— 

Denmark Proper and Duchy of 
Holstein. 

Iceland and Faroer Islands. 

Prussia. 

Germany, viz.— 

Duchy of Mecklenburgh. 

Kingdom of Hanover. 

Duchy of Oldenburgh , and Lord- 
ship of Knip hausen. 

Hanseatic Towns. 

Island of Heligoland. 

Netherlands. 

Belgium. 

France (including Corsica.) 

Portugal, viz.— 

Portugal Proper. 

The Azores. 

Island of Madeira. 

*** But this is now said to be in Africa, 
see Customs’ Letter, 27 July, 1832. 

Spain, viz.— 

Continental Spain and the 
Balearic Islands. 

The Canary Islands , viz .— 
Teneriffe , fyc. 

Gibraltar. 

Italy, with the Italian Islands , viz.— 

Sardinian Territories. 

Duchy of Tuscany. 

Papal Territories. 

Naples and Sicily. 

Austrian Territories. 


Turkey, and Continental Greece , (including the 
Asiatic Ports within the Mediterranean , and 
exclusive of the Morea .) 

Morea and Greek Islands. 

AFRICA. 

Egypt (Ports on the Mediterranean .) 

Tripoli, Barbary and Morocco. 


.VI .o^D ft ■> ’ 4 

idriteiiw iiBte , ; 

Malta. 

» M Tct AMne 



112S 

AFRICA. 


MISCELLANEOUS 


ASIA. 


Senegal, and the Count from Morocco to the River 
Gambia. 

Sierra Leone, and the Coast from the River Gambia 
to the River Mesurada. 

Windward Coast, from the River Mesurada to Cape 
Apollonia. 

Cape Coast Castle, and the Gold Coast from Cape 
Apollonia to the Rio Volta. 

Cape Coast Castle, I To be treated as British Possessions. 
Annamaboo > Letter of the Privy Council, 14 

British Acera, j Jan. 1831. 

St. Mary’s, 

Sierra Leone, 

St. George’s on the 
River Cistus, 

Coast from Rio Volta to the Continental Territory 
of the Cape of Good Hope. 

Colonial Territory of the Cape of Good Hope. 
Eastern Coast , from the Colonial Territory of the 
Cape of Good Hope to the Straits of Babel Mandel. 
African Ports on the Red Sea. 

Cape Vkrd Islands. 

Sr. Helena. 

Madagascar. 

Isle of Bourbon. 

Mauritius. 

Arabia. 

Persia. 

East India Company’s Territories, exclusive of 
Singapore. 

Singapore. 

Ceylon. 

French Settlements. 

Danish Settlements. 

Portuguese Settlements. 

Ports of Cutch and Scind. 

Ports of the Birman Empire. 

Ports of Siam. 

Ports of Cochin China. 

Islands of the Indian Seas lying 
to the westward of the 150 th 
degree of east longitude , and to 
the northward of the 10 th de¬ 
gree of south latitude. 

Sumatra. 

Java. 

Other Islands of the Indian Seas, exclusive of the 
Philippine Islands. 

China. 

Japanese Islands. 

New South Wales. 

Van Dieman’s Land. 

New Zealand. 

South Sea Islands. 


^j> British Possessions. 


AMERICA. 


MISCELLANEOUS. 


1129 


British Northern Colonies, viz.— 

Settlements of the Hudson's Bay 
Company. 

Newfoundland and Coast of 
Labrador. 

Canada. 

New Brunswick. 

Nova Scotia t Cape Breton , and 
Prince Edward's Island. 
British West Indies, viz.— 

Antigua. 

Barbadoes. 

Dominica. 

Grenada. 

Jamaica. 

Montserrat ., 

Nevis. 

St. Christopher. 

St. Lucia. 

St. Vincent. 

Tobago. 

Tortola. 

Trinidad. 

Bahamas. 

Bermudas. 

Demerara. 

Berbice. 

Honduras. 

Foreign West Indies, viz.— 

Hayti. 

Cuba. 

Porto Rico. 

Guadaloupe. 

Martinique. 

Curapoa. 

St. Bartholomew. 

St. Croix. 

St. Martin. 

St. Thomas. 

Cayenne. 

Surinam. 

United States. 

Mexico. 

Guatemala. 

Columbia. 

Brazil. 

States of the Rio de la Plata. 

*** Monte Video forms part of the « Oriental Republic of the 
Uruquay.”—Treas. Letter, 28 February, 1832. 

Chili. 

Peru. 


Isle of Man. 

Isles of Guernsey, Jersey, Alderney, and Sark. 
4 d 




1130 


MISCELLANEOUS 


TABLE for ascertaining the quantity of BRITISH PLANTATION RUM. allowed 
to be delivered from the Warehouses free of Duty for Stores of Ships on Voyages 
to parts beyond the seas, according to the destination of the intended Voyage, and 
the number of the Mariners intended to be employed in navigating the same, and 
of his Majesty’s Troops that may be embarked therein, at half-a-pint per Man, per 
day. 

EUROPE .—Northward. 

Days. 

Embden, Bremen, Heligoland, Hamburgh, Tonningen. 28 

Elsineur, Copenhagen, Lubec, Rugen, Stettin, Dantzic, Pillau, Konigsberg, 
Memel, Riga, Revel, Petersburgh, Wyburgh, Abo, Stockholm, Carlscrona, 
Bornholm, Gottenburgh, Christiana, North Bergen, Drontheim, Maalstroom, 

Faro Islands, Iceland. 60 

Archangel. 120 

Greenland Fishery. 120 

South Seas ditto... 365 

Bay of Biscay , Portugal and Spain , 

On the Atlantic. 

Nantz, Rochelle, Bourdeaux, Bayonne, Bilboa, Vigo, Saint Andero, Oporto, 

Lisbon, St. Ubes. 40 

Cadiz. .... . 60 

The Mediterranean , 

In Europe. 

Gibraltar, Malaga, Almeria, Carthagena. 60 

Alicant, Altea, Valencia, Ivica, Majorca, Minorca, Tarragona, Barcelona, Bay of 

Rosas. 70 

Cette, Narbonne, Marseilles, Toulon, Nice, Genoa, Sardinia Isle, Corsica Isle, 

Leghorn, Civita Vecchia, Rome, Naples, Salerno, Messina, Palermo. 80 

Syracuse, Malta Isle. 90 

Ancona, Venice, Trieste, Zara, Corfu Isle, Cephalonia Isle, Zante Isle, Candia 

Isle. 100 

Islands in the Archipelago, Salonica, Gallipoli, Constantinople. 120 

The Levant, 

Smyrna, Cyprus, Scanderoon. 120 

AFRICA, 

In the Mediterranean. 

Alexandria. 100 

Tripoli, Susa. 80 

Tunis, Bona, Algiers, Ceuta. 60 

AFRICA, 

On the Atlantic. 

Tangiers, Salee, Mogador, Madeira.. 


f Saint Antonia.../ ^0 

Cape de Verd Islands... ^ Saint Vincent... 


Senegal, River Gambia, Sierra Leone, Annabena, Queen Anne’s Point, Calabar. 120 

Cape of Good Hope, St. Helena.. 180 

Madagascar... 240 

Isles of France and Bourbon ....... 240 




























MISCELLANEOUS. 


1131 


ASIA, 


From the Red Sea to Cape Camorin. 
Mocha, Surat, Bomba, Goa, Barcelor, Mangalore, Tellicherry 


Days. 
. 300 


Bay of Bengal. 

Negapatam, Tranquebar, Cuddalore, Pondicherry, Madras, Gangapatam, Masuli- 


patam, Calcutta, Malacca. 300 

China.340 


Asiatic Islands. 

Ceylon, Sumatra, Java, the Ladroues, the Philippines.300 

Botany Bay. 340 

Western Islands. 

Fayal, Saint Michael’s, Saint Mary’s. GO 


NORTH AMERICA. 


Davis’s Straits, Hudson’s Bay, Montreal. 120 

Newfoundland, Trinity Bay, Placentia Harbour, Port St. John. 00 

Quebec, Isle of Sable, Boston, Long Island, Newport, New York, Delaware Bay, 
Philadelphia, Chesapeake Ba) 7 , Baltimore, Charlestown, Savannah, St. Augus¬ 
tine’s Bay, Pensacola, New Orleans. 90 

Spanish Main. 

Vera Cruz, Bays of Campeachy and Honduras, Porto Bello, Carthagena, Santa 

Martha, Venezuela, La Guayra, Cumana. 120 

Bermuda. 90 

Providence, Bahama Island. 90 


West Indies. 

Cuba, Jamaica, St. Domingo, Porto Rico, St. Thomas, St. Croix, Tortola, St. 
Martin and St. Bartholomew, St. Eustatia, St. Christopher, Nevis, Antigua, 
Montserrat, Guadalope, Mariegalante, Dominica, Martinico, St. Lucia, Bar- 
badoes, St. Vincent, Grenada, Tobago, Trinidad, Cura<joa. 90 


SOUTH AMERICA. 


On the Atlantic. 


Essequibo, Berbice, Demerara, Cayenne.. 

Pernambuco.... 

Maranham, St. Salvador, and Bahia. 

Rio Janeiro, St. Sebastian, Rio Grande, Monte Video, Buenos Ayres 
Falkland Islands... 



Chili. 

Valdivia, La Conception, Valparaiso, Coquimbo 

Peru. 

Lima, Truxillo, Guayaquil..... 

Panama.. 


• 90 
100 

120 

180 


240 


240 

240 


For any Port between or beyond those that are inserted in this List, the allowance is to 
be the same as for the Port which in situation precedes it.—Cus. Order, 21 April, 
1825. 





































. > 






































LR£ Ja'14 














































































































